American Correctional Officer

Intelligence Network

 

ROLL CALL BRIEFING

 

Fenruary 29, 2008

 

This months Briefing includes:

Three Nassua County New York Officers assaulted

FMLA to cover military needs

Cash crunch boosts private prison profits

Budget Shortfalls to increase prison privatization

Put your car keys on your nightstand

Corrections Corp. Spends $2.5M to lobby against ACO supported legislation

Prison Population Statistics (Record-High Ratio of Americans in Prison)

Maryland Inmates get 2 life terms in stabbing of 2 guards

American Correctional Officer Board of Directors Meeting May 8-10, 2008

 

 

Nassau County Correction Officers Injured by Inmate

Seven Hospitalized After Attack

By Victoria A. Caruso

The Sheriffs Officers Association (ShOA) reports that seven correction officers from the Nassau County Correctional Facility were hospitalized Feb. 12 after an attack by an inmate with a history of violent behavior.

According to the sheriffs association, Joseph Cook, 30, was being transferred back to his housing unit from the East Meadow facility's "special individual recreation" yard, when he violently attacked two correction officers and injured five others called in to quell the attack and restrain him.

ShOA President Michael Adams said inmates with the history of violent behavior such as Cook's are required to be handcuffed and shackled for transfer throughout the jail. Inmates are handcuffed by placing their arms through a fence opening prior to exiting the yard and then are shackled. In this particular case, Cook attacked the two escorting officers, striking one in the head and neck with his handcuffs, Adams said.

Following the incident, the correction officers (six males and one female) were transported to Winthrop-University Hospital for treatment of injuries, which ranged in severity; three officers received significant head and neck injuries, including a male officer struck by a handcuffed Cook.

By law, inmates, regardless of classification, cannot typically be denied recreation but can be restricted to individual recreation, meaning they are allowed such by themselves, if they have a history of violent behavior, which was the case regarding Cook. According to Adams, the inmate committed two other assaults last year. In June 2007, Cook allegedly assaulted several nurses at a local hospital, resulting in serious injuries including broken bones and, in December, assaulted a female correction officer attempting to give him medication.

"Assaults on correction officers are a common occurrence at the maximum security Nassau County Correctional Facility. Dozens of officers are seriously injured each year by inmates [and] this incident highlights the dangers correction officers face every day when they come to work," said Adams, adding, "I commend the officers' handling of this situation and if it were not for their professionalism more officers might have been injured or the injuries sustained by those involved might have been more serious."

As a result of this latest attack, Cook was arrested and charged with assault on three officers; charges were not pressed against the inmate for four officers who, according to Adams, sustained injuries while attempting to dissolve the attack. Cook was arraigned in First District Court on Feb. 14 and, as of press time, was scheduled to go before a judge Feb. 19.

Pleased with the cooperation received from both Nassau County police and the Nassau County district attorney, Adams said this particular case is a perfect example of how crimes against officers performing their duty will not be tolerated. "I think it is very important for correction officers that inmates be charged and processed in a timely matter. This is vindication. There is a price to pay when you assault correction officers," Adams said

 

Family Leave Law to Cover Military Needs

 

BY SHELLY BANJO 

A new law will allow some workers to take unpaid time off in conjunction with a family member's military deployment, and to extend leaves available to care for a family member injured in military service. 

The Family and Medical Leave Act generally permits qualifying employees to take as many as 12 weeks of unpaid work leave a year in conjunction with the birth or adoption of a child, or to care for themselves or family members with serious medical conditions. Workers can take off a block of time, use days intermittently or work on a reduced schedule. 

With the expansion, signed by President Bush Jan. 28, spouses, children, parents or other next of kin of a service member who is seriously injured or ill can now take as many as 26 weeks of leave in a 12-month period. National Guard and Reserves duty are included. 

"But, unlike the original FMLA, where workers can take 12 weeks for every 12-month period, this particular provision is applicable only once," notes Lisa Guerin, co-author of "The Essential Guide to Family and Medical Leave" and senior legal editor at the book's publisher, Nolo. 

