Vendor switch concerns advocates
Inmates could have fewer personal items, higher costs, they worry
MADISON – The state Department of Corrections is switching from three vendors that provide personal items to inmates to one, sparking concerns that prices could skyrocket and incarcerated persons may have fewer options to chose from.
The new contract is being awarded to Union Supply Group, a Californiabased company with a warehouse in Wisconsin. Union Supply is one of the three vendors the department has historically worked with, along with the Milwaukee-based Jack L. Marcus and Keefe Commissary Network. The new contract was finalized July 8.
The supply groups currently provide the opportunity for incarcerated individuals or their family members to order items such as shampoo, toothpaste, clothing, books, puzzles, instruments and other personal items. The company then delivers the orders to prisons throughout the state.
The vendors serve a prison population of about 19,000 spread across 39 institutions, according to department data as of July 23. The vendors do not serve every prison location.
In a conference call with all the vendors, the department said the “history of working with multiple vendors is inefficient from a department perspective,” according to documents provided to the Milwaukee Journal Sentinel.
The department gave a number of reasons for switching to a single contract, citing a single dedicated customer support response and a better warranty response, expanded offerings of approved items and a simplified ordering process with a standardized catalog, said department director of communications John Beard.
“Having regular, dependable services, it’s important to anyone. We’re dealing with fellow human beings.” Michael Everson Advocate
The change will cut down on the amount of work done by department staff, relieving them of the responsibility of having to be the go-between to resolve order issues and cutting down on the time needed to approve new catalogs every six months from each vendor.
The department wants to have one vendor catalog that will eliminate purchases outside of the contract, which can pose security concerns.
But downsizing to one catalog has advocates for incarcerated people worried.
Michael Everson, who was released from prison 20 years ago but still works with the ordering systems often to get friends needed supplies, said a change to one vendor have an impact on incarcerated people.
He said out of the current ordering services, Marcus is the easiest to work with and the company always delivers items quickly, and often for a better price than Union Supply. Many times, orders from Union Supply are delayed, sometimes forcing inmates to wait months for items of clothing, toothpaste, shampoo, or even vitamins.
He said he doesn’t understand why inmates and their loved ones weren’t asked about which service was better or more affordable.
“If they checked with us, the people who do the purchasing for loved ones, we’d say go with Marcus,” he said.
The department insists that the change in vendors won’t cut down on what’s available.
“Families and friends should not experience a reduction in choices. DOC’s goal is to get close to 100% of product availability through Union Supply (other than some religious items that may not be able to be sourced) to minimize purchases from outside vendors,” Beard said in an email. “Along with product availability, we are planning to allow a wider range of products.”
Everson said above all, it’s most important to have a reliable service. Just as a customer ordering from a business like Amazon might get impatient after a week, those who are incarcerated deal with the same frustration, but aren’t able to run out to the store to replenish needed items.
“Having regular, dependable services, it’s important to anyone,” he said. “We’re dealing with fellow human beings. Oh yes, they’ve made serious mistakes and they’re incarcerated, but they’re human beings. They have feelings and needs, just like us. I’m thinking we should be treating them just as we treat our own family.”
Advocates see change as violation of department rules
Since the department’s decision to drop to one vendor, JL Marcus has pushed back, asking to either be reinstated or for the request for proposals for the vendor contract to be reissued.
JL Marcus submitted a protest letter, which the department denied in October 2020. The company then appealed to the state Department of Administration, but the appeal was denied in January 2021.
The DOA said it did not have authority to add JLM as another contractor or reissue the request for bids.
In its protests, JL Marcus points to a portion of department code that states that prisons should allow inmates to purchase approved items not carried by the canteen and that purchases from a “sufficient number of enterprises” need to be allowed to ensure a reasonable selection and competitive prices.
In its response, the department said that state law only requires multiple vendors if the canteen does not carry all approved personal property items.
But that rule has become a sticking point for advocates.
