$2 charge for jail calls put on hold

The Regulatory Commission of Alaska said it will investigate consumer complaints about a proposed $2 fee that an Alaska phone company plans to tack onto each local collect call made by inmates at state prisons, jails and halfway houses.

The agency said it received three complaints regarding the fee, which would be billed to people who accept the calls. General Communications Inc. had planned to start charging the fee Monday.

The RCA said it will allow GCI to begin charging the fee in mid-September. However, the company will have to refund the money if the investigation showed the fee is unjustified.

In an order issued Friday, the RCA commissioners said they have “significant doubt” that the $2 fee is reasonable.

One of the complaints came from Fred’s Bail Bonding in Anchorage, which claimed $2-per-call fee will cost Alaska bail bonding agencies roughly $84,000 a year. The bonding agencies typically receive about seven calls per inmate, and they bail out more than 500 inmates per month, according to the company’s Aug. 5 letter to the RCA.

Also, the fee would be harmful to inmates if private attorneys start declining their collect calls and it would create new costs for inmates’ family members, according to the company’s letter.

The RCA scheduled a 9 a.m. hearing Sept. 11 and will accept public comments about the fee until Sept. 29. The hearing will be in the RCA’s East Hearing Room, in the Conoco Phillips building at 701 West Eighth Ave., Suite 300.

source: http://www.adn.com/news/alaska/story/511507.html

10 charged in beating of Floyd inmate

Police have charged 10 Floyd County inmates — including a former social worker — with severely beating an inmate who pleaded guilty early this month to sexually abusing a minor.

Terry Fisher, 44, is unresponsive and bleeding from his brain at Cabell Huntington Hospital in West Virginia, where he has been since the beating more than two weeks ago, said Prestonsburg Police Detective Steve Little, who is investigating the incident.

Jail officials thought Fisher, of Wheelwright, was having a seizure when they found him lying in his cell just after midnight on Aug. 10, Little said. When they went to help him, however, they realized he had been beaten.

Little said inmates attacked Fisher because he was charged with sexual abuse of a minor. Fisher pleaded guilty on Aug. 5 to third-degree unlawful transaction with a minor and third-degree sexual abuse, according to court records. The age of the minor wasn’t immediately available.

Inmates attacked Fisher with their hands and feet, Little said.

Jailer Roger Webb said Fisher was separated from the typical jail population and placed in an area of the jail with inmates who are charged with similar crimes. However, the jail also places informants and other inmates charged with abuse in that area of the jail.

Fisher has a feeding tube and a tracheostomy tube, which creates a direct airway opening through the neck into the windpipe, Little said.

Charged with first-degree assault are: Ivan Gunnels of Floyd County; Matthew Ritchie of Garrett; Stephen Jervis of Endicott; Michael Rolan and Kevin L. Woods of Allen; Larry T. Adkins II of Louisville, and Christopher Newsome of Harold.

Newsome was a social worker in Floyd County before he was arrested for fraudulent use of credit cards, Little said.

First-degree assault is a Class B felony punishable by 10 to 20 years in jail.

Charged with fourth-degree assault are: David L. Johnson of Wayland; Ronald E. Spurlock of Waverly, Ohio, and Kenneth J. Paige of McDowell.

Paige, Woods, Rolan, Jervis, Newsome and Ritchie were arraigned in Floyd District Court Thursday. Paige entered a guilty plea and will be sentenced on Sept. 2. The remaining five pleaded not guilty. A preliminary hearing will be held on Sept. 2 at 1:30 p.m.

Police have not yet arrested Johnson, Spurlock, Gunnels and Adkins. They were released from jail before charges were filed.

source: http://bluegrassbeat.bloginky.com/2008/08/29/10-charged-in-beating-of-floyd-inmate/

Family sues prison chiefs over inmate released to kill

THE mother of a woman killed by a prisoner on unsupervised leave has launched a landmark test case against prison bosses, blaming them for her daughter’s death.

Lawyers for Ann Thomson say the action could set a precedent in Scotland and is set to go to the Court of Session – the country’s highest civil court.

Catherine Thomson, 26, died after being stabbed in the neck at her family home by John Campbell, her boy-friend’s brother, in August 2005. The case was highlighted at a fatal accident inquiry when a sheriff ruled that the killing could have been avoided.

The family’s solicitor has now lodged a writ against the Scottish Prison Service (SPS) after receiving a letter in which the prison authorities said they had “no duty of care” towards the murdered woman.

Campbell, who was on unsupervised leave from Castle Huntly open prison, was arrested after the killing, but later plunged to his death from an upper gallery at Barlinnie prison in an apparent suicide.

Following the fatal accident inquiry into Ms Thomson’s death, Sheriff Thomas Millar ruled an assessment of the risk Campbell posed to the community should have been carried out before he was granted leave. The sheriff found that a series of failures led to the killing of Ms Thomson in Moodiesburn, Glasgow.

Cameron Fyfe, the family’s lawyer, raised a court action last week for £30,000 damages. He believes the test case will have implications for future victims of violent crime, setting out the responsibilities of the state.

“There is much at stake for the SPS because, if we win this case, it would allow any victim’s family to claim compensation if they were harmed by a prisoner who was released negligently.”

Claiming the authorities had washed their hands of responsibility over Ms Thomson’s death, he added: “Their solicitors are saying there is no legal duty of care to the public.

“I’m sure this will come as a surprise to many members of the public.

“If, for instance, they were to release a psychopath by mistake and he murdered a whole crowd of schoolchildren, they would not be responsible.

“They’re indicating that no-one is responsible.”

Campbell, 34, was serving an eight-year sentence for two offences of assault to severe injury and permanent disfigurement when he was granted unsupervised leave.

He was initially placed on a high supervision level when he was sentenced in August 2002. But his supervision level was wrongly reduced to medium at Kilmarnock prison within 12 months of his sentencing.

At a review in December 2004, Campbell’s supervision level was again wrongly reduced to low, making him eligible for unsupervised home leave when he was transferred to Castle Huntly, near Dundee.