The other addition applies when a family member is on or about to be on active duty in the armed forces. The law says such employees can take as many as 12 weeks of FMLA leave for a "qualifying exigency," a term yet to be defined by the Labor Department. 

Says Ms. Guerin: "By broad definition, it applies to any need arising from a family member's military duty, such as having to arrange for child care or spending extra time with a spouse before they go on active duty." 

This part of the law will not go into effect until the Labor Department issues final regulations in a few months. Until then, the department encourages employers to provide such leaves. 

 

Wall Street Journal 2/14/08

 

Cash crunch boosts private prison profits

February 20, 2008

 

Cash crunch boosts government service firms
By Helen Chernikoff, Reuters
Wednesday February 20 2008 http://www.guardian.co.uk/feedarticle?id=7324401

NEW YORK, Feb 20 (Reuters) - The weakening U.S. economy has unleashed layoffs, reduced profits and sucked value from the stock market, but some companies, such as those that run prisons and consult for
government, can benefit from harsh economic times. When state and local budgets see shortfalls, cash-strapped
governments hire companies like management consultant Maximus Inc, social services provider Providence Service Corp and prison company Corrections Corp of America, according to analysts.

            Government belt-tightening could be a boon for a range of mid- and small-cap names whose share prices have in many cases fallen as far as more cyclical companies that really do suffer in a downturn. And,
analysts say, that could present some stock market opportunities.The housing slump has hurt public budgets, as depressed property values and lowered homeowners' equity cut proceeds from real estate and sales taxes.

            In 2009, 25 states are facing shortfalls, according to the Center on Budget and Policy Priorities. That pain trickles down to local governments, which increasingly look to privatize services they traditionally have performed. By outsourcing a prison, states can save as much as a quarter of its cost, Avondale Partners analyst Kevin Campbell said, which is why private prison companies boosted their market share to 7.2 percent in
2006 from 6.5 percent in 2001-2003. States might begin a new wave of prison privatization sooner than in
the 2001 recession because the United States is still suffering from prison overcrowding as a result of that last downturn, Campbell said.

 

SHARES DOWN

            Yet shares of Corrections Corp, the United States' largest prison company, are down about 20 percent from their 52-week high of $33.25.The story is similar with other prison companies. The Geo Group is down about 19.7 percent from its 12-month high of $32.89 and Cornell Companies is off about 24 percent from a high of $27.76.

"You would expect them to outperform given their defensive nature," Campbell said.
            Corrections Corp and Geo's share prices are "compelling" in part because they will reap business from California's prison bed shortage, estimated at 60,000 beds or more, Lehman Brothers analyst Jeffrey Kessler said. California's projected 2009 budget shortfall, at $14.5 billion, is by far the country's biggest, according to the Center on Budget and Policy Priorities. Kessler anticipates strong 2009 earnings for both Corrections Corp
and Geo. A recession could also cause a spike in crime, resulting in a further increase in demand for prison beds, Kessler said. "This would put further wind at the back of the private prison companies." Companies such as Tyler Technologies Inc, a provider of software to local government, resist recessions well, said Eric Marshall, who follows government services for the Hodges Small Cap Fund. Tyler's stock is down about 14 percent for the year, but has  outperformed the Russell 2000 .RUT>, down about 18 percent for the year.

 

RECESSION-RESISTANT

            The company is recession-resistant because it is "tied to the need to process parking tickets and utility bills and those things are going to happen no matter what," Marshall said. Of course, downturns make local governments even hungrier to collect that revenue efficiently. The same dynamic supports Maximus Inc, a management consultant to government, whose shares are down about 23 percent from their year high of $48.33, partly because of a failed attempt to sell itself, said Jeffries & Company analyst Matthew McKay. Maximus has grown revenue in every downturn and expects a repeat performance because the company's emphasis on efficiency appeals in tight times, Chief Executive Richard Montoni said during a recent conference call.

