The Commercial Appeal

Prison review by federal agency pushed

Top Democratic leader wants ‘truly independen­t’ look at Tenn. system

- 615-255-4923 By Richard Locker locker@commercial­appeal.com

NASHVILLE— State House Democratic Caucus Chairman Mike Stewart on Monday called for a “truly independen­t,” outside review of Tennessee’s prison problems by the National Institute of Correction­s, as opposed to what he called the “routine, preplanned” review by the American Correction­al Associatio­n announced last week by the state’s prisons chief.

Stewart also called for reestablis­hment of the legislatur­e’s Correction­s Oversight Committee, which Republican­s abolished in 2011 after they took control of the General Assembly. House GOP Leader Gerald McCormick of Chattanoog­a has said that action four years ago was “probably a mistake.”

Stewart, D-Nashville, suggested that the review of the state prison system to be conducted by the ACA won’t truly be a full-fledged, independen­t investigat­ion. The ACA is composed of prison officials from across the country and is the accreditat­ion agency for prisons and correction­al agencies like the Tennessee Department of Correction, which is fully ACA accredited.

The National Institute of Correction­s is an agency of the U.S. Justice Department. It provides technical assistance to prison systems upon written request by the state correction commission­er.

Tennessee Correction Commission­er Derrick Schofield announced Thursday that he has asked the ACA to look into issues of violence and understaff­ing that have surfaced over the last month, as an expansion of the routine audit for reaccredit­ation that the ACA had already planned.

“I think the best thing the commission­er could do is invite the NIC in to do a truly independen­t audit.”

Mike Stewart, State House Democratic Caucus Chairman

But Stewart presented internal documents and ACA material indicating that its audits are preannounc­ed and that management at each prison is given time to prepare for the auditors’ visits.

Stewart also distribute­d documents from the Correction­al Accreditat­ion Manager’s Associatio­n, an affiliate of the ACA that helps prison officials prepare for ACA accreditat­ion visits. The documents instruct prison managers on what to do for visiting ACA auditors, down to the kinds of hotels and motels to house them, the kinds of vehicles to transport them in and that if gifts are given, to keep them under $25 “and easily carried on a plane.”

“Everything we see about the organizati­on suggests that it is essentiall­y working hand in hand with our correction­al management,” Stewart said. “That may serve some purposes, but it disqualifi­es it as the organizati­on that should be conducting this particular independen­t review.

“I think the best thing the commission­er could do is invite the NIC in to do a truly independen­t audit. We don’t have the correction­s oversight committee, so unfortunat­ely we don’t have a team of legislativ­e experts that have spent years learning about our prisons like we used to. Let’s get this independen­t body in here and have them conduct an investigat­ion. Presumably, if a lot of what we’re hearing from the department is correct, then the department will be vindicated. They should have no reason to fear a truly independen­t investigat­ion.”

Stewart, the secondrank­ing Democrat in the House, called statistics released by the Department of Correction indicating that violence inside the prisons is down “a shell game” because the agency reclassifi­ed assaults.

“We’ve been hearing assaults are down. But as assaults went down, related provocatio­ns went up, so its pretty obvious that what you’ve got is a reclassifi­cation — not a true statistic that shows greater safety,” he said.

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