Category: Uncategorized

  • Getting to Know the Emerald Companies

    Web resources quilted together by the editor of the Texas Civil Rights Review–gm

    Although it lost out to Corrections Corporation of America in a bid to operate a prison in Panama City, Florida, the Emerald Companies still operates five medium security prisons. Two of them lie near the Mississippi River in eastern Louisiana. The three Texas prisons have rated capacities of 548 each.

    La Salle

    In South Texas, the Emerald Companies operates the LaSalle County Regional Detention Center, 832 E. Texas Highway 44,
    Encinal, TX 78019; Warden Rudy Sanchez (756-794-1900). A colorful history of this facility has been published by the Panama City News Herald and archived by the Private Corrections Institute (PCI):

    The most publicized was La Salle County (2000 pop. less than 5,900). County commissioners were persuaded by a lobbyist and the management team to issue $22 million in bonds to build a 500-bed prison. Although commissioners eagerly embraced the idea, they agreed to keep public involvement at arm’s length. The secretiveness enabled commissioners and Emerald to reach convivial agreement without the hindrance of county legal and fiscal staff. When the public learned what transpired – that the bonds paid an outrageous 12-percent interest, underwriter fees were 6 percent, Emerald would get a flat amount for operating the prison no matter how small the inmate population, and the persuasive lobbyist reportedly received a percentage of the deal, not a fee – the public was not amused. Lawsuits ensued. It was too late to stop the bond fiasco. As part of the lawsuit settlement, however, Emerald agreed to be paid based on the actual number of prisoners. Emerald also agreed to pay the town of Encinal $50,000 and La Salle County $100,000. Both payments were part of Emerald’s bid but somehow were omitted from the contract. When County Commissioner George Gainer talks about Bay County being victimized by bad contracts in the past, this is the kind of shoddy legal work he means. La Salle County had to issue an additional $4.5 million in bonds to pay contractors so the work could proceed. The absence of public input caused additional oversights. Now open, “The facility itself used up all but a few connections-worth of our existing water supply capacity,” says Encinal City Council member Barba de Chiva. “It uses – and stinks – all of our sewer capacity. Any further development is now contingent upon our spending millions of dollars to upgrade local infrastructure.”

    And when you have time to stretch out, light your pipe, and read about private prisons in Texas, PCI has one long-as-hell and up-to-date page called Texas Hall of Shame.

    Sierra Blanca

    In West Texas the Emerald Companies operates the Hudspeth County Regional Correctional Facility, 10796C E. Lewis Ave., Sierra Blanca, TX 79851; Warden T.J. Medart (915-369-2246).

    According to the Wyoming State Auditor’s Office, the Emerald Companies recently received the following electronic funds transfers from Wyoming: $35,344.60 for SIERRA BLANCA MEN on 3/19/2007; $98,562.42 for SIERRA BLANCA MEN on 2/23/2007.

    Rolling Plains Prison

    And on the Western edge of North Texas, the Emerald Companies operates the Rolling Plains Regional Jail and Detention Center, 118 County Rd. 206, Haskell, TX 79521; Warden Jill Watson (940-864-5694).

    In addition to making money from Homeland Security for holding innocent immigrants for six whole months at a time, the Rolling Plains prison also imports medium security felons from Wyoming, including women.

    According to the Wyoming State Auditor’s Office, the Emerald Companies received the following recent electronic funds transfers from Wyoming: $141,817.84 for ROLLING PLAINS MEN on 3/12/2007; $64,228.75 for ROLLING PLAINS WOMEN on 3/12/2007; $80,242.50 for ROLLING PLAINS WOMEN on 2/23/2007; and $120,970.37 for ROLLING PLAINS MEDIC on 2/23/2007.

    Rolling Plains hasn’t always been in the hands of the Emerald Companies. An overview from PublicBonds.Org says Emerald took it over from another contractor following a financing dispute:

    In March 1998 the Haskell City Council, the Haskell County Commissioners Court and the Development Corporation of Haskell joined forces to form the Rolling Plains Regional Corporation, a non-profit entity, to build a regional jail, a youth detention facility and a privately run prison.

