Feds to Open New Supermax Prison Cells at “Gitmo North”

February 8, 2013 By 6 Comments

thomsonEven as it announces a review and reduction of its solitary confinement practices, the U.S. Bureau of Prisons confirmed to Solitary Watch that a newly acquired prison ln Illinois will hold federal prisoners in supermax conditions. “Thomson will be a high security prison holding inmates with various security needs, including SMU and ADX type inmates,” said BOP spokesperson Chris Burke in an email.

Thomson is the unused prison that the federal government recently bought from the state of Illinois. ADX, the notorious federal supermax in Florence, Colorado, holds its prisoners in 23-hour-a-day isolation and near-total sensory deprivation. Federal SMUs, or Special Management Units, such as those found in Lewisburg Penitentiary in Pennsylvania, hold their prisoners in round-the-clock lockdown in two-person cells. Both are forms of long-term isolated confinement, and both have been denounced by human rights and prisoners rights groups as an inhumane and ineffective form of punishment, sometimes amounting to torture.

The revelation of the BOP’s plans to introduce new supermax cells at Thomson comes on the heels of an announcement that the Bureau has agreed to undergo a “comprehensive and independent assessment of its use of solitary confinement in the nation’s federal prisons.” The assessment, to be conducted by the National Institute of Corrections (an agency of the BOP), will reportedly be oriented toward reducing the population of “segregated” prisoners in the federal system.

In recent months, according to Monday’s announcement, the BOP has already “reduced its segregated population by nearly 25 percent. In addition, it has closed two of its Special Management Units, a form of segregated housing, due to the reduction in the segregated population.” Prior to the reported reduction, the BOP held more than 11,000 prisoners in some form of isolated confinement. Thomson is built to house 1,600.

When asked by Solitary Watch why the BOP needed to build new supermax cells despite reducing its segregated population, spokesperson Chris Burke replied: “The reduction in our special housing unit population does not lessen the need for these beds.  The Bureau of Prisons has not constructed any new ADX type units since 1994, when our population was only 85,000 (our current population is approximately 218,000).”

He continued: “‘Special Housing’ refers to units within our prisons where inmates are placed on a temporary basis as a result of misconduct or as a result of circumstances that warrant their separation from the general population.” The distinction suggests that Thomson will be used for long-term, sometimes indefinite segregation of the kind common in ADX and the SMUs–in other words, for the most extreme forms of isolated confinement.

The lucrative sale of Thomson to the feds was engineered largely by Illinois Senator Dick Durbin. The prison, in the northeastern part of the state, was built by the state of Illinois but never opened. The Obama Administration initially showed interest in Thomson as a possible stateside home for Guantanamo detainees (and it was quickly dubbed “Gitmo North“).

The sale was blocked for years by Congressional Republicans, even after the president promised that it would be used only for overflow from existing federal prisons, and not for prisoners from Guantanamo. But last fall, the administration made an end run around the Republicans on the House Appropriations Committee, and bought Thomson by presidential directive. “Finally, the Department of Justice this afternoon is going to present the $165 million check…for the transfer,” said Durbin on October 2, “At this point, the president had to intervene and do this directly. I hope people understand he’s doing it for his state.”

Ironically, Durbin, the Democratic Assistant Majority Leader, is also widely credited with drawing attention to the issue of solitary confinement and pressing for national reform. In June he chaired the first-ever Congressional hearing on the practice. According to Monday’s press release from his office: “In his hearing last year, Durbin emphasized the importance of reforming the way we treat the incarcerated and the use of solitary confinement in prisons and detention centers around the country. Following that hearing, Durbin has twice met with Bureau of Prisons Director Samuels to push for additional reforms and encourage a sufficiently robust assessment of the Bureau’s segregation practices.”

When asked about the fact that Thomson would include supermax cells, Durbin spokesperson Max Gleischman responded with the following statement: ”As the first member of Congress ever to hold a hearing on solitary confinement, Senator Durbin is committed to reforming America’s segregation policies and practices.  As a part of his efforts, Senator Durbin has met with the federal Bureau of Prisons (BOP) and continues to work with its director to reform BOP’s segregation policies and practices.  One important step in solitary confinement reform, and prison reform generally, is to reduce high rates of overcrowding.  The BOP’s acquisition of Thomson prison will greatly reduce this overcrowding crisis and Senator Durbin will work with BOP to ensure that all of its inmates are treated fairly and humanely.”