When he was granted a four-day leave, he was dropped off in Glasgow city centre by Reliance officers, who had no idea where he was going. Three days later, he murdered Ms Thomson.

Lawyers for the Thomson family insist the case illustrates negligence on the part of the prison service.

Sheriff Millar said officers failed to carry out a fresh risk assessment on Campbell, as they assumed one had been done elsewhere and they were simply “rubber-stamping” it.

In his conclusion, Sheriff Millar stated: “Having regard to Campbell’s record, it was reasonably foreseeable that he would be involved in further violent offending on his release.

“His violent behaviour, which was predictable, was the cause of Catherine Thomson’s death. The reasonable precaution, whereby the death may have been avoided, would have been to carry out (an] assessment regarding risk to the community, and to put in place measures to minimise the potential risk.”

He added: “If no such measures were possible, then Campbell should not have been released.”

The case brings into sharp focus concerns about violent prisoners being moved to open prisons. There were accusations that the jails, which have a more relaxed security regime and allow inmates home leave, were being run as “holiday camps” and as a pressure valve for overcrowded jails.

Examples include that of Robert Foye, who was halfway through a ten-year sentence for attempting to murder a police officer in 2002 when he absconded from Castle Huntly and raped a 16-year-old girl.

He had been sent to the open prison despite being classed as at high risk of reoffending and having previously gone on the run from the jail.

Last night, Clive Fairweather, the former chief inspector of Scotland’s prisons, raised concerns about unsuitable prisoners being eligible for the open prison regime. He said the growing issue of overcrowding and prison numbers – which have exceeded 8,000 for the first time – was having a huge impact.

He said: “There is no question that over the past five years there has been huge pressure to send more and more people into open prisons.

“There is a duty to keep the public safe. The service has a duty to take all reasonable steps to make sure risk to the public is minimised.

“The prison numbers have gone up and the staff numbers have gone down, which means no-one is doing their job properly. The staff are rushing around and so risk assessments are not nailed down.”

The issue of overcrowding is a political minefield for the Scottish Government. The Scottish justice secretary, Kenny Mac-Askill, has pledged to reduce the prison population, but last week prison numbers broke through the 8,000 barrier.

Politicians are walking a fine line between ensuring public safety and tackling burgeoning prison numbers. Critics say the opening of Addiewell prison, due by the end of the year, will do little to ease the pressure.

A recent report revealed that Scotland is third in a European league of prison overcrowding, behind Spain and France.

A spokesman for the Scottish Prison Service said the matter was in the hands of lawyers and it would be inappropriate to comment on the case at this stage.

Caroline Thomson, Catherine’s sister, said the family were bringing the case to protect the public.

She said: “The Scottish Prison Service was to blame for Catherine’s death and they should be brought to account for that.

“Nothing will bring Catherine back but we need to take a stand because it may prevent another tragedy from happening to someone else.”

How the system failed Catherine Thomson

Aug 2002: John Campbell, left, sentenced to eight years for two offences of assault to severe injury and permanent disfigur-ement. He is placed on HIGH risk level in jail

2003: Supervision level is wrongly reduced to MEDIUM at Kilmarnock Prison, above. This is the FIRST basic error

December 2004: Review again wrongly reduces supervision level, this time to LOW. It makes him eligible for unsupervised home leave on transfer to open prison. This is the SECOND basic error

2005: Now in Castle Huntly open prison, right. Officers fail to carry out a fresh risk inquiry. Home leave is rubber-stamped. This is the THIRD basic error

19 August, 2005: He is dropped off by Reliance officers in Glasgow city centre. Then just three days later …

22 August, 2005: Campbell stabs Catherine Thomson to death at her family home, above

BACKGROUND

WHILE the bereaved family of Catherine Thomson demand justice for their loss, dozens of inmates continue to sue the authorities.

The European Convention on Human Rights, dubbed the chancer’s charter, has resulted in a number of bizarre challenges from prisoners.

There was a public outcry in October 2000 when a murderer challenged against the Scottish Prison Service, claiming he was entitled to an employment contract for the work he did in jail. Philip Garden demanded the same rights as other workers, including a “proper rate of pay” and benefits such as holidays.

Convicted armed robber Robert Napier, then 25, was awarded £2,450 in compensation in April 2004 after claiming that slopping out breached his human rights.

In March 2007, Stewart Potter, 43, from Glasgow, jailed for 21 years for assault and robbery, won a legal challenge after he claimed a recorded message on phone calls was an invasion of privacy and breached his human rights.
source: http://news.scotsman.com/latestnews/Family-sues-prison-chiefs-over.4442453.jp

Audit blames Corrections for jail escapes

Last September’s Daggett County jailbreak is just one of five escapes that might have been prevented had the Department of Corrections properly managed a prison-sharing contract with county jails.
    That’s according to a new legislative audit that lambastes Corrections for, among other things, learning of security problems at the Daggett County Jail in 2000, but failing to correct them for seven years.
    During that time, five inmates escaped the jail – three in 2004 and two in a 2007 incident in which two convicted murderers walked out of an unlocked door, climbed a fence with no alarm and disappeared for five hours before anyone realized they were gone.
    Those two men were captured by Wyoming authorities after six days on the lam, but not before they bound a man with duct tape at knife point and stole his vehicle.
    Lawmakers on Wednesday morning heard an overview of the 60-page report, which ultimately recommends that Corrections repair its broken contract system, which houses state prisoners at county jails.
    The report points to five jailbreaks and three major operational issues over the past four years, which include an August 2007 Garfield County case in which an inmate convicted of manslaughter escaped by climbing into the storage bins of a school bus that was being washed at the jail.

