Sunday, April 15, 2007
PRISON SENTENCES, 2006
A TOTAL of 478 people were sentenced to prison last year in Maine, one-quarter of them for less than a year. Their charges:
109, drug crimes;
62, sex offenses;
50, assaults and threatening;
43, burglary;
39, criminal traffic offenses;
175 for other crimes.
109, drug crimes;
62, sex offenses;
50, assaults and threatening;
43, burglary;
39, criminal traffic offenses;
175 for other crimes.
CORRECTIONS CORPORATION OF AMERICA owns and operates 64 for-profit prison facilities in 19 states with a total capacity of more than 72,000 beds, up from 59,000 in 2002;n has contracts with roughly half the states as well as the federal government;n operates North Fork Correctional Facility in Sayre, Okla., a medium-security prison with a capacity of 1,440.
Source: Corrections Corporation of America
LEARN MORE ONLINE:
Department of Justice report on prison statistics, 2005:http://tinyurl.com/325yzn
Report by the Maine Commission to Improve Sentencing, Supervision, Management and Incarceration of Prisoners: http://tinyurl.com/28qyvg
Articles on prison overcrowding from the National Institute of Corrections: http://tinyurl.com/3a7dvk
Maine corrections officials want to ship 125 medium-security offenders out of state to relieve overcrowding in state prisons. But civil-rights groups and defense lawyers say the plan is unfair to prisoners and their families, and could boost the likelihood convicts will re-offend once released.
The Maine Department of Corrections wants to employ a series of temporary measures to house an overflow of 245 prisoners. The plan calls for opening an empty housing unit at the state's Charleston Correctional Facility and leasing cell space from Cumberland, York, Lincoln and Sagadahoc county jails, which have excess capacity.
But the part of the plan drawing the most concern calls for shipping 125 prisoners to a for-profit prison in Oklahoma.
"It's immediately available, it's appropriate for that security level and length of incarceration, and it's also a less expensive option," said Denise Lord, associate commissioner of Maine's corrections department.
The plan is being criticized by the Maine Civil Liberties Union, the Portland branch of the National Association for the Advancement of Colored People, and the Maine Association of Criminal Defense Lawyers.
"If Maine has a serious criminal justice problem, it shouldn't be in the business of exporting that problem to other states. We should work together to solve the problem here," said Zachary Heiden, legal director for the MCLU.
Sending prisoners far from home would cut off the community support they need to avoid re-offending when they're released, he said.
Maine corrections officials went to Oklahoma last week to inspect the facility, a prison owned by Corrections Corporation of America. They described it as clean, safe and well-run, though somewhat lacking in programs compared to Maine facilities.
The prison has been accredited by the American Correctional Association, the same organization that approved the operation of Maine's prisons, Lord said.
The Tennessee-based company is the nation's largest private prison company, and has more prisoners than all but the federal government and three states.
The company is able to house prisoners cheaper than states can because it has extensive experience in the field, and has economies of scale unmatched by most public entities, in areas such as purchasing food, medicine and clothing, said Louise Grant, vice president of marketing and communication for the company.
CCA also pays less for labor, construction, real estate and heat than many states do, she said.
Private prisons offer programming based on what is called for in individual state contracts, but typically include courses in academics, substance abuse and trades, Grant said.
It sounds adequate, but Heiden, of the MCLU, said protecting prisoners' rights often means meeting with inmates and visiting the facilities where they are housed.
He also said the proposal could have implications for public safety. "Cutting off inmates from their communities for some indeterminate open-ended period of time will reduce the chances of them being rehabilitated," Heiden said.
CRISIS DRAWS CRITICISM
Walter McKee, an attorney who is spokesman for the Maine defense lawyers, questioned the plan's urgency.
"Why are we at this emergency stage in the first place? We're talking about shipping people 2,000 miles away. Isn't this something that should have been taken care of a long time ago, before we got into this crisis situation?" McKee said.
He faulted the Legislature for passing mandatory minimum sentences during the past three sessions, exacerbating the problem.
McKee also said the distance would hamper prisoners' ability to pursue legal appeals, and to participate as witnesses in other cases.
The MCLU, NAACP and the defense lawyers association sent a letter to the legislative chairs of the Appropriations Committee urging a full analysis of the proposal.
The surge in prison population is being felt in almost every state in the country, even those with historically low incarceration rates, like Maine.
New Hampshire has about 500 prisoners more than capacity, and Rhode Island's governor recently declared an emergency to try to deal with that state's prison overcrowding.
California Gov. Arnold Schwarzenegger declared a state of emergency and tried to ship up to 5,000 prisoners out of state, but prison workers have blocked the plan with a lawsuit.
WHO WOULD GO?
About half the states in the country pay to have some prisoners housed out of state, according to Corrections Corporation of America.