Ramiah Whiteside, who was incarcerated for about 20 years but is now a member of EX-incarcerated People Organizing (EXPO), said that while in prisons, inmates undergo a process of internalizing a system to honor the rules and guidelines the government and their communities put forward. If the department isn’t even honoring its own rules, what are they teaching the incarcerated people in their care?
“The people on the inside have to honor these rules. And this process undermines that,” he said of the selection of only one vendor. “It creates a sense of insubordination.”
If the decision stands, JL Marcus, which employs 75 people in Wisconsin, stands to lose about 30% of its revenue, making it tough for the company to survive.
“We sincerely hope that the state and DOC reconsider this decision. Our business has always been a part of the greater Milwaukee community, and we want to continue that connection into the future,” said Jodi Weber, president of JL Marcus.
Another concern arising from a change in vendors is the potential elimination of an in-person shop, currently operated by JL Marcus in Milwaukee.
“Some family members, they’re just not able to order online, so they actually go to the store. They have money, but no bank cards or credit cards,” Everson said. “They go there, pay in cash, that’s quite a service. People like that.”
Sen. LaTonya Johnson, a Democrat from Milwaukee whose district includes Marcus, said the company was a “mainstay” of the neighborhood she grew up in. She also noted that the elimination of an option to pay in cash could be detrimental.
“Not everyone is online or has access to a credit card. The fact that they are one of the few businesses that offer an in-person retail location in the area is really important,” Johnson said.
“We desperately need more jobs and more businesses in the area, not fewer, so I am concerned any time the State’s decisions jeopardize the future of one of our most steadfast businesses. I understand the Department of Corrections’ position, but I am hopeful that we can find a way for the State to provide efficient services while still supporting the families of those in our correctional institutions as well as local businesses like Jack L. Marcus.”
Beard said having a physical story is not a requirement for vendors, and that it actually can pose a security risk when family and friends are able to handle items before they’re sent to prisons.
“There is a risk of contraband being associated with those items,” he said in an email.
As for worries over cash payments, Union will allow families to make purchases with cashier’s checks, money orders, personal checks or cash, which can be sent to the company from any participating ACE Cash Express location in Wisconsin, Beard said.
‘It’s not really a choice’
Union Supply’s contract is set to begin at the beginning of October and will last for one year with the option for four more years.
The Department of Corrections is working with the company to create a catalog that will contain “products of comparable quality and price” as the items offered now. It is working to expand its catalog and warehouse operations.
Union Supply has to submit a final copy of its new catalog by Aug. 12, a department official said. In the meantime, the company has begun its preparations.
“Union Supply has expanded its fleet, hired an additional sales support and program manager, added warehouse staff, posted two driver positions and two additional warehouse employee positions, and designated a buyer to the contract,” Beard said in an email.
Few people seem to be aware of the change, said Ron Schroeder, also a member of EXPO.
He and Whiteside are routinely in contact with hundreds of people inside Wisconsin prisons, and no one has yet seen a memo about the change. There has only been gossip through the grapevine.
Beard said that the department is in the process of drafting a memo for inmates that will accompany additional communication from Union Supply about the change that will go to inmates and their loved ones.
Schroeder and Whiteside worry there isn’t any guarantee that prices won’t change with only one vendor in play starting in October. Incarcerated people make so little money for the jobs they perform in prisons, that a price increase could wipe away the ability to access necessary items. For example, Schroeder said, a tube of toothpaste is already $8.50 on one of the vendor’s sites.
What happens when that price goes up and there isn’t another place to choose from?
“It could lead to a person having to choose between purchasing a hygiene item or going to the doctor,” he said. “When someone is in the prison system and needs to see a doctor, there is a copay of $7. It may not seem like much, but to someone earning 5 or 7 cents an hour, it may come down to a choice. And it’s not really a choice.”
“Along with product availability, we are planning to allow a wider range of products.”
John Beard Department of Corrections