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Filed Under: featured posts, federal prisons, Illinois, lawsuits/litigation, psychological effects, solitary confinement, supermax prisons, torture Tagged With: , , , , ,

Federal Bureau of Prisons to Undergo Review of Solitary Confinement Practices

February 5, 2013 By 3 Comments
Cell at ADX federal supermax

Cell at ADX federal supermax

On Monday, the office of Illinois Senator Dick Durbin put out the following press release, announcing that the federal Bureau of Prisons (BOP) had agreed to submit to a review of its solitary confinement practices.

In 2010, a spokesperson for the BOP said that federal prisons held approximately 11,150 prisoners in some form of segregated “special housing.” This figure includes the 400 men held in ultra-isolation at the U.S. Penitentiary Administrative Maximum (ADX) in Florence, Colorado, which is currently the target of federal lawsuits claiming conditions there lead to mental illness and suicide, and violate the Constitution.

The planned review follows on the first-ever Congressional hearing on solitary confinement, held last June by a Senate Judiciary Subcommittee chaired by Durbin. It is described as a “comprehensive and independent assessment,” though it will be carried out by the National Institute of Corrections, which is an agency of the BOP.

Solitary Watch will report further on this story in the coming days, including the BOP’s assertion that it has already “reduced its segregated population by nearly 25 percent.”

DURBIN STATEMENT ON FEDERAL BUREAU OF PRISONS ASSESSMENT OF ITS SOLITARY CONFINEMENT PRACTICES

[WASHINGTON, D.C.] – Assistant Majority Leader Dick Durbin (D-IL) released the following statement today announcing that the Federal Bureau of Prisons has agreed to a comprehensive and independent assessment of its use of solitary confinement in the nation’s federal prisons. This first-ever review of federal segregation policies comes after Durbin chaired a hearing last year on the human rights, fiscal and public safety consequences of solitary confinement. Last week, Durbin and Bureau of Prisons Director Charles Samuels discussed the assessment, which will be conducted through the National Institute of Corrections.

“The announcement by the Bureau of Prisons that it will conduct its first-ever review of its use of solitary confinement is an important development,” Durbin said. “The United States holds more prisoners in solitary confinement than any other democratic nation in the world and the dramatic expansion of solitary confinement is a human rights issue we can’t ignore. I am confident the Bureau of Prisons will permit a thorough and independent review and look forward to seeing the results when they are made public. We can no longer slam the cell door and turn our backs on the impact our policies have on the mental state of the incarcerated and ultimately on the safety of our nation.”

In his hearing last year, Durbin emphasized the importance of reforming the way we treat the incarcerated and the use of solitary confinement in prisons and detention centers around the country. Following that hearing, Durbin has twice met with Bureau of Prisons Director Samuels to push for additional reforms and encourage a sufficiently robust assessment of the Bureau’s segregation practices.

Since Durbin’s hearing, the Federal Bureau of Prisons has reportedly reduced its segregated population by nearly 25 percent. In addition, it has closed two of its Special Management Units, a form of segregated housing, due to the reduction in the segregated population.

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Filed Under: federal prisons, politics of punishment, solitary confinement, supermax prisons Tagged With: , , , , ,

From BOP to CCA: Federal Prison Director Defects to Private Prison Company

June 7, 2011 By 4 Comments

Less than a month after retiring from his post as Director of the Federal Bureau of Prisons (BOP), Harley G. Lappin has been hired to a top positon at the nation’s largest private, for-profit prison contractor, Corrections Corporation of America (CCA). In a move that has gone virtually unnoticed by the press except on the business pages, Lappin, who had run the BOP since 2003, has been named CCA’s Executive VP and Chief Corrections Officer. According to a company press release, his responsibilities will include ”the oversight of facility operations, health services, inmate rehabilitation programs, [and] purchasing.”

Lappin announced his retirement in March, a few days before making public an earlier arrest on DUI charges in Maryland. In a memo apologizing to BOP employees, Lappin admitted to a ”lapse in my judgment…giving rise to potential embarrassment to the agency,” but he would not acknowledge any direct link between his arrest and his retirement. The announcement of his appointment to a leadership position at CCA came just over three weeks after his effective retirement date of May 7.

Taking advantage of two concurrent 30-year trends–toward mass incarceration and toward privatization of government services–CCA has grown to a $1.6 billion company that operates 66 facilities in 20 states, with approximately 90,000 beds. It has become notorious for its poor treatment of prisoners, and for numerous preventable injuries and deaths in its prisons and immigrant detention centers. About 40 percent of CCA’s business comes from the federal government, including Immigration and Customs Enforcement as well as the Bureau of Prisons. As BOP director, Lappin would have overseen government contracts with CCA worth tens of millions of dollars. CCA spends approximately $1 million annually on lobbying on the federal level alone.

