Can imprisonment rehabilitate?

 From Our Friends at the Grits For Breakfast Blog

The US Supreme Court yesterday held in Tapia v. United States (pdf) that federal law "does not permit a sentencing court to impose or lengthen a prison term in order to foster a defendant’s rehabilitation" in federal cases. (See SCOTUSWiki's case backup page, Doug Berman's first-take analysis here, and coverage from the Los Angeles Times, the Sacramento Bee, McClatchy Newspapers, and UPI.)

The defendant had been sentenced to the Bureau of Prisons with a recommendation that she participate in the Residential Drug Abuse Program (RDAP), but Ms. Tapia argued that the terms of the sentence (a lesser sentence for completing a rehabilitation program," violated a Congressional command that judges “recogniz[e] that imprisonment is not an appropriate means of promoting correction and rehabilitation.” Justice Kagan's opinion declares that "A court does not err by discussing the opportunities for rehabilitation within prison or the benefits of specific treatment or training programs." And a footnote mentions that “Congress did not intend to prohibit courts from imposing less imprisonment in order to promote a defendant’s rehabilitation.” But in this case, wrote Kagan, "the record indicates that the District Court may have increased the length of Tapia’s sentence to ensure her completion of RDAP, something a court may not do."


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The Central unit debacle continues

Central Prison Unit/ Houston Chronicle Photo

By Tonya Peters, Backgate Website

After news was released here that TDCJ would be closing the doors of the 102 year old Central prison unit in Sugarland, there has been little or no other information offered to it's staff. Although the agency states that the unit will not be funded after August 31st, the actual "final call" will be as late as December according to what some agency administrators are saying. Employees residing in state housing at the unit are said to have been given an August 31st deadline to be out of their houses. Those employees will then remain in limbo until they are transferred to other units in the area and beyond.

Many employees we spoke with are aggravated that the agency has not opened up positions in Region III for them to apply for. There are no security related jobs posted in Region III as of today. Being unable to apply for internal positions and not knowing when they will be released to transfer is taking a toll on some staff members we are told. The only two positions verified as being administratively moved to other units as Central closes are the unit Major and Captain. Others still have not been addressed.

Another employee we spoke to via email stated " We personally have small school age children that will need to be enrolled in school somewhere prior to August 31st. School starts the week before that and at this point none of us with families know where we will end up. We understand the issue wasn't created by TDCJ, and all we ask is that we know something soon so we can make arrangements and continue on with our lives."

This seemed to be the general consensus in the dozens of emails we received regarding the Central unit's closure. Employees weren't displacing blame on the agency for the closure. Only aggravated that no one in an administrative position has addressed the issues surrounding the closure and the plan as to where employees will be able to transfer to and when.

TDCJ Windham schools facing cutbacks today

By Michael Williams, Backgate Website



News spread like wildfire yesterday that as of 10 AM this morning, 75 or more Windham TDCJ school teachers would receive reduction if force (RIF) letters basically laying them off. This action comes after the Legislative session ended with lawmakers still unable to fill critical gaps in the budget. Windham, which is technically the largest school district in Texas, has stated that principals may also become involved in the reductions at some point as well. "The next few months will be critical for the district" said one Windham administrator. Lets hope it doesn't reach too far. 

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Private Prison Promises Leave Texas Towns In Trouble

by John Burnett

The country with the highest incarceration rate in the world — the United States — is supporting a $3 billion private prison industry. In Texas, where free enterprise meets law and order, there are more for-profit prisons than any other state. But because of a growing inmate shortage, some private jails cannot fill empty cells, leaving some towns wishing they'd never gotten in the prison business.