No action has been taken by Corrections officials to address the improper search and supervision issues at the Garfield jail that led to the escape, according to the audit.
    The legislative audit quotes a Department of Corrections internal audit that acknowledges: “It appears poor contract standards and deficient oversight have become the accepted norm for doing business.”
    Additionally, before the three escapes in late 2007, Corrections had no standards about which inmates were eligible for the jail program.
    Now, first-degree felons are ineligible for the jail-sharing program, as well as inmates who have attempted an escape in the past five years and those who have been convicted of a loss-of-life crime.
    Although language in the audit unmistakably blames the Corrections contract process, House Speaker Greg Curtis, R-Sandy, defended the state, noting that jail operations are local government functions. He questioned whether counties would appreciate state officials showing up and telling them how to run their jails.
    “Do we need to change the statutes and tell counties how to operate their jails?” Curtis asked auditors.
    One auditor responded that the state could use contractual requirements to boost security at county jails. He said counties do not have to participate in the state’s prisoner-share program, and eight counties – including Salt Lake and Utah counties – are not part of the program.
    But Curtis said that if the state were to pull its prisoners from Beaver County, where 370 of 400 beds are occupied by state prisoners, it could bankrupt the county jail.
    “We would have to step in and either run or buy that facility,” Curtis said.
    Executive Director of Corrections Tom Patterson lauded the audit and said his department has been working to change many of the highlighted issues since he was appointed in January 2007. He said the state can cooperate with county governments without any statutory changes.
    “We’re all shooting for the same goal,” Patterson said. “Jointly, we can set minimum standards that could meet our expectations.”
    Patterson said the negative points brought to light in the report are indicative of transition. The audit indicates many of the problems were inherited by the current administration.
    As far as specific contractual fixes, the report calls on Corrections to implement performance measures and establish a grading criteria for county facilities. It also encourages better monitoring of county compliance and improved follow-up and enforcement strategies.
    A Corrections news release on Wednesday said the department agrees with every recommendation in the audit, and officials expect to complete the majority of the fixes before many of its contracts with various counties expire in 2009.
    sgehrke@sltrib.com
   
   
    Problems revealed by audit
    A Legislative audit blames eight security or operational problems since 2004 on the Department of Corrections’ inadequate management of jail contracts.
   
    * A state inmate, convicted of rape and kidnapping, escaped from Beaver County Jail in October 2007.
    * Two state inmates convicted of murder escaped from Daggett County Jail in September 2007.
    * A state inmate, convicted of manslaughter, escaped from Garfield County Jail in August 2007.
    * Washington County Jail staff sexually exploited two female state inmates over a five-year period. The violation was discovered in March 2006.
    * Three county inmates escaped from the Daggett County Jail in July 2004. The trio went through an unsecured kitchen door and over an unmonitored perimeter fence. One inmate returned with drugs, resulting in 11 state inmates obtaining and using methamphetamine.
    * A state inmate, convicted of aggravated robbery, escaped from the Duchesne County Jail in July 2004.
    * Multiple fire, life and safety violations in some county jails were repeatedly identified but not corrected.
    * A Corrections-mandated inmate-to-staff ratio was challenged by one county, and the vagueness of the jail contract did not allow Corrections to enforce its staff ratio.
    The Department of Corrections contracts with 21 counties to send 1,200 of its 6,500 state prisoners to community jails.
    The inmate-sharing effort is, in part, intended to free up beds at Utah State Prison facilities.
    Corrections has extra space available at its Draper and Gunnison facilities and is about to expand its capacity. But Corrections continues to participate in inmate sharing, it says, to bolster the financial security of county jails.
    During the 2008 session, legislators gave Corrections $24 million for its 2009 fiscal year.
    The state pays $45 per prisoner each day to house inmates in county facilities, compared with $70 at state prison facilities. That means the state is saving $30,000 per day through the jail contracting program.

source: http://www.sltrib.com/News/ci_10321428

Probe into Fulton inmate abuse is expanded

Wider investigation comes in wake of beating death

By RHONDA COOK

The Atlanta Journal-Constitution

Wednesday, August 27, 2008

The
FBI has extended its investigation into claims of inmate abuse at the
Fulton County Jail to include an Aug. 9 incident when officers
allegedly beat an inmate who was in handcuffs and leg chains, a
spokesman said Tuesday.

FBI spokesman Steve Emmett declined to give details beyond
confirming the bureau’s investigation of possible inmate abuse had
expanded to include the case of Christopher Trammell, who was injured
in the beating. The FBI already was looking into whether jailers beat
another inmate, Richard Glasco, so badly he died from his injuries last
March.

Spokeswoman Sgt. Nikita Adams-Hightower said the Fulton County
Sheriff’s Office, which runs the jail, will cooperate with the FBI
investigation and “give them anything they need.” She declined to
release details of the incident because there also is an ongoing
internal investigation.

Riley Taylor, the auditor for a federal judge who has ordered
improvements at the jail, said Trammell, being held on aggravated
battery and car theft charges, punched a lieutenant who tried to
intercede in a dispute between the inmate and a female detention
officer. Trammell, 27, was injured when the lieutenant subdued him.

Several other officers allegedly attacked Trammell in a treatment
room where he was waiting to be taken to the hospital, Taylor said,
answering questions at the behest of Judge Marvin Shoob.

Adams-Hightower said no officers have been disciplined or reassigned.

Macomb jail guards cleared in 2004 death

Guards at the Macomb County Jail can not be held liable in the 2004
death of a man who was locked up for failing to pay child support, a
federal appeals court ruled Thursday.

The U.S. 6th Circuit
Court of Appeals overturned a ruling by a federal judge in Detroit and
granted qualified immunity to six jail officers in a lawsuit brought by
the family of Charles Kevin Jones.

The appeals court said there
was no evidence the guards were deliberately indifferent to the medical
needs of Jones, who died after suffering a severe asthma attack while
serving a 35-day sentence at the jail.

The federal lawsuit in Detroit can continue against two nurses who worked for a jail contractor, the appeals court ruled.

Police still searching for missing KY inmate

source: 14 WFIE, The Tri-State’s News Leader: Police still searching for missing KY inmate

Police still searching for missing KY inmate

EVANSVILLE, IN (WFIE)-Update: The manhunt for an escaped Kentucky inmate continues in the Tri-State.

Take a good look at the mug shot to the right of the story, that’s 53-year-old John Alstatt.

Police say he and another inmate escaped from the Frankfort Development Center Monday night.

Alstatt is 6′3 with brown hair and blue eyes.