    Voters approved the sale of $20 million in bonds for the Rolling Plains Regional Jail Facility, which comprised a 48-bed county jail and a 500-bed detention center and was completed in early 2002. Concerns by local residents about its tax consequences for the city and the county had delayed the process.

    The county jail had an average population of 35 per day until July 2002. The detention center received its first 57 detainees from the Immigration and Naturalization Services in July of that year. The county lost some of its prisoners to Dickens County.

    Management and Training Company initially operated the facility. Under the county’s contract with MTC, payments on the certificates of obligation were last in order, following payments on the revenue bonds and payments to the operator. When the county failed to renegotiate the order of payments with MTC, it decided to contract with a new operator, Emerald Correctional Management Corporation.

    This AP report is from April 2004 (we have not yet determined the date when Emerald took over):

    Rolling Plains Regional Jail, Texas
    Federal authorities say they are investigating allegations that workers at a detention center have mistreated in mates. Inmate complaints at the Rolling Plain Regional Jail and Detention Center in Haskell range from not getting enough soap and lotion to a lack of proper medical treatment, said Patricia Mancha, spokeswoman for the Bureau of Immigration and Customs Enforcement. A special assessment team dispatched from Washington to investigate is expected to issue a report in a few weeks, Mancha said. The 551-bed private jail contracts with the Immigration and Customs Enforcement field office in Dallas. Judy Morrell, a corrections officer for two years, said she quit recently over “inhumane” treatment of inmates. She alerted federal officials about the conditions weeks ago. “Animals were treated better than the inmates,” Morrell, who lives in Seymour, told the Wichita Falls Times Record News in a Thursday story. “I refuse to be a part of it anymore.” Because of overcrowding, some inmates were forced to sleep on the floor and given rations that were substandard and irregular, she said. (AP, April 16, 2004)

    Sweetwater?

    We don’t know the rest of the story yet, but here’s an interesting lead from KTAB TV Abilene from July 12, 2006:

    New Jobs Possible For Sweetwater

    The private firm that runs
    the
    Haskell prison is looking to re-open a closed facility in Sweetwater that could end up creating 200 new jobs.

    The Sweetwater Enterprise for Economic Development Corporation is finalizing a recommendation for the city commission to help Emerald Companies purchase the closed Temple Dickson facility.

    The former juvenile correctional prison closed several years ago.

    Emerald, which operates the Haskell prison along with other facilities in the state and Louisiana, is seeking help to purchase the facility and upgrade it.

    Initially they would install double fencing around the facility and new security sensors.

    Eventually they would like to add more buildings to bring the inmate population up to 500 which would eventually mean a total of 200 jobs at the prison over the two year $10-million dollar expansion.

    If the incentives are approved and the sale is finalized Emerald will hire 40 people to start out.

    The prison would likely house out of state inmates.

    Prisons and Rural Texas

    A 2002 report from the Texas Office of Rural Community Affairs studied one of the recent prison booms:

    From 1988 to 2000, the Texas Legislature appropriated $2.3 billion to construct facilities for over 108,000 prison beds. Rural counties across Texas successfully attracted prison construction
    by offering land, utilities, easements, and other amenities. Because of the efforts of rural counties, a majority of these prisons were built in rural Texas. In fact, more than 40 prison units were opened in cities with populations under 30,000. The employment and payroll of a state prison unit can range from 140 employees with an annual payroll of $4.2 million to 800
    employees with an annual payroll of $22 million. Prisons have provided needed jobs in many rural Texas communities, while neighboring communities and the region surrounding a prison
    may receive increased economic benefits. However, some factors have minimized positive economic impacts, including:

    • the cost of connecting prisons to utility services, and
    • a lack of housing in communities that have successfully attracted prison construction,

    which may reduce the prison’s positive impact on local property tax revenue and limit a community’s ability to house prison employees that are new to the area.

    An unintended consequence of locating prisons in rural areas of the state has been an increased caseload for judges in those areas. For example, when an inmate housed in a rural area alleges mistreatment that can result in a civil tort case for damages or injuries, the rural district judge in that area has oversight under basic civil venue rules. During the 74th Legislative Session, section 14.003, Civil Practice and Remedies Code, was added which permits judges to dismiss frivolous or malicious claims. However, the time spent judging the merit of inmate claims can place an additional burden on rural Texas’ already burdened courts. To date, Texas’ rural judges have handled these cases without additional resources (PDF Source).