It seemed like a good idea at the time when the west Texas farming town of Littlefield borrowed $10 million and built the Bill Clayton Detention Center in a cotton field south of town in 2000. The charmless steel-and-cement-block buildings ringed with razor wire would provide jobs to keep young people from moving to Lubbock or Dallas. For eight years, the prison was a good employer. Idaho and Wyoming paid for prisoners to serve time there. But two years ago, Idaho pulled out all of its contract inmates because of a budget crunch at home. There was also a scandal surrounding the suicide of an inmate. Shortly afterward, the for-profit operator, GEO Group, gave notice that it was leaving, too. One hundred prison jobs disappeared. The facility has been empty ever since.

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TDCJ 'Going California'?: Prison health under-funded by nine figures

UTMB/ TDCJ  Hospital in Galveston

 From our friends at the Grits for Breakfast Blog

The big news in the corrections field recently has been the US Supreme Court's order for California to de-incarcerate its overstuffed prisons because of a failure to provide adequate healthcare. But Texas is setting itself up for the same type of situation with recently announced cuts to the prison health budget. Universities providing prison healthcare said prior to the 82nd Legislature that they weren't compensated for $57 million in healthcare services in the last biennium. The Legislature covered last year's shortfall in House Bill 4, but then they slashed another $71.5 million from prison healthcare over the next two years.

So if the last biennial budget was $57 million short and budget writers cut another $71.5 million without reducing the number of prisoners, the shortfall in the next two years - assuming the same levels of care - would run to $126.5 million, or around $800 per prisoner - a smaller reduction than earlier drafts of the budget but still around a 14% cut. In response, Grits commenters who work at TDCJ say thousands of clinic visits have already been canceled and operating room schedules have been reduced. While some of these services may not have been medically necessary, it's hard to imagine those levels of reductions without impacting actually needed services. As one commenter declared, "The system is clearly going California."

Even taking into account allegations by the state auditor that UTMB overcharged the state $37 million in the last biennium for services not covered under their contract, that's still nearly $90 million short of the amount needed to provide services that state officials already considered barely constitutional. (And notably, the state reimbursed universities for all the alleged overcharges, siding with UTMB over the state auditor.) A new $100 annual fee will replace $3 copays for inmates, but if there's no money in their commissary account they don't have to pay and nobody thinks it will remotely cover the shortfall. (UPDATE/CORRECTION: The bill to revamp inmate copays died unexpectedly on the last day but has been revived in the special session, reports the Statesman's Mike Ward.)


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Central prison unit tagged for closure, funding stops Sept 1st 2011, TDCJ admin still have not addressed employees.

By Tonya Peters, Backgate Website

The current staff members employed at the Central unit in Sugarland  will have until December 1, 2011 now as part of a new plan to shutter the 102 year old facility, but TDCJ administrators still have not addressed affected staff members with plans. Signed legislation red tagged the facility almost a month ago, and a statement the Backgate received from TDCJ spokesperson Michelle Lyons stated that the prison would not be funded past August 31, 2011. TDCJ has now stated that the facility has now begun the process of assisting employees find a new position within the agency, and even relocating employees housed in state supplied housing on the facility grounds.

Posted supervisory and other positions have been closed to allow Central unit staff members a shot at promoting out, or transferring out from the unit. A plan that may be too little to late in the eyes of some employees. During the legislative session, it was alleged by Central unit employees that the unit administration muzzled them and prevented them from speaking out publicly regarding the unit's closure. Allegations that TDCJ has denied. But now employees are speaking out regarding the lack of information, and lack of caring TDCJ has shown in dealing with the sensitive process of employees being forced to leave their homes and move there families out of the area. Employees have emailed us here stating that the administration has failed to pass along updates, information on relocating, or any other information to them as a whole since the ordeal began months back. Most have become frustrated and given up.

Many employees have grown roots in the Fort Bend County area near the facility and have expressed fear in being able to relocate their families to another area to continue there employment without driving long distances with high gas prices in place. It seems there needs to be more open communication and caring between TDCJ admin and the employees of Central. Updates need to be relayed to employees as it may affect there lives. It's not the fault of TDCJ why the facility is closing, but it's the fault of TDCJ that employees are having to reach out to the media for information that the agency should be supplying themselves.