If you think you’ve seen Alstatt, you are asked to call 911 immediately.

Kentucky Officials say Alstatt has escaped once before, about 10 years ago.

By Liz Nichols – bio | email
Posted by Mike Mardis – email

EVANSVILLE, IN (WFIE) – Nick Maldonado headed out to work like any other morning, but this Tuesday, his day started off far from ordinary.

“I saw four sheriff’s (deputies) and a K-9,” Maldonado said. “I didn’t know what was going on.”

Maldonado would later find out local authorities apprehended an escaped inmate, 28-year-old Robert Fritz, just a couple blocks from his north Evansville home.

“You would never expect an escaped convict to be running around here,” Maldonado said.

Up the street, Carolyn Brenner stopped in at a northside daycare. She was shocked to find out they were on lock-down.

A deputy sheriff came in and told the owner what was going on and to keep the kids inside.

“You worry a little bit about them coming in here and upsetting the daycare,” Brenner said.

Brenner later adds that the kids seemed more interested in lunch than what was going on outside.

Several school were put on alert Tuesday morning. The Evansville Vanderburgh School Corporation said, even with the search, they still tried to maintain a normal school day.

“We’re just monitoring who’s coming and going. We’re also keeping the doors locked, but we are not on a lock down,” Gerald Summers, EVSC Security, said.

Authorities are still looking for 53-year-old John Alstatt. He’s about 6′3″ tall, has brown hair and blue eyes. Please contact the police if you have seen him.

Posted by Amanda Lents – email

Update: FRANKFORT, KY (WFIE) – Two minimum-security inmates walked away from the Frankfort Career Development Center Monday night but at least one’s taste of freedom was short lived.

Robert Fritz, 28, and John Alstatt, 53, were reported missing at approximately 10:20 p.m., Monday.

Fritz was apprehended at around 6:45 a.m., Tuesday by Evansville police after crashing a truck that police allege he and Alstatt stole in Frankfort.

Alstatt fled the scene of the crash on foot and police are continuing the search for the inmate.

According to authorities, Fritz and Alstatt stole a truck from a business in the Frankfort area Monday night.

Evansville police located a vehicle matching the description of the stolen truck.

The same vehicle was later involved in a wreck and both of the inmate uniforms were discovered inside.

Fritz was arrested at the time of the crash and lodged in the Vanderburgh County Jail in Evansville.

Both inmates will face charges in connection with the Frankfort theft in addition to escape when they are returned to Kentucky.

Fritz was serving a 10-year sentence for charges out of Jefferson County for identity theft, fraudulent use of credit cards, criminal possession of a forged instrument, receiving stolen property and persistent felony offender.

His parole eligibility date was May 2009.

Alstatt was serving a seven-year sentence out of Henderson County for theft and persistent felony offender.

He would have served out his sentence in less than two months.

Alstatt is described as a 6′3″ white male with brown hair and blue eyes.

Anyone with information about this inmate is asked to contact Kentucky State Police at the Post 12 in Frankfort at 502-227-2221.

Update: EVANSVILLE, IN (WFIE) – The following schools will be affected by escapee search: Harwood Middle School, Thompkins Middle School, Stringtown Elementary School and Central High School.

Students and staff are being allowed in but once everyone is there the schools will be secured from the outside as the search for John Alstatt continues.

Previously: EVANSVILLE, IN (WFIE) – Evansville police have captured one jail escapee from Kentucky and are still looking for one more.

This all happened around 9:30 pm Monday after two men escaped from the Frankfort Career Development Center and headed to Evansville.

Dispatchers say police have been searching for the escapees, 29-year-old Robert Fritz and 53-year-old John Alstatt, throughout the night.

Dispatchers say Fritz was caught on First Avenue near Ivy Tech. Officers are currently searching an area near Harwood Middle School.

EPD Spokesman Steven Green considers the suspect dangerous, and advises residents in the area around Stratford and Sheridan to be on the lookout for anything suspicious.

Five Inmates Escape in Canada, Public Notification Delayed

Source:

Five Inmates Escape in Canada, Public Notification Delayed – DigitalJournal.com: The Power of Citizen Journalism

Five inmates, considered violent, escaped from a Saskatchewan prison, but the public notification was delayed by at least 15 hours.
Six prisoners broke out of the Regina Correctional Centre on Sunday night. One was caught shortly after the other five are still on the loose.

The Saskatchewan’s minister of public safety has ordered an investigation to determine why 15 hours passed before authorities alerted the public about a prison break by six inmates.

The escapees are described as dangerous and possibly armed and a Canada wide warrant has been issued.

The escapees couldbe anywhere as the prison is located near the Trans-Canada Highway.

“We’ve got a pretty big country. They could be just about anywhere,” said RCMP Sgt. Doug Coleman.

The five escapees are Ryan John Agecoutay, 25, Preston Clarence Buffalocalf, 22, Cody Dillon Keenatch, 19, James Joseph Pewean, 25, and Daniel Richard Wolfe, 32.

Apparently, the men escaped by pulling a vent off a wall, crawling into it and then kicking their way through an exterior brick wall. The brick wall did not have any reinforced concrete or rebar.

Of the five escapees, one is charged with two counts of murder and three face attempted murder charges in connection to shootings during a violent home invasion last year.

Corrections, Public Safety and Policing Minister Darryl Hickie found out about the escape earlier than the public, about 7 a.m. CT. The public was not alerted for another six hours.

“I believe that in this case, it sure would seem to me that the most critical thing to do would have been to inform the public at first time [in the morning] to ensure that people were aware of this,” Corrections, Public Safety and Policing Minister Darryl Hickie said.

Police say it took time to gather information, co-ordinate a police response and ensure they were making the right names public.

“We have to always ensure people’s rights are protected. So, that we do want to make sure we have the right people missing,” said Coleman.

The officials may have many urgent tasks following an escape, but public safety should be a priority.

Former DOC officer: ER shooting could’ve been prevented

COLUMBIA, SC (WIS) – A woman is on life support after police say she grabbed a gun from a Department of Corrections officer at Palmetto Health Richland and shot herself.