Maximus is set for a surprisingly strong showing in 2008, said McKay, who has a "buy" rating on the stock and a one-year price target of $55. Likewise, Medicaid administrator Providence Service Corp is trading at $28.57, but Sidoti & Co. analyst Greg Williams' 12-month price target for the shares is $37. He said he rates them a buy in part because they're a "counter-cyclical play."

            In 2008, California accounts for almost 18 percent of Providence's $310 million Medicaid administration business, a direct result of the state's budget woes, Chief Executive Fletcher Jay McCusker told Reuters. "A recession drives clients to our business," said McCusker, adding that Providence picked up new business in Florida, Virginia, Maine, Illinois and Nevada during the 2001 recession. "We anticipate no
decrease in business even though state budgets may be flattening.

 

20 STATES FACE TOTAL BUDGET SHORTFALL OF AT LEAST $35 BILLION IN 2009; 8 OTHERS EXPECT BUDGET PROBLEMS
By Elizabeth C. McNichol and Iris Lav

Center on Budget and Policy Priorities

Summary

At least twenty-five states, including several of the nation’s largest, face budget shortfalls in fiscal year 2009. Of these 25 states, specific estimates are available for 20 states; the combined deficits of these 20 states are expected to total at least $35 billion for fiscal 2009 — which begins July 2008 in most states. Another 3 states expect budget problems in fiscal year 2010, although some of those gaps may occur earlier than expected. Many of the other states have not yet released information about their fiscal status.

The bursting of the housing bubble has reduced state sales tax revenue collections from sales of furniture, appliances, construction materials, and the like.  Weakening consumption of other products has also cut into sales tax revenues.  Property tax revenues have also been affected, and local governments will be looking to states to help address the squeeze on local and education budgets.  And if the employment situation continues to deteriorate, income tax revenues will weaken and there will be further downward pressure on sales tax revenues as consumers become reluctant or unable to spend.

The vast majority of states cannot simply run a deficit or borrow to cover their operating expenditures.  As a result, states have three primary actions they can take during a fiscal crisis:  they can draw down available reserves, they can cut expenditures, or they can raise taxes.  States already have begun drawing down reserves; the remaining reserves are not sufficient to allow states to weather a significant downturn or recession.  The other alternatives — spending cuts and tax increases — can further slow a state’s economy during a downturn and contribute to the further slowing of the national economy, as well.

The Center on Budget and Policy Priorities currently is monitoring state fiscal reports and is in touch with state officials and/or relevant state nonprofit organizations in the 50 states and DC.   The fiscal situation appears to be as follows.

TABLE 1:  20  STATES WITH PROJECTED GAPS FOR FY2009

 

Amount

Percent of FY2008 General Fund

Alabama

$784 million

9.2%

Arizona

$1.7 billion

16.2%

California

$14.5 billion

13.9%

Florida

$2 billion

6.5%

Illinois

$2.5 billion - $3.0 billion

9.1 – 10.9%

Iowa

$350 million

6.0%

Kentucky

$266 million

2.9%

Maine

$57 million

1.8%

Maryland

$550 million

3.8%

Massachusetts

$1.2 billion

4.2%

Minnesota

$373 million

2.2%

Nevada

$565 million

7.8%

New Hampshire

$50 million - $150 million

1.6 – 4.8%

New Jersey

$2.5 - $3.5 billion

7.6 - 10.6%

New York

$4.7 billion

8.7%

Ohio

$733 million - $1.9 billion

3.6 to 9.4%

Rhode Island

$380 million

11.2%

South Carolina

$160 million

2.4%

Virginia

$1.2 billion

6.9%

Wisconsin

$652 million

4.8%

TOTAL

$35.2 - $38.0 billion

8.3 - 8.9%

 

This brings the total number of states identified as facing budget gaps to 28 — more than half of all states. The remaining 22 states did not foresee FY2009 budget gaps at the time of the survey either because their budgets remain strong or because they have not yet prepared updated revenue and spending projections for fiscal year 2009. The list of states facing budget gaps is likely to grow as additional state budgets are released in preparation for the upcoming legislative session.

