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ACTIVIST-SHAREHOLDERING

I love the term “activist-shareholder.” I envision a person wearing protest t-shirts at the AGM, or the organisation of a silent bloc that suddenly bursts into action and derails the agenda of a meeting. Activist-shareholders are moles in the system. Granted they are very visible roles, and it is soon very obvious as to why they have bought shares in a corporation whose practices they oppose, but still. yay for the little man.

Alex Friedmann, associate director of the Human Rights Defense Center and managing editor of Prison Legal News is one such activist shareholder. He made the reasonable proposal that private prisons make attempts to rehabilitate prisoners. Shock horror! And, guess what? The private prison company refused.

I just adore these tactics. If the prison industrial complex is to be dismantled it’ll take an untold amount of imagination and the combination of many tactics. Friedmann’s colleague at Prison Legal News Paul Wright was on hand this week to remind us that talking about the problem is not always doing something about the problem. Wright spoke with Alysia Santo for The Marshall Project, in a provocatively titled interview piece Sure, People Are Talking About Prison Reform, but They Aren’t Actually Doing Anything.

Go forth, let your imagination run wild.

Below, the Human Rights Defense Center press release:

Nation’s Largest Private Prison Firm Objects to Resolution to Fund Rehabilitative, Reentry Programs

Nashville, TN – Last Friday, Corrections Corporation of America (NYSE: CXW), the nation’s largest for-profit prison firm, formally objected to a shareholder resolution that would require the company to spend just 5% of its net income “on programs and services designed to reduce recidivism rates for offenders.”

The resolution was submitted by Alex Friedmann, associate director of the Human Rights Defense Center and managing editor of Prison Legal News. An activist shareholder, Friedmann owns a small amount of CCA stock; in the 1990s he served six years at a CCA-operated prison in Clifton, Tennessee prior to his release in 1999.

“As a former prisoner, I know firsthand the importance of providing rehabilitative programs and reentry services,” Friedmann stated. “I also know firsthand the incentive of private prisons to cut costs – including expenses associated with rehabilitative programs – in order to increase their profit margins.”

Citing data from the Bureau of Justice Statistics, the resolution notes that “Recidivism rates for prisoners released from correctional facilities are extremely high, with almost 77% of offenders being re-arrested within five years of release.” Further, “[t]he need to reduce recidivism rates for offenders held in [CCA’s] facilities is of particular importance, as two recent studies concluded that prisoners housed at privately-operated facilities have higher average recidivism rates.”

The shareholder resolution states that it “provides an opportunity for CCA to do more to reduce the recidivism rates of offenders released from the Company’s facilities, and thus reduce crime and victimization in our communities.”

CCA filed a formal objection with the Securities and Exchange Commission (SEC), seeking to exclude the resolution from its 2015 proxy materials distributed to shareholders. In its objection, CCA argued that the resolution relates to “ordinary business operations,” comparing it to other shareholder resolutions that have, for example, sought to require companies to “test and install showerheads that use limited amounts of water.”

In a press release issued by CCA last year, the company announced “a series of commitments” to rehabilitative programming, stating it would “play a larger role in helping reduce the nation’s high recidivism rate.” At the time, CCA CEO Damon Hininger claimed that “Reentry programs and reducing recidivism are 100 percent aligned with our business model.”

“CCA’s objection to a shareholder resolution that would require the company to spend just 5% of its net income on rehabilitative and reentry programs demonstrates the lack of the company’s sincerity when it claims to care about reducing recidivism,” stated HRDC executive director Paul Wright. “Evidently, retaining 95% of its profits isn’t enough for CCA – which isn’t surprising, because as a for-profit company CCA is only concerned about its bottom line, not what is best for members of the public, including those victimized by crime.”

“If CCA was serious about investing in rehabilitation and reentry programs for prisoners who will be released from the company’s for-profit facilities, then it would not have objected to this resolution,” Friedmann added. “But it did, so we can draw our own conclusions.”

The Human Rights Defense Center, founded in 1990 and based in Lake Worth, Florida, is a non-profit organization dedicated to protecting human rights in U.S. detention facilities. HRDC publishes Prison Legal News (PLN), a monthly magazine that includes reports, reviews and analysis of court rulings and news related to prisoners’ rights and criminal justice issues. PLN has around 9,000 subscribers nationwide and operates a website (www.prisonlegalnews.org) that includes a comprehensive database of prison and jail-related articles, news reports, court rulings, verdicts, settlements and related documents.

For further information:
 

Alex Friedmann
Associate Director
Human Rights Defense Center
(615) 495-6568
afriedmann@prisonlegalnews.org

Paul Wright
Executive Director
Human Rights Defense Center
(561) 360-2523
pwright@prisonlegalnews.org

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Image source: ACLU
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