Our efforts to learn more about what happened inside the hospital did not go to far. Both the hospital and the department of corrections are not releasing many details.

WIS was able to talk to a former corrections department employee who said the shooting could have been prevented.

Police say a patient at Palmetto Health Richland grabbed a gun from a corrections officer, Tradena Raynor.

Before anyone could react, the patient shot herself in the head.

The sequence of events left the woman on life support and Craig Baxley in disbelief.

“It was a major breakdown, it should’ve never happened,” says Baxley.

Baxley is a former major with the Department of Corrections, now retired.

Baxley couldn’t believe it was a DOC officer at the hospital with an inmate Tuesday who police say had the gun ripped right from her holster moments before the shot was fired.

“If the training was there and the weapon was in the right holster, it would’ve never have happened,” says Baxley.

DOC is not really offering any explanation at this point, other than saying it’s meeting with hospital officials to review policy.

Whatever that policy is, Baxley says it isn’t what he remembers.

Doc tells WIS Officer Raynor did five weeks of basic training and is certified to carry a firearm and transport inmates.

Corrections spokesman Josh Gelinas told us Raynor was carrying a “Level I” holster, as opposed to the newer, more secure “Level II” holsters.

“While it may not have changed this outcome, as a result of this incident we are evaluating our use of Level I security holsters,” said Gelinas. “Also today, Palmetto Health agreed to create a separate waiting area for our inmates.”

“While no policy can protect against every possibility, we will continue to review our policies and procedures,” Gelinas said.

For the record, Craig Baxley is correctly suing State Prison Director Jon Ozmint on unrelated accusations.

source:   http://www.wistv.com/global/story.asp?s=8911846

Guard survives Iraq, dies on job at U.S. prison

ATWATER, California (CNN) — Jose Rivera survived two tours of duty in Iraq, but his job as a corrections officer at a high-security federal prison in California cost him his life.

Jose Rivera was guarding 100 inmates when he was stabbed to death at a federal prison in California.

1 of 3

Two inmates using a homemade shank are accused of stabbing Rivera to death in June at the United States Penitentiary in Atwater, California.

The inmates — Jose Sablan, 43, and James Guerrero, 40 — were indicted in August and charged with murder. They have not entered a plea.

“It was two against one, you know, and no one helped him,” said Rivera’s mother, Terry. “I didn’t think that it would happen, but it was not safe for him to work there.”

Rivera was 22 and had been in his job at the 960-plus inmate prison for just 10 months when he died.

He was alone guarding about 100 inmates at the time of the attack and had a radio to call for backup in case of trouble. He didn’t have what many guards in California’s state prisons routinely count on: pepper spray, a protective vest and a collapsible baton. Watch how Rivera’s death has ignited debate on guard security »

Federal officers are not allowed to have those items.

CNN asked the federal Bureau of Prisons why it opposes giving its corrections officers nonlethal weapons. In a statement, the bureau said that the issue is under review and that no final decisions have been made.

“However,” the bureau added, “we also know through 75 years of experience that federal correctional facilities are managed most effectively through frequent and direct communication with inmates.”

“I would call that unproven,” said Chad Trulson, a criminal justice professor at the University of North Texas who has studied prison issues. “I don’t think that will diminish their communication at all” by giving officers these weapons.

He added that although non-lethal weapons would do little to stop inmates already inclined to attack, they would “make a world of difference” for the officers’ safety.

Rivera’s death has generated support for more protective gear and nonlethal weapons for federal corrections officers and has brought nationwide attention to the threats facing them, according to guards and their union officials.

One officer who has worked for several years at Atwater, where Rivera was killed, said he feels threatened every day. Unless the federal government provides additional protection, he said, he’s thinking about leaving the job.

The officer requested that his name not be used because he fears retaliation. He recounted how a fellow corrections officer’s jaw was broken in nine places in an inmate attack last year.

“Every single inmate in there is armed to the teeth for his own protection,” the officer said. “I am not Bruce Lee, so I can’t take on 110 inmates by myself. … Every day, it is like David vs. Goliath. You are taking on the world by yourself.”

Prisoners make shanks like the one used to kill Rivera and other weapons from otherwise benign objects: toothbrushes, toilet parts, cookie sheets, ice picks and kitchen utensils, to name a few. Gang rivalries exacerbate a volatile situation.

Gearing up isn’t the only solution, said union officials who represent the federal prison system’s 15,427 officers. The American Federation of Government Employees said the federal prisons are severely overcrowded and understaffed. On average, they are at 136 percent of capacity.

“The homicide rates among the inmate populations are at the highest levels they’ve ever been in the history of the Bureau of Prisons,” said Bryan Lowry, the president of the union’s prison councils. “The assaults on staff, whether weapons or no weapons, has intensified.”

More officers are needed to ensure safety in the federal prisons, which house 165,000 inmates, the union said.

The Bureau of Prisons said that 14 percent of its jobs are unfilled at its 114 prisons and that there is an “urgent need” for officers at several of the high security penitentiaries.

It is taking specific action at Atwater by offering a 17 percent recruitment incentive for new hires.

But the bureau disputed that violence toward guards is on the rise.

Federal officials said the rate of “serious assaults” on staff at penitentiaries has not increased over the past several years. But they said inmate assaults on both staff and fellow prisoners are more severe.

While not agreeing to provide officers with pepper spay or batons, the bureau said it has reviewed operations at 12 high-security prisons and is making some changes. The agency said it will buy protective vests and divide inmates into smaller groups when they are being moved. Two staff members will be added to beef up supervision at the prison housing units.

“The safety and security of our staff continues to be the highest priority of the Bureau of Prisons,” the bureau said in its statement. It refused an interview request.

Officials in California’s state prison system opened their doors for a CNN crew and talked openly about the nonlethal weapons and other protective gear that have become standard issue.

In the state prisons, each guard wears a stab-resistant vest and carries a can of pepper spray and an expandable baton. Officers said they would feel completely vulnerable if they didn’t have them.

“The population is just too unpredictable, and you never know if they are going to turn on you or not,” said James Walker, warden at the California State Prison-Sacramento.