A press release from the invaluable Private Corrections Working Group notes that Lappin’s quick trip through the government-to-industry revolving door is hardly unique in the Bureau of Prisons’ history: “Lappin joins another former BOP director already employed with CCA, J. Michael Quinlan, who was hired by the company in 1993. He retired as director of the BOP in 1992, several months after settling a lawsuit that accused him of sexually harassing a male BOP employee. While settling the suit, Quinlan denied allegations that he made sexual advances to the employee in a hotel room.”

In addition there’s the case of the recently appointed head of the U.S. Marshals Service, Stacia Hylton, who was until 2010 the Federal Detention Trustee. In between serving in these two high-ranking government positions, Hylton worked as a consultant for the GEO Group, the nation’s second largest private prison contractor. During Hylton’s tenure, the Office of the Federal Detention Trustee gave several contracts to GEO; and the U.S. Marshals Service, like the BOP, houses federal detainees in privately owned prisons, including some run by GEO.

“Federal ethics rules do not prohibit former high-ranking employees such as Lappin and Hylton from working for private companies, even when those companies contract with the same federal agencies where those former officials were employed,” the Private Corrections Working Group points out. ”An Executive Order issued by President Obama restricts appointees from taking official actions that directly and substantially affect immediate former clients and employers; however, that ethics rule was not applied to Hylton and it has been waived for over two dozen other federal officials, according to a report by the U.S. Office of Government Ethics.”

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Filed Under: corrections industry, federal prisons, immigrants, politics of punishment, private prisons, solitary confinement Tagged With: , , , , , ,

No Budget Cuts for Federal Prisons

April 13, 2011 By 8 Comments

In the midst of an epic budget battle that could transform the American landscape for decades to come, the White House and Republicans in Congress appear to agree on one point: Federal prisons need more money.

With more people and a higher percentage of the population locked up than any other country, the United States would seem more than ripe for cuts in both its incarceration rate and its prison spending. A number of states have initiated such measures, and a growing chorus of critics on the right and left are decrying the devastating fiscal costs of mass incarceration. Yet the Obama Administration’s combined budget requests for FY 2011 and FY 2012 call for a full 10 percent increase over 2010 levels in funding to the federal Bureau of Prisons, to more than $6.8 billion. The increase, says the BOP, is necessary to accommodate a still-growing federal inmate population. And the latest budget deal reached with Republican leadership indicates that this particular category of discretionary spending will emerge from the budget battles comparably unscathed.

There is ample precedent for an expansion of federal prisons under a Democratic administration. According to analyses by the Sentencing Project and the Pew Center on the States, the growth rate in the BOP’s population has far outstripped that of the states (which itself has increased by than 700 percent in the past 40 years). Federal growth was most dramatic during the Clinton years, when a host of new offenses were federalized: Since 1995 alone, the number of federal inmates has more than doubled, to over 211,000. More than half of these prisoners are serving time on drug charges, and another 10 percent are held on immigration violations. In all, more than 72 percent are nonviolent offenders with no history of violence, and 34 percent are first-time nonviolent offenders.

What’s more, the federal government is now bucking a state trend toward decreasing inmate levels and closing prisons. The Pew Center found that in 2009, in the wake of the financial crisis, the overall state prison population fell for the first time in 38 years. States as tough on crime as Texas, Georgia, and Florida are now pushing reforms that range from lighter sentences to early release programs—all under the leadership of Republican governors. In contrast, the BOP population continues to rise, with an increase of 11,000 projected this year, according to Attorney General Eric Holder.

No wonder, then, that federal prisons are overcrowded, and the government is still opening new ones. According to the Justice Department’s FY 2012 budget request for the Bureau of Prisons:

The biggest challenge facing the BOP is managing the ever increasing federal inmate population and providing for their care and safety, while maintaining appropriately safe and secure prisons required to ensure the safety of BOP staff, inmates, and surrounding communities, which is why the requested base resources for BOP’s operations budget (S&E) and for modernization and repair are vital.

BOP anticipates finalizing the construction of Federal Correctional Center (FCI) Aliceville, AL, a secure female facility in FY 2012. This facility will add 1,792 more beds to rated capacity. Assuming the requested FY 2012 funding is received, the BOP will begin the activation process of FCI Berlin, NH and the acquisition and renovation process of administrative maximum U.S. Penitentiary (ADX USP) Thomson, IL. If realized, FCI Berlin, NH will add 1,280 beds and ADX USP Thomson, IL will be activated as a federal institution and add up to 1,600 high security cells after modifications.