Some mineral-rich states — such as New Mexico, Alaska, Montana and Wyoming — are seeing revenue growth as a result of high oil prices.  Other regions’ economies are less affected by the national economic problems.  For example, states with high levels of farm exports are benefiting from the high price of corn and soybeans and the falling value of the dollar.   This does not mean, however, that local governments in those states will escape fiscal stress.  Some states with mineral revenues or farm exports have been affected by the housing bubble and could face widespread local government deficits.

In states facing budget gaps, the consequences could be severe — for residents as well as the economy.  Unlike the federal government, states cannot run deficits when the economy turns down; they must cut expenditures, raise taxes, or draw down reserve funds to balance their budgets.  Even if the economy does not fall into a recession as it did in the earlier part of this decade, actions will have to be taken to close the budget gaps states are now identifying.  The experience of the last recession is instructive as to what kinds of actions states may take.

Expenditure cuts and tax increases are problematic policies during an economic downturn because they reduce overall demand and can make the downturn deeper.  When states cut spending, they lay off employees, cancel contracts with vendors, eliminate or lower payments to businesses and nonprofit organizations that provide direct services, and cut benefit payments to individuals.  In all of these circumstances, the companies and organizations that would have received government payments have less money to spend on salaries and supplies, and individuals who would have received salaries or benefits have less money for consumption. This directly removes demand from the economy.  Tax increases also remove demand from the economy by reducing the amount of money people have to spend.

The federal government — which can run deficits — can provide assistance to states and localities to avert these “pro-cyclical” actions.

 States Have Restrained Spending and Accumulated Rainy Day Funds

Many states have never fully recovered from the fiscal crisis in the early part of the decade.  This fact heightens the potential impact on public services of the deficits states are now projecting. 

State expenditures fell sharply relative to the economy during the 2001 recession, and for all states combined they remain below the FY2001 level.  (See Figure 1.)  In 18 states, general fund spending for FY2008 — six years into the economic recovery — remains below pre-recession levels as a share of the gross domestic product. 

In a number of states the reductions made during the downturn in education, higher education, health coverage, and child care remain in effect.   These important public services will suffer even more if states turn to budget cuts to close the new budget gaps they now anticipate.

One way states can avoid making deep reductions in services during a recession is to build up rainy day funds and other reserves.  At the end of FY2006, state reserves — general fund balances and rainy day funds — totaled 11.5 percent of annual state spending.  These reserves are estimated to decline to 6.7 percent of annual spending by the end of this fiscal year.  Reserves can be particularly important to help states adjust in the early months of a fiscal crisis, but generally are not sufficient to avert the need for substantial budget cuts or tax increases.

PUT YOUR CAR KEYS BESIDE YOUR BED AT NIGHT

Put your car keys beside your bed at night. If you hear a noise outside your home or someone trying to get in your house, just press the panic button for your car. The alarm will be set off, and the horn will continue to sound until either you turn it off or the car battery dies.
            This tip came from a neighborhood watch coordinator. Next time you come home for the night and you start to put your keys away, think of this: It's a security alarm system that you probably already have and requires no installation. Test it. It will go off from most everywhere inside your house and will keep honking until your battery runs down or until you reset it with the button on the key fob chain.
            It works if you park in your driveway or garage. If your car alarm goes off when someone is trying to break in your house, odds are the burglar or rapist won't stick around... after a few seconds all the neighbors will be looking out their windows to see who is out there and sure enough the criminal won't want that. And remember to carry your keys while walking to your car in a parking lot The alarm can work the same way there.....
            This is something that should really be shared with everyone. Maybe it could save a life or a sexual abuse crime.

 

Corrections Corp. Spends $2.5M to Lobby

Wednesday February 20, 10:46 am ET 

http://biz.yahoo.com/ap/080220/corrections_corp_lobbying.html?.v=1

Corrections Corp. Spends About $2.5M in '07 to Lobby on Private Prison Legislation, Regs

 

WASHINGTON (AP) -- Corrections Corp. of America spent almost $2.5 million in 2007 to lobby on legislation and regulations related to the private prison industry.