At that institution, more than 3,000 prisoners are housed in sections depending on their history of violence, whether they have any mental health problems or whether they have posed any danger while incarcerated.

Prison officials said the pepper spray is used several times a week to quell incidents, and officers use their batons at least a few times a month

source: http://www.cnn.com/2008/CRIME/08/26/prison.security/

Corrections officers’ vote shows no confidence in jail chief

A large majority of metro Louisville corrections officers cast “no confidence” votes this week against outgoing Corrections Director Tom Campbell

In a largely symbolic vote, the Fraternal Order of Police Lodge 77, which represents 442 jail officers, said they no longer have confidence in Campbell’s “ability to lead, manage and direct the activities of this agency,” lodge president Tony Harris said.

Campbell declined to comment on the vote, but a spokesman for Mayor Jerry Abramson said the administration remains supportive of the corrections chief, who plans to retire Sept. 30.

Abramson named Campbell to the job in February 2005, bringing him out of retirement. Spokeswoman Kerri Richardson said Abramson believes Campbell “has treated all employees fairly. He has done an outstanding job, and we are very pleased with the improvements he has made at the jail.”

Harris said in an interview yesterday that 213 jail guards cast ballots at Swiss Hall on Monday, with 95 percent saying they have no confidence in Campbell. He said the low turnout was due largely to vacations and problems getting downtown to vote, not a lack of interest in the matter.

He noted that only 156 members voted when the lodge elected officers last November.

In a news release after the vote, the union accused Campbell of being indifferent to the well-being of officers and of “blatantly disregarding” complaints from lodge members about “the harassing atmosphere” that they allege Campbell’s top deputy, Kevin Sidebottom, created.

Sidebottom said recently that he will retire Sept. 15. Corrections workers have filed at least six complaints against him, including at least one allegation of sexual harassment.

Messages left for Sidebottom last night were not immediately returned.

Harris said yesterday that the union is asking Abramson to include a union representative on any committee that interviews candidates to succeed Campbell as director. The union prefers a successor be picked from the existing corrections staff, he said.

Richardson said the administration is still reviewing the process to be used in selecting a new corrections chief. But she said, “As soon as we help them pick their union president, we’d be happy to let them pick the new jail director.”

She said Abramson already has received about a dozen applications for Campbell’s job. She said the mayor hasn’t ruled out picking someone now on the staff, but won’t rush the choice.

She declined to comment on Sidebottom’s performance but said that after discussing the complaints filed against him, Sidebottom and Campbell decided it was impossible for him to continue as deputy director.

Both Richardson and corrections spokeswoman Pam Windsor noted that corrections officials and the administration can’t comment on cases that the FOP lodge has filed with the metro human resources department.

source: http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080827/NEWS01/808270799/1008/rss01

Pregnant inmates won’t be shackled under new policy

Inmates at any stage of pregnancy, labor or delivery, no longer will be restrained in Davidson County starting Sept. 1, with a few exceptions.

Sheriff Daron Hall announced the changes this week, calling them radical and dramatic. He said pregnant inmates would be restrained during trips to the hospital or court if there were credible information they might try to escape or if they presented a danger to themselves or others.

The change comes nearly two months after Juana Villegas, an illegal immigrant who was nine months pregnant, was arrested on careless driving charges and detained at the Davidson County jail. Villegas, from Mexico, said she was handcuffed and shackled during transport to the hospital and had one leg shackled to the bed for a portion of her labor.

The sheriff confirmed her treatment was in line with the old policy because her immigration status made her a medium-security inmate; those inmates are restrained regardless of gender or pregnancy.

Sheila Dauer, director of the women’s rights program at Amnesty International USA, said the international standard is that prisoners should be restrained only if there’s a danger of escape.

“That seems pretty unlikely, especially if this is an inmate in labor,” she said. “That’s generally a pretty painful and engrossing experience.”

A judge dismissed Villegas’ careless driving charge on a technicality. Her case had drawn international media attention.

“When you boil this situation down from a correction standpoint, it’s not about immigration and it’s not about us,” Hall said. “It’s about how do we ensure that a person is going to be able to go through that experience and be sensitive to that experience and attend to our duty. It is my opinion that … we were doing a little more than may have been necessary in every case.”

It’s a nationwide issue

One of Villegas’ attorneys, Elliott Ozment, said the change sounds like a good idea, but he wants to see the written policy.

For at least the last 14 years — the period in which the Davidson County Sheriff’s Office has had written policies and procedures in place — the Davidson County jail has restrained pregnant women when transporting them to court or to the hospital for medical care or delivery.

Hall declined to specify the department’s policy on guards standing inside or outside the room when pregnant inmates are in labor, citing concerns about security. He did say that at least one guard remains at the hospital with an inmate, and this portion of the jail’s policy will not change.

The change “puts the department out front” on an issue that jailing agencies across the country are discussing, Hall said. Hall is president-elect of the American Correctional Association, a Virginia-based trade group with about 19,000 members. The association recommends that jailing agencies consider the “age, gender, health and mental health
status” of inmates in restraining them, and use the least restrictive and harmful method.

At least 38 states have policies allowing for some restraint at various stages of pregnancy or delivery.

In a typical week, Davidson County has about 25 pregnant inmates in custody, Hall said. The Tennessee Department of Corrections had 13 pregnant women in custody Tuesday.

source:

Supersize prisons will not solve jail crisis, watchdog warns Straw

Government plans to build three “Titan” prisons, each containing 2,500 inmates, have been strongly criticised by jail watchdogs and penal reform groups.

The National Council of Independent Monitoring Boards, made up of official “prison visitors” to Britain’s jails, has warned justice ministers that managing the supersize jails will cause “major staff problems”. The council says money would be better spent on community sanctions and reducing crime.

The official consultation period on the policy of building Titan prisons ends today. Prison Service officials want the first to be located in the east Thames corridor, with negotiations also believed to be under way for a site in Warrington, Cheshire. It is expected that the prisons will go through an accelerated planning procedure as projects of national importance.