The “activation” of the new ADX (“administrative maximum”) prison in 2012 depends upon the purchase of that prison in 2011 from the state of Illinois, and its retrofitting as a federal supermax. This has been by far the most controversial facet of the BOP’s future plans, since the new ADX in Thomson was originally proposed as a new home for Guantanamo detainees.

Obama’s plans to close Gitmo and move its residents to the American mainland were stymied by Congress, but the White House decided to buy Thomson nonetheless. In a letter sent just last week, Eric Holder assured Illinois’s Democratic Senator Dick Durban and Republican Senator Mark Kirk that “consistent with current law, we will not transfer detainees from Guantanamo to Thomson, or otherwise house Guantanamo detainees at Thomson. The Thomson facility would only house federal inmates and would be operated solely by the Bureau of Prisons.”

What the White House is calling for, then, is the creation of a second federal supermax on the model of the notorious Florence ADX in Colorado—a place where solitary confinement has been raised to a torturous art, and inmates seldom, if ever, see another human being. Conditions at this “Alcatraz of the Rockies” are so harsh that the European Court of Human Rights is currently refusing to extradite terrorism suspects to the United States lest they end up in ADX. Yet this new prison has also become the centerpiece of Obama’s plans for prison expansion. The letter from Holder to Durbin and Kirk continues:

As you know, the Department wishes to acquire the Thomson facility in order to provide critically needed high security bed space for the federal Bureau of Prisons. The current population of high security federal penitentiaries is 51 % above rated capacity, and continues to grow…I appreciate your leadership in addressing the dangers of prison overcrowding, and in fostering community support for the federal government’s acquisition of this unused state facility.

The President’s FY11 budget requested $237 million for the acquisition, renovation, and operation of the Thomson facility. However, under the FY11 Continuing Resolutions, the Department lacks sufficient money to purchase or activate Thomson using currently available funds. We look forward to working with you to obtain additional appropriated funds for this important and needed project.

So far, this new prison remains a sticking point in the latest budget deal. With $6.3 billion for the BOP, it includes much of the other prison funding requested by the White House, and represents a significant increase over 2010 levels. But it is still $239 billion below the White House’s 2011 request, and doesn’t contain funding for the Thomson purchase. Durbin and Kirk have not given up on the plan, however, and will continue pressing the Justice Department to come up with funds to finance the new prison.

The BOP’s standing in the House Republicans’ 2012 budget proposal is less clear. Budget Chair Paul Ryan’s ”Path to Prosperity” calls for more than $10 billion in cuts to programs that fall under the broad spending category “Administration of Justice.” The plan is more of a manifesto than an actual budget, and it doesn’t specify where these cuts should be made—though history would suggest that civil rights prosecutions and the like would be more obvious targets for Republican cuts than prison spending. In another rare show of bipartisan unity, House Judiciary Committee Chair Lamar Smith (R-TX) and ranking member John Conyers (D-MI) have already joined in writing to the House Budget Committee, warning them against making cuts to federal law enforcement in 2012.

What belies all this agreement on increasing federal prison spending is a bipartisan trend, growing over the past several months, that calls for precisely the opposite. Fall 2010 saw the birth of the group Right on Crime, spearheaded by the likes of Newt Gingrich, Grover Norquist, and Ed Meese, making the “conservative case for criminal justice reform”—including a reduction in prison populations. Norquist also joined the NAACP last week to endorse its Smart and Safe Campaign for criminal justice reform, and publicize its new report Misplaced Priorities: Under Educate, Over Incarcerate. Another recently formed coalition, calling itself Smart on Crime, brings together the Heritage Foundation, Manhattan Institute, and Prison Fellowship with the Innocence Project and the ACLU. Smart on Crime advocates for criminal justice reforms that are “fair, accurate, effective, proven, and cost efficient,” and makes a particularly sharp critique of the “overcriminalization of conduct” and “overfederalization of criminal law.”

What think tanks and pundits do, of course, is quite a different matter from what elected officials are willing to undertake. Few politicians will risk being declared “soft on crime” in the next election. And in the end, the generous funding for prisons makes a grim kind of sense, in the context of a budget that slashes education, health care, and social services: A country that can’t spare the funds to properly educate its children or care for its sick, poor, or unemployed is destined to remain an incarceration nation.

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Filed Under: cost/budget issues, federal prisons, legislation, politics of punishment, sentencing, solitary confinement, supermax prisons Tagged With: , , , , , , , , , , , , , ,