In Maine, the increase appears to stem from a rise in people with shorter sentences being sent to state prison rather than county jails, and to a steady climb in the number of people sentenced for sex and drug crimes.
Maine's emergency plan calls for transferring out-of-state prisoners who volunteer and those who are from other states but committed crimes in Maine. The department also will be reviewing records to see which prisoners have not had regular family contact.
Corrections Commissioner Martin Magnusson said at a recent legislative hearing that the state could also use out-of-state placement for prisoners who have been problematic for state officials.
Although there is no law dictating how to choose prisoners for out-of-state transfer, there are guidelines the commissioner has said he intends to use.
The agreement with the Oklahoma prison would require prisoners to return to Maine at least six months before they are released, time to reconnect with community supports, Lord said.
The annual cost of sending the prisoners out of state would be about $3 million, compared to about $4 million if the state boarded them in Maine's county jails.
Corrections Corporation of America is active politically in Maine; it contributed $17,500 to a Republican political action committee and $6,000 to Democratic groups last year, according to state records. Lord said the company has been in contact with Maine officials over the years but was selected because it can immediately accommodate the prisoner overflow.
The spending plan now before the Appropriations Committee would send prisoners out of state for just eight months, through December, while the Legislature's Criminal Justice and Public Safety Committee develops a long-term solution to the overcrowding.
If the out-of-state prisons were part of a long-term solution, the state would employ a competitive bid process, Lord said.
Sen. Bill Diamond, D-Windham, chairman of the Criminal Justice and Public Safety Committee, said the overcrowding situation is serious and must be dealt with now.
"It is not about the comfort of prisoners," he said. "It has everything to do with the safety of the guards and the extremely costly event for the state if a consent decree or lawsuit is applied."
The out-of-state placement might be a short-term solution, but many states that resorted to such measures in an emergency have continued to rely on out-of-state prisons.
Vermont sent a couple hundred prisoners to CCA in 2004 and now has 500 housed with the company, Grant said.
A state analysis shows the expense of using out-of-state prisons through 2010 to help alleviate overcrowding.
Diamond said the state needs a solution for the future that avoids a replay of the current crisis.
"It would just be a Band-Aid if we didn't commit ourselves to a long-term plan, a long-term solution that includes other things besides buildings," Diamond said. "If it's building buildings, that's the easy way out and the least popular way."
Staff Writer David Hench can be contacted at 791-6327 or at:
CORRECTIONS CORPORATION OF AMERICAnÝowns and operates 64 for-profit prison facilities in 19 states with a total capacity of more than 72,000 beds, up from 59,000 in 2002;n has contracts with roughly half the states as well as the federal government;n operates North Fork Correctional Facility in Sayre, Okla., a medium-security prison with a capacity of 1,440.Source: Corrections Corporation of AmericaLEARN MORE ONLINE:Department of Justice report on prison statistics, 2005:http://tinyurl.com/325yznReport by the Maine Commission to Improve Sentencing, Supervision, Management and Incarceration of Prisoners:http://tinyurl.com/28qyvgArticles on prison overcrowding from the National Institute of Corrections:http://tinyurl.com/3a7dvk -->
Reader comments
Sort by: Oldest first | Newest First
Naaahhhh, way too logical for Maine politics.report abuse
It kills me when people bring up decriminalizing marijuana as a way to lighten the prison population.
Decriminalizing it would add to the prison population becasue there would be four times the number of stoners arrested for driving under the influence. Which means there would be four times the number of people seriously injured or killed in marijuana-related automobile accidents. Which means four times the number of families currently impacted by DUI tragedies would result. Which means everyone's insurance rates would skyrocke. Which means fewer people would be able to afford insurance. Which means fewer people would actually have insurance when they drive. Which means everyone on the roads would be a much greater risk.
There would be four times the number of people arrested for public intoxication (repeatedly). Kids under the age of 21 would find it much easier to obtain and the total number of people actually graduating from high school and college would go way down, dragging our already fragile economy deeper into the depths of despair.
We don't need another addictive intoxicant legalized in this country. Alcohol is plenty powerful in ruining lives on it's own.
Why not just legalize all drugs? How's that working out for Denmark?
You people who believe all your problems can be solved by drugs and alcohol can't be trusted to make good, informed decisions. report abuse
I would also like to see the figures for how many are repeat offenders and how many times they have gone back to prison. And out of the ones who go back, how many go back for drug and alcohol related crimes.
I have a strong hunch there is a high correlation, and that the state has very poor drug and alcohol treatment programs in Maine prisons. This could well be the reason for overcrowding, since without adequate treatment to get off the drugs, these people keep going back to prison, which would tremendously add to the prison population.report abuse
Show all 35 comments
You must be a registered user of MaineToday.com to post a comment. Register or log in.