Lord Carter of Coles, the political architect of the policy, last week told the Guardian that the new generation of jails was necessary to provide decent and humane conditions for a larger jail population. More than a dozen inner-city prisons already have populations of more than 1,000, with Wandsworth locking up more than 1,600 inmates each night.

But Peter Selby, chairman of the NCIMB, said the council was concerned that the justice secretary, Jack Straw, seemed to be going back on his own statement that it was not possible to build your way out of a prison population crisis.

He said: “We are not just dealing with a system that is overwhelmed by overcrowding – though overcrowding is a serious problem in some prisons. We are also dealing with a system that is overwhelmed by numbers. The proposal to add 7,500 to these three massive prisons is going simply to add another set of places where regimes will suffer because they will have to accommodate the needs of several different kinds of prisoners who we expect to be kept from one another.”

Selby said that when members attended ministerial round table talks on the issue in July they were left in no doubt that the programme was already government policy and was not negotiable: “Those present were overwhelmingly opposed to the proposal, and believed there were other ways of deploying the huge sums of money involved that would make a far more effective contribution to the government’s stated objectives,” he said.

In a separate submission to the Ministry of Justice, the Howard League for Penal Reform also says ministers have to realise that it is not possible to build their way out of a prison crisis.

A Ministry of Justice spokeswoman said Titan prisons need not be warehouses: “Prisoners will be accommodated in small units capable of addressing their needs and offending behaviour. They will be situated close to those areas which generate the greatest volume of offenders, therefore ensuring that important family and other links can be maintained.”

source: http://www.guardian.co.uk/society/2008/aug/27/prisonsandprobation.justice?gusrc=rss&feed=politics

Prisons employee accuses agency officials of retaliation

 

COLUMBIA, SC (AP) – A veteran Corrections Department employee has filed a lawsuit claiming agency officials retaliated against her for reporting corruption to state senators.  

The State newspaper of Columbia reported Saturday that Linda Dunlap is suing prisons director Jon Ozmint and the agency’s director of health services, Russell Campbell, claiming they violated her free-speech rights.

Dunlap’s lawsuit accuses the officials of ruthless retaliation that left her with no hope of advancement in rank or pay.

The federal lawsuit was filed Wednesday. It says Dunlap has worked in the agency for three decades and as a health services manager since 1987.

source: http://www.wistv.com/global/story.asp?s=8889674

 

San Francisco Illegally Strip-Searched Thousands of Prisoners, Federal Court Rules

SAN FRANCISCO —  A federal appeals court ruled that San Francisco illegally strip-searched thousands of jail inmates.

The court says the city violated the constitutional rights of jail inmates when it subjected them to visual body cavity searches without having any reason to believe they were carrying weapons or contraband.

The 2-1 decision by the Ninth U.S. Circuit Court of Appeals in San Francisco applies to a city policy that was in effect from April 2002 to January 2004.

City officials had argued that the strip searches were necessary to keep inmates from smuggling guns and drugs into jail.

San Francisco changed the policy in January 2004 after a lower-court judge ruled that it was unconstitutional.

source: http://www.foxnews.com/story/0,2933,409422,00.html

Five drug busts every day in prisons – and it’s tip of the iceberg

MORE sniffer dogs should be used in Scotland’s prisons to stem the increasing flow of drugs into jails, according to a governor.

Nigel Ironside, who is in charge of Saughton prison in Edinburgh, said dogs in visitor areas would help deter relatives of inmates and “mules” bringing in drugs.

An average of five seizures are made every day in the country’s jails – and this is to be a relatively small percentage of the true volume of narcotics reaching inmates.

However, efforts to stop the flow of drugs are being hampered by the absence of dedicated sniffer dog teams in each prison. There are currently eight dogs used across the country’s 14 jails – or one dog for every 1,000 prisoners.

Such limited numbers mean they are used only in targeted operations, but not during routine visits, through which a large proportion of drugs found inside prisons are smuggled.

The number of drug seizures has reached historically high levels in recent years, rising from 862 in 2003 to 1,779 last year.

Between April and July this year, 270g of heroin and 88g of cocaine were recovered, compared with 1.012kg and 145g for the whole of last year.

Mr Ironside said:

“We know that when dogs are around during visits, many people planning to come in with drugs are deterred because they know they will detect them.”

However, he said he did not think it was right to “go down the route of the US model” by generally restricting personal visits, as this would damage rehabilitation of prisoners, making it more likely they will commit crime after their release.

Saughton Prison is facing a growing tide of drug smuggling as the numbers of inmates increase. The jail is designed to hold 771 prisoners but yesterday was holding 855.

Prison officers have intercepted or found more than 50g of class “A” drugs and 76 mobile phones, which can be used in drug trafficking, in the past three months alone.

Mr Ironside said staff are facing an uphill battle to reduce the amount of drugs being smuggled inside prisons, admitting that officers probably fail to intercept most drugs.

A spokesman for the Scottish Prison Service said officials were looking to increase the use of sniffer dogs to root out drugs. “We are currently considering this option,” he said.

Prison staff are making increasing use of CCTV and intelligence from police and the Serious Organised Crime Squad to intercept drugs. Despite this, they say they will probably never be able to eradicate drugs from prisons altogether.

The call for more sniffer dogs came as Kenny MacAskill, the justice secretary, pledged a “zero tolerance” approach to drugs in prisons. He was speaking after witnessing first-hand a new model of treating drug-addicted inmates at Saughton Prison. This integrates medical treatment with therapeutic support.

Mr MacAskill said that as prisoner numbers remain at record levels, the Scottish Prison Service (SPS) faces a “testing time”.

But he added: “I am fully committed to zero tolerance of illegal drug use and trafficking in prisons, and I know I am fully supported by the SPS.”

source: http://news.scotsman.com/scotland/Five-drug-busts-every-day.4420727.jp

Another Pinal County jail inmate kills himself

A 45-year-old man committed suicide inside the Pinal County Adult Detention Center early Wednesday, marking the third time an inmate killed himself in just over a month.

Jail staff found Ricky Mann, who was physically handicapped, dead just after midnight. He strangled himself by tying a sheet to his medical walker, sheriff’s officials said.