The prison management company spent more than $1.1 million in the second half of 2007 to lobby the federal government, according to a disclosure form posted online Thursday by the Senate's public records office.

 

The company lobbied on the privatization of Bureau of Indian Affairs prisons and on the Public Safety Act, which would outlaw private prisons, as well as the Private Prison Information Act, which would force private prisons to make public the same information government jails must provide.

 

Corrections Corp. spent more than $1.3 million in the first six months of 2007 to lobby on similar issues.

 

In addition to lobbying Congress, the company also lobbied the Bureau of Indian Affairs, Department of Homeland Security, Department of Justice, Department of Labor and Office of Management and Budget.

 

Corrections Corp. lobbyists included Bart VerHulst, previously chief of staff for former Senate Majority Leader Bill Frist, R-Tenn.; Mike Quinlan, former director of the Federal Bureau of Prisons; and Gus Puryear, previously counsel to Frist and an adviser to Vice President Dick Cheney.

 

Lobbyists are required to disclose activities that could influence members of the executive and legislative branches, under a federal law enacted in 1995.

 

 

Record-High Ratio of Americans in Prison

By DAVID CRARY,

AP

Posted: 2008-02-28 15:47:12

NEW YORK (AP) - For the first time in U.S. history, more than one of every 100 adults is in jail or prison, according to a new report documenting America's rank as the world's No. 1 incarcerator. It urges states to curtail corrections spending by placing fewer low-risk offenders behind bars.

Using state-by-state data, the report says 2,319,258 Americans were in jail or prison at the start of 2008 - one out of every 99.1 adults. Whether per capita or in raw numbers, it's more than any other nation.

The report, released Thursday by the Pew Center on the States, said the 50 states spent more than $49 billion on corrections last year, up from less than $11 billion 20 years earlier. The rate of increase for prison costs was six times greater than for higher education spending, the report said.

The steadily growing inmate population "is saddling cash-strapped states with soaring costs they can ill afford and failing to have a clear impact either on recidivism or overall crime," the report said.

Susan Urahn, managing director of the Pew Center on the States, said budget woes are pressuring many states to consider new, cost-saving corrections policies that might have been shunned in the recent past for fear of appearing soft on crime.

"We're seeing more and more states being creative because of tight budgets," she said in an interview. "They want to be tough on crime. They want to be a law-and-order state. But they also want to save money, and they want to be effective."

The report cited Kansas and Texas as states that have acted decisively to slow the growth of their inmate population. They are making greater use of community supervision for low-risk offenders and employing sanctions other than reimprisonment for offenders who commit technical violations of parole and probation rules.

"The new approach, born of bipartisan leadership, is allowing the two states to ensure they have enough prison beds for violent offenders while helping less dangerous lawbreakers become productive, taxpaying citizens," the report said.

While many state governments have shown bipartisan interest in curbing prison growth, there also are persistent calls to proceed cautiously.

"We need to be smarter," said David Muhlhausen, a criminal justice expert with the conservative Heritage Foundation. "We're not incarcerating all the people who commit serious crimes. But we're also probably incarcerating people who don't need to be."

According to the report, the inmate population increased last year in 36 states and the federal prison system.

The largest percentage increase - 12 percent - was in Kentucky, where Gov. Steve Beshear highlighted the cost of corrections in his budget speech last month. He noted that the state's crime rate had increased only about 3 percent in the past 30 years, while the state's inmate population has increased by 600 percent.

The report was compiled by the Pew Center's Public Safety Performance Project, which is working with 13 states on developing programs to divert offenders from prison without jeopardizing public safety.

"Getting tough on criminals has gotten tough on taxpayers," said the project's director, Adam Gelb.

