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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

CCAaclu

Image source: ACLU

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I was astounded when a press release (copied below) hit my inbox. Currently, private prison corporations have no legal requirement to provide the same types and amount of information that the public and journalists can demand of state and federal prisons!

A new law looks to correct this disparity.

Last week, U.S. Representative Sheila Jackson Lee (D-TX) reintroduced the Private Prison Information Act (PPIA) in Congress. The bill, HR 5838, requires non-federal correctional and detention facilities that house federal prisoners to comply with the Freedom of Information Act (FOIA).

The Human Rights Defense Center made the following press release last week:

Private Prison Information Act Reintroduced in Congress, to Ensure Public Accountability at Privately-Operated Prisons

Currently, private companies such as Corrections Corporation of America (CCA) and the GEO Group are not required to comply with FOIA requests even when they operate facilities that hold federal prisoners through contracts with federal agencies, and are paid with public taxpayer funds. This includes privately-operated facilities that house immigration detainees.

Alex Friedmann, associate director of the Human Rights Defense Center, and Christopher Petrella, a doctoral student at UC Berkeley, have worked closely with Rep. Jackson Lee’s staff over the past two years to reintroduce the PPIA during the 113th Congress.

Various versions of the PPIA have been introduced since 2005; however, private prison firms and their supporters have lobbied against the bills. For example, CCA’s federal lobbying disclosure statements have specifically referenced lobbying related to the PPIA.

Friedmann and Petrella argue that because private prison corporations rely almost entirely on taxpayer funds, and perform the inherently governmental function of incarceration, the public has a right to obtain information pertaining to private prison operations. In short, the government should not be able to contract away the public’s right to know through FOIA requests.

Friedmann testified before the House Subcommittee on Crime, Terrorism and Homeland Security in June 2008 in support of a previous version of the Private Prison Information Act.

A coalition of 34 criminal justice, civil rights and public interest organizations submitted a joint letter to Rep. Jackson Lee in December 2012, followed by a renewed letter on June 11, 2014, expressing support for the PPIA and encouraging her to reintroduce the bill.

The letter noted that “If private prison companies like CCA and GEO would like to continue to enjoy taxpayer-funded federal contracts, then they must be required to adhere to the same disclosure laws applicable to their public counterparts, including FOIA.”

The signatories to the joint letter included the Center for Constitutional Rights, Center for Media Justice, Ella Baker Center for Human Rights, Florida Justice Institute, Grassroots Leadership, Enlace, In the Public Interest, National CURE and FedCURE, Justice Policy Institute, Justice Strategies, Prison Policy Initiative, Private Corrections Institute, Southern Center for Human Rights, The Sentencing Project, Southern Poverty Law Center and Texas Civil Rights Project. The NAACP has also voiced support for the PPIA.

“This bill is about public accountability – to ensure that for-profit prison corporations, which assume the role of the government when incarcerating federal prisoners, must comply with the same Freedom of Information Act obligations as federal agencies such as the Bureau of Prisons,” said Friedmann. “That is only fair and reasonable, but private prison companies will most likely object to the bill, as they favor secrecy over fairness.”

“The introduction of the Private Prison Information Act constitutes just the first step in bringing transparency and accountability to an industry that’s funded almost entirely by your and my tax dollars,” Petrella added. “We’ll continue to work tirelessly until this bill is brought to fruition.”

For more information:

Visit the Private Prison Information Act website.

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

Christopher Petrella
(860) 341-1684
christopherfrancispetrella@gmail.com

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