Suicides at Pinal County jail raise concerns

Mann’s death comes the day after a Tribune report that cited concerns from experts about recent suicides at the jail. They questioned the jail’s supervision, medical care and management.

The other suicides occurred July 8 and 16.

In a statement, the sheriff’s office said it is putting the entire jail staff through a refresher course in suicide prevention.

The training will be conducted next week by Pinal County Correctional Health’s mental health staff.

Before Mann’s death, Pinal County jail’s suicide rate was more than double national averages for county jails, according to data from the Bureau of Justice Statistics.

Since 2005, there have been a total of five suicides and five suicide-related injuries. The sheriff’s office is also facing a lawsuit for one of the deaths, which occurred last year.

Chief Deputy Terry Altman runs the Pinal County jail, and the recent deaths aren’t the first time he’s seen a surge of inmate suicides in a short period.

In 2004, Altman was demoted from his position as top commander for the Brevard County Sheriff’s Office in Florida after five inmates committed suicide in three months.

Altman has refused interview requests about the suicides and the jail.

Lawyer David Don has filed suit against the jail in the April 2007 death of inmate George Horner, who was found hanging by a sheet from a vent in his cell.

Don wrote in a court document that jail staff knew Horner was suffering from suicidal thoughts and didn’t do anything to prevent his death. Horner’s family sought a $600,000 settlement. But that offer was rejected, and the case will now go before a jury.

Mann was not on suicide watch at the time of his death, sheriff’s spokeswoman Vanessa White said. He was booked into jail March 22 and was awaiting trial on several child sex charges.

source: http://www.eastvalleytribune.com/story/123633

Report clears prison staff of corruption

The Corrections Department is extending a probe into an allegation of corruption at Christchurch Men’s Prison, while clearing staff of any wrongdoing over five other allegations.

The department would not reveal what its ongoing inquiry into one allegation involves, but chief executive Barry Matthews said there was no current evidence to implicate any Prison Services staff in corrupt activity.

A Corrections officer lodged a complaint last year, which raised 25 issues, of which six potentially amounted to corrupt behaviour.

One of the complaints alleged failure by prison managers to take action against a female staff member who was having an inappropriate relationship with a prisoner.

An inquiry by the department’s new professional standards unit (PSU) found no evidence to warrant continued investigation into that and four other issues.

But “sufficient concern” was raised to continue probing the remaining allegation and the PSU was working with Prison Services staff to gather intelligence, said Mr Matthews.

“This will be a long term inquiry and it is unlikely to be resolved in the next six months. I will not comment further on this issue until this has been completed.”

The officer complained in September last year. The PSU decided that prison management did not act in a corrupt or negligent manner in managing the case of the female staff member who had the inappropriate relationship with a prisoner.

However, it did identify “significant shortcomings” in the way the case was dealt with.

Southern regional prison management said the staff member had been sacked, but it acknowledged that formal performance action against her could have been started earlier.

The Corrections officer also alleged that a staff member had inappropriate contact with gang members and was allowing them to carry out illegal behaviour in the prison.

But the PSU found there was no evidence of inappropriate contact, “apart from the partaking of biscuits” with prisoners.

Other allegations involved a staff member providing prisoners with a bottle of whisky, manipulated rosters and a threat against the Corrections officer.

Mr Matthews said the inquiry came after four officers were dismissed from the prison for serious misconduct, including corrupt behaviour.

The latest report found no evidence of wrongdoing or corrupt behaviour by officers at the prison, but he said the staff member had raised “genuine and honestly-held concerns”.

He said the report did conclude that management of some issues could have been better.

“A structural review of Prison Services, completed last year, has already rectified many of the issues identified by providing additional management support.

“This will better enable regional and prison managers to manage poor staff performance and to address any serious concerns by staff.”

A report earlier this year found some corrupt activity involving staff at Upper Hutt’s Rimutaka Prison had occurred, but no evidence of systemic corruption.

Mr Matthews said today there was always the potential for corruption in prisons because “every day our staff manage some of the most manipulative people in society. Prisoners will not think twice in trying to compromise staff to engineer a situation to their advantage.

“Unfortunately there will always be a few individuals who succumb to the challenges of working in this type of environment, however the public can be reassured that the overwhelming majority of staff do their job professionally and with integrity.”

source: http://nz.news.yahoo.com/a/-/top-stories/4943111

Six inmates charged over prison assault

Six prisoners have been charged with an assault that left four Paremoremo inmates with stab wounds in a gang fight earlier this month.

A 38 year-old and a 20 year-old are facing three charges each of injuring with intent while four others aged between 21 and 27 have one charge of injuring with intent.

Police have poured over security camera footage from the maximum security prison.

Sources told the Herald two weeks ago that the fight was sparked by a dispute between members of the Killer Beez and the Mongrel Mob.

A number of weapons, believed to be homemade knives, were found in prison cells following a lockdown period.

source: http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10528417&ref=rss

3 Texas Corrections Officers Assaulted by Inmates

FORT WORTH, Texas –

Three jail employees were hospitalized after being attacked by three inmates Wednesday morning, one of whom wielded a self-made weapon.

According to the Tarrant County Sheriff’s Department, the inmates were being escorted to the gym at about 8:30 a.m. when they assaulted the detention officers.

Terry Grisham, spokesman for the Tarrant County Sheriff’s Office, said the inmates then ran toward the elevators in an apparent attempt to escape.

Two nearby maintenance workers who happened upon the duo were also attacked when they tried to intervene.

Grisham said the inmates were overtaken a short time later and that they never left the floor the incident occurred on.

One of the maintenance workers and both officers were transported to a local hospital in unknown condition. The second maintenance worker was treated for minor injuries at the scene.

Grisham said the two inmates will unquestionably face additional charges, but those charges have not yet been revealed.

The names of the inmates and victims have not yet been released.

The Tarrant County Jail is located above the Fort Worth Police Department’s headquarters on the 300 block of W. Belknap Street in downtown.

source: http://www.officer.com/online/article.jsp?siteSection=1&id=42820