According to the report, the average annual cost per prisoner was $23,876, with Rhode Island spending the most ($44,860) and Louisiana the least ($13,009). It said California - which faces a $16 billion budget shortfall - spent $8.8 billion on corrections last year, while Texas, which has slightly more inmates, was a distant second with spending of $3.3 billion.

On average, states spend 6.8 percent of their general fund dollars on corrections, the report said. Oregon had the highest spending rate, at 10.9 percent; Alabama the lowest at 2.6 percent.

Four states - Vermont, Michigan, Oregon and Connecticut - now spend more on corrections than they do on higher education, the report said.

"These sad facts reflect a very distorted set of national priorities," said Sen. Bernie Sanders, an independent from Vermont, referring to the full report. "Perhaps, if we adequately invested in our children and in education, kids who now grow up to be criminals could become productive workers and taxpayers."

The report said prison growth and higher incarceration rates do not reflect an increase in the nation's overall population. Instead, it said, more people are behind bars mainly because of tough sentencing measures, such as "three-strikes" laws, that result in longer prison stays.

"For some groups, the incarceration numbers are especially startling," the report said. "While one in 30 men between the ages of 20 and 34 is behind bars, for black males in that age group the figure is one in nine."

The racial disparity for women also is stark. One of every 355 white women aged 35 to 39 is behind bars, compared with one of every 100 black women in that age group.

The nationwide figures, as of Jan. 1, include 1,596,127 people in state and federal prisons and 723,131 in local jails. That's out of almost 230 million American adults.

The report said the United States incarcerates more people than any other nation, far ahead of more populous China with 1.5 million people behind bars. It said the U.S. also is the leader in inmates per capita (750 per 100,000 people), ahead of Russia (628 per 100,000) and other former Soviet bloc nations which round out the Top 10.

The U.S. also is among the world leaders in capital punishment. According to Amnesty International, its 53 executions in 2006 were exceeded only by China, Iran, Pakistan, Iraq and Sudan.

On the Net:

www.pewcenteronthestates.org.

Inmates get 2 life terms in stabbing of 2 guards

February 7, 2008

Two men already in prison for murder were sentenced yesterday to two life sentences each for the 2006 stabbing of a pair of correctional officers at the now-closed Maryland House of Correction in Jessup.

Anne Arundel County Circuit Judge Philip T. Caroom sentenced Brian Troxler, 25, and Donta Walker, 24, to the maximum sentences allowed under the law - two life sentences to run consecutive to the lengthy prison sentences they are serving. Both were convicted in December of first-degree attempted murder.

Troxler and Walker repeatedly stabbed two correctional officers - Sgt. Damean Stewart and Officer Dontae Malone - with 8-inch shanks March 29, 2006, in the prison, said Assistant State's Attorney Michael Dunty, who prosecuted the case and urged the judge to sentence Troxler and Walker to the maximums.

Troxler is serving an 80-year sentence, and Walker is serving a life sentence with all but 50 years suspended, prosecutors said. Both were convicted of murder charges in Baltimore.

"We don't tolerate violence within the prison," Dunty told the court. "There needs to be a message sent to them."

The stabbing of the two correctional officers occurred about four months before the July 25, 2006, fatal attack on Officer David McGuinn at the House of Correction, which prompted Gov. Martin O'Malley to close the facility in March.

William Purpura, attorney for Troxler, and Brian Murphy, attorney for Walker, said they would appeal the sentences.

American Correctional Officer Board of Directors Meeting and

Lobbying Conference May 8-10, 2008

 

Just a reminder to make your reservations for the Board of Directors and Lobbying Day in DC.

 

Arrival date May 7, 2008

Lobbying Day May 8, 2008

Directors Meeting May 9, 2008

FOP DOC DC Picnic and celebration May 10, 2008

Depart May 11, 2008

 

Holiday Inn Laurel - West

15101 Sweitzer Lane

Laurel, Maryland  20707

Reservations: 301-776-5300

American Correctional Officer Room Block

 

            Your best bet is to fly into BWI in Baltimore. You can use Southwest, it’s cheaper, and we are less than a half hour from downtown DC. See you there!