  • Monica Bonded out of Haskell: Why not Suzi?

    We mentioned the imprisonment of high school student Monica, who was taken to Haskell after being busted at a Senior Skip-Day party. Here’s a belated update from Larry James Urban Daily blog. We cheer for Monica’s freedom, and we wonder, why has Suzi Hazahza not been offered a bond?–gm

    Monday morning (March 12, 2007) thanks to an extremely generous donor and friend of CDM and this family, Monica and Jose were bonded out of the detention center.

    If I reported the cost of the bond, you would be shocked. Two very fine high school seniors, far from criminals in any sense of the word, were forced to come up with an outlandish amount of money to secure their release while they await a hearing before an immigration judge.

    After paying the bond in Dallas at Immigration and Customs Enforcement (ICE–formerly Immigration and Naturalization Services), the same donor drove to Haskell and brought the two young people home on Monday evening.

  • From Standing Alone to Stumping the Stage: Dr. Asma Salam for Suzi

    After Thursday’s Federal Magistrate hearing in the matter of the Hazahza Family v. Chertoff, a few stalwart protesters were taking in the news that Suzi would have to wait for her freedom, when Ralph Isenberg made one of his famous spontaneous resolutions.

    “We have to continue this vigil until Suzi is released!”

    And without hesitation, Dr. Asma Salam agreed that she would be the one to keep the vigil alive. So on Friday morning at 9am, she took up her position in front of the Dallas Federal Courthouse and held her signs:
    “Free the Hazahzas. Stop the inhumane treatment of families in immigrant detention centers. Stop the inhumane treatment of immigrants.”

    For five hours she stood alone.

    “But some cars were slowing down, some even stopped to take a closer look at the signs, ,” says Dr. Salam via cell phone Sunday evening.

    Later Friday afternoon she got some reinforcements from Patricia Juarez and Sylvana Alonzo, who stood with her, held signs, and introduced her to legendary Dallas immigration attorney Domingo Garcia. Alonzo then invited Dr. Salam to speak at a Saturday morning labor breakfast and an afternoon Cesar Chavez Parade in Arlington.

    On Sunday, Mr. Garcia and Sylvana’s husband invited Dr. Salam to take the stage at the Dallas Immigration March. Texas State Rep. Roberto Alonzo has been making political history for several decades, and his intuitions didn’t let him down this time. How did the audience receive Dr. Salam’s words?

    “Oh, they applauded my every sentence!” Here is Dr. Salam’s account of what she said and what followed:

    ” I am honored to be here to see the community united and my thanks to Mr. Alonzo, his wife Sylvania and Mr. Garcia for inviting me to speak about this important issue. I want to bring your attention to this important issue, immigration detention centers in America. I am working with Mr. Ralph Isenberg and I am in direct contact with families and their loved ones who are detained at these centers. If you all read and learn about what is going inside these detention centers you will not eat and sleep the way you used to. We have to support each other to show we care. I have been organizing and coordinating events like vigils, walks and protest with Mr. Jay Johnson and Mr. Ralph Isenberg. Please join us as there will be more events organized to support families in detention centers. We are Americans and we love our country, we have to take an action to stop this unjust and inhumane treatment. These families are not criminals and does not deserve to be in these detention centers due to the change of their status. Please join me in the protest in front of the federal court building in Dallas to show the world and our country that we will not accept this inhumane treatment of families in immigration detention centers. They need to be shut down. I will be in front of Federal court building in Dallas from 9:00am to 4:00pm Monday through Friday to show our support for families in detention centers. Please register for vote, and claim your country to keep our values high. I love America and I want to keep it beautiful. Please show your support. “God bless America”

    Crowd that was close to 7000, clapped and showed their support, several people thanked me after my speech, especially Mr. Alonzo appreciated my efforts and would like to have a town hall meeting with Washington D.C congress persons, ICE officials and will invite Mr. Ralph Isenberg in appreciation of his efforts and families who were detained like Mrs Hazazah. Also Mr. Rafael Anchia thanked me for inspiring speech and he is also willing to support us.

