‘Deliberate Indifference’
On March 26, U.S. District Judge Carlton W. Reeves issued a blistering court order approving the settlement of the lawsuit. He wrote that the GEO Group Inc., the company that runs Walnut Grove, “has allowed a cesspool of unconstitutional and inhuman acts and conditions to germinate.”
Violence by youths and guards wasn’t the only problem. Neither were the gang affiliations of some guards. Or the grossly inadequate medical and mental health care. Or the proliferation of drugs and other contraband. Or the lack of educational and rehabilitative programs. Or the wild overuse of pepper spray on passive youths.
Indeed, the DOJ found that sexual abuse – including brutal youth-on-youth rapes and “brazen” sexual misconduct by prison staffers who coerced youths – was “among the worst that we have seen in any facility anywhere in the nation.”
What’s more, both the prison staff and the Mississippi Department of Corrections, which pays GEO $14 million each year to run the prison, showed “deliberate indifference” to these problems.
In other words, nobody cared. Nobody cared that the bottom line – private profit, secured in part by dangerously understaffing the prison – was more important than providing humane conditions and services that would protect youths from violence and help get them back on the right track.
They should care – if not out of basic human decency then because these young men will eventually get out of prison. They will re-enter their communities, many lacking an education, many lacking treatment for their disabilities, many severely scarred both physically and psychologically by their experience.
GEO Riding Privatization Wave
Mike was three weeks shy of his 20th birthday when he arrived at Walnut Grove to serve a four-year sentence in October 2009. After growing up with his mother in California, he had been living for the previous two years with his father in Hazlehurst, a small town about a half hour’s drive south of Jackson. He was an active, athletic kid who liked to fish and was good with his hands. He had begun studying at a local community college, hoping to become a welder.
But now, after running afoul of the law, he was just another number in prison garb, living in a facility that housed young men ages 13 to 22 who had been tried and convicted as adults.
In August 2010, six months after Mike was injured, GEO purchased the company, Cornell Companies Inc., that had been operating the prison since 2003. GEO, which was born as Wackenhut Corrections Corp. in 1984, is the second-largest prison company in America, with 66,000 beds at 65 prison facilities across the U.S. and another seven overseas. With a total of 4,000 beds in three prisons, including Walnut Grove, the company houses about a quarter of Mississippi’s prison population.
Built with $41 million in taxpayer subsidies, Walnut Grove has generated about $100 million in revenue for the companies operating it since the doors opened in 2001.
With the acquisition of Walnut Grove and its other prison projects, GEO is riding a wave of privatization efforts.
Across the U.S., the number of inmates in such private facilities grew by 80 percent between 1999 and 2010 – from 71,208 to 128,195 – as states and the federal government bought the industry’s pitch that it could save taxpayer money by operating prisons at a lower cost, according a January 2012 report by The Sentencing Project. Thirty states now have partially privatized their prison systems.
For GEO, more privatization means greater profits. In 2011, the company produced $1.6 billion in revenue, a 27 percent increase over the previous year, and net income of $98.5 million, the best performance in the company’s history, according to its 2011 annual report.
The company’s business model depends, at least in part, on tough sentencing.
With 1.6 million people living behind bars, the U.S. already has the world’s largest population of prisoners – and the highest per-capita rate of incarceration. But the prison industry wants more. GEO’s annual report is clear about that – noting that “positive trends” in the industry may be “adversely impacted” by early release of inmates and changes to parole laws and sentencing guidelines.
Walnut Grove Population Triples
In the decade before Mike came to Walnut Grove, the prison’s population had soared – more than tripling from 2001 to 2010, from 350 to 1,200 inmates.
That was part of the problem. When the facility opened in 2001 with 500 beds, it was authorized to only accept “juvenile offenders” between the ages of 13 and 19.
There are important public policy reasons to keep children and teens separate from adult prisoners. The juvenile system was created to protect children from the harsh, punitive environment of adult prisons and to rehabilitate youths, recognizing that they are still developing and can greatly benefit from educational and other services.
Research has shown that youths who stay in the juvenile system are less likely to be arrested again than those who are transferred into the adult population. Further, youths are far more likely to be sexually assaulted in adult prisons and are more likely to commit suicide.
Even so, the Mississippi legislature, under lobbying pressure, periodically raised the maximum age of those who could be housed at Walnut Grove – now at 22 – while also steadily increasing its capacity.
The staffing levels, however didn’t keep pace with the rapidly growing population. In fact, a prison auditor reported to the legislature in 2005 – and again in 2010 – that staffing had actually decreased. When it acquired the facility in 2010, GEO did nothing to correct the imbalance. In fact, the SPLC lawsuit says GEO “has a policy … of understaffing the prison.”
Michael McIntosh testifies before the Mississippi House Juvenile Justice Committee about the horrible conditions at the Walnut Grove Youth Correctional Facility.