    By the end of the speech she was being congratulated by Rep. Alonzo and Rep. Rafael Anchía. It had been a remarkable three days of advocacy, from standing alone, to breakfast speaker, to crowd pleaser at a major march.

    Suzi, we hope you’re listening. Everybody we know wants you to be free.–gm

  • Centralization and Control of Election Management

    Brought to You by the Party in Power

    By Greg Moses

    While we study Texas efforts to produce a statewide database of voters by Jan. 1, other states have breaking news on the issue, too. The move to centralize voter registration in all 50 states is being accompanied by Republican-led efforts to centralize election powers and tighten up voter identification.

    In Florida, a House committee has approved a law that would create an “election czar” in the office of Secretary of State. As Dara Kam reports for the Palm Beach Post, the proposed law would give the Secretary of State, “the authority to interpret election law for county supervisors of elections in situations such as a statewide recount, as well as sole control over a statewide voter database.”

    Indiana will soon have “the nation’s strictest voter identification requirement” reports the NorthWest Indiana Times. The bill passed by party-line votes in both houses of the General Assembly, with Republicans in favor. A UPI story on Wednesday says Georgia and Wisconsin are also headed in the strict ID direction, following five states already there: Hawaii, Florida, Louisiana, South Carolina and South Dakota.*

    And where do you think the following sentence comes from? “The plan is to have one central database housed on a server in Texas”? It’s from an editorial at the Fort Wayne Journal-Gazette in Indiana.

    The Texas location of the server worries county officials in Indiana. “They want to know what will happen if the server in Texas can’t handle Election Day traffic when every county is trying to access data.” And therefore, they want permission from the Indiana Secretary of State to keep a copy of their voter rolls in the county. Says the Journal-Gazette editorial board: it is a reasonable request.

    “The policy decision hasn’t been decided yet,” says Bill McCully of Quest Information Systems (QUESTIS) in a phone conversation with the Texas Civil Rights Review. So how did the Indiana voter database come to reside in Texas?

    “It’s not much of a story,” McCully chuckles. Quest has a good relationship with hosting service, Data Return, which is headquartered on trendy Las Colinas Blvd. in the Dallas suburb of Irving. “They are world renowned, fully bunkerized, and have a service level that Quest likes.” In the cyber age of information flow, says McCully, “the physical location of data isn’t all that relevant.”

    The Indianapolis firm is developing FirstTuesday software in partnership with Microsoft. Quest is lead vendor for the Indiana voter registration system and partner with Unisys for a Virginia system. “The base software for the HAVA database will be coming out in a couple or three chunks in the next three weeks or so,” says McCully.

    In California, Gov. Schwarzenegger has successfully secured legislative approval to appoint new Secretary of State Bruce McPherson, who will oversee the HAVA mandated database and, yes of course, completely eliminate the partisanship and favoritism of his Democratic predecessor.

    From Ghana and Malaysia also come stories that show up under a Google News search for “voter database.” The Ghanian Chronicle editorializes in favor of a national ID system because the database would help keep foreigners out of protected businesses and also be useful as a tool for voter registration.

    In Malaysia we can see the future coming. They have a national ID system with 20 million fingerprints on file, enabling 12,000 searches per day to confirm that people are who they say. The story about AFIS (or Automated Fingerprint ID Systems) doesn’t say where Malaysia keeps its server. Makes us want to fiddle with a Lyle Lovett song: “That’s right, it’s not in Texas, but Texas wants it anyway!”

    With the trajectory of technology and power pretty clearly headed in the direction of databases, whether Texas-based or not, progressives will need a better slogan than STOP! So here’s what we propose: no identification without registration. Probably that needs to go to Jim Hightower for a rewrite, but the idea is that if the state is going to be able to database everyone, then it ought to abolish the need for voter registration altogether. To Be is to be Registered to Vote. And yes, that means prisoners, too.

    Note: *list of Photo ID states corrected Apr. 2.