Making Cain over Louisiana Prison contracts
  // Tuesday, 18 August 2015 12:02 //

louisiana-legislatureby Tom Aswell, Publisher of Louisiana Voice
The combined revenues of $3.5 billion and net profits of $697 million for 2014, America’s two largest private prison companies, Corrections Corporation of America and the GEO Group clearly illustrate the profit potential in the operation of private prisons.


It’s no wonder. With 2.4 million people incarcerated in this country, America easily leads the civilized world with more than 700 of every 100,000 of its citizens kept behind bars. The Russian Federation is a distant second at 474 per 100,000 imprisoned. Canada has 118 per 100,000 of its population incarcerated. The four Scandinavian countries have the fewest number per 100,000 in prison. The numbers for them are, in order: Denmark (73), Norway (72), Sweden (67) and Finland (58).

If Louisiana were a nation, it would double the U.S. ratio. (At least we’re number one in the world at something.) Latest figures show 1,420 of every 100,000 Louisiana citizens (one of every 86 adults) is housed in a cell, giving Louisiana the distinction of having the highest rate in the world. Nearly two-thirds of those are non-violent offenders. We should be so proud. Louisiana’s rate of incarceration is three times that of Russia, nearly 10 times that of the United Kingdom, 12 times Canada’s rate, and 24 times that of Sweden.

But private prisons are not the only ones benefitting from the glut of prisoners in Louisiana. There are the prison telephone systems which charge exorbitant rates to prisoners’ families for collect calls home. The phone companies are protected by state contracts, making their operations a literal monopoly.

And then there are the privately-run prison work release, or “transitional work program” companies and that’s where the waters really get murky.

Most work release programs are supervised by parish sheriffs and some are kept in-house by the sheriffs. The one common thread is that all of them use the profits from inmate labor to underwrite other operations of the sheriffs’ departments. There have been private work release companies to spring up, operate for a while and then disappear, notably Northside Workforce in St. Tammany Parish as well as privately-run programs in Lafayette and Iberia parishes.

One such company isn’t likely to face the operational pitfalls experienced by the others, however. That is because of its connections to the top brass at the Louisiana Department of Corrections and Louisiana State Prison at Angola, connections that likely even extend into the governor’s office.

Louisiana Workforce, LLC (no connection with the Louisiana Workforce Commission) has been around for 10 years since it was founded on Feb. 4, 2005 by Paul Perkins. Both Perkins and Louisiana Workforce have been active in writing campaign checks to sheriffs, key legislators and Jindal since 2009.

It was not until 2014, however that Louisiana Workforce really burst onto the scene in a big way. Following an inmate’s escape from a Northside Workforce jobsite in St. Tammany that same year, Department of Corrections (DOC) Secretary James LeBlanc mandated that local sheriffs not be approved for outsourcing work-release programs without first going through a competitive bid process.

The only problem was, the process turned out to be not so competitive.

That’s not unusual if you take the trouble to talk to business owners who find themselves shut out of the state contract bid process. If they are completely candid, they will tell you that if a state agency prefers a given vendor, the specifications can be—and often as not, they are—written in such a manner as to eliminate all but the preferred vendor.

The practice is similar to, though not quite as blatant as, the north Louisiana parish police jury which, way back in the 1970s when I was a young reporter, decided to purchase a used bulldozer. When the advertisement for bids was published in the parish’s official journal (the local newspaper), the specifications included the serial number of the ‘dozer which quite understandably narrowed the field of eligible bidders somewhat.

It turned out that even though six private providers, along with a representative from the Beauregard Parish Sheriff’s Office, attended a pre-bid conference, Louisiana Workforce, LLC, in partnership with the Beauregard sheriff’s office, submitted the only bid.

Perkins is a former assistant warden at Louisiana State Prison at Angola who was earning $75,000 a year until his retirement in 2001. He also is a former business partner of both LeBlanc and Angola Warden Burl Cain. All that may or may not have played a part in the apparent easy manner in which Louisiana Workforce got the contract by default, but one competitor suggested that it may not have hurt.

It also may not have hurt that Perkins and Louisiana Workforce combined to pour nearly $40,000 into the political campaigns of five of the six sheriffs with whom Louisiana Workforce has contracts, or that another $15,000 was contributed to Bobby Jindal, or that thousands more to members of the legislature who sit on key committees like House Appropriations, House Criminal Justice or one of the three Senate judiciary committees.

Perhaps it is only a coincidence that Burl Cain asked for and received a favorable ruling from the State Board of Ethics in 2012 permitting him to be compensated for providing consulting services on a part-time basis to Louisiana Workforce—and even allowing him to have a “small minority ownership” in the company. It is not known whether or not Burl Cain actually performs any consulting work or receives any monetary recompense because while he, like all administrative personnel, is required to file a financial disclosure form with the state, he is not required to fill out a complete disclosure.

Even LeBlanc in 2006 received Ethics Board approval to offer consulting services or even own an interested in an unspecified work-release program.

Perkins said that while he feels Cain would be a valuable addition to his company and even though the Ethics Board approved such an arrangement, he felt that it would be a mistake for Cain to work for him while also serving as Angola warden.

But that does not by any measure preclude the presence of Cain influence on operations at Louisiana Workforce. The Louisiana prison system over the years has indisputably become a Cain family fiefdom.

DOC has something called Prison Enterprises which, on the surface, is a good thing in that it allows prisoners to learn marketable skills while at the same time providing a source of income to help fund prison operations. But Prison Enterprises is more than simply a means to sell soybeans, corn and cotton grown on the sprawling Angola farm; it is also a means of enrichment for enterprising (forgive the pun) entrepreneurs.

DOC’s own web page touts its Transitional Work Program (formerly work release) which certain eligible offenders may enter from one to three years prior to their release, “depending on the offense of conviction.” Participants “are required to work at an approved job and, when not working, they must return to the structured environment of the assigned facility,” the web page’s description of the program says. The “assigned facility,” of course, refers to the housing provided by private companies like Louisiana Workforce.

“Probation and Parole Officers are assigned monitoring responsibilities for contract transitional work programs,” it said. Claiming that transitional work programs are successful in assisting in the transition from prison back into the work force, the web page claims that 10 to 20 percent of offenders “remain with their employer upon release.”

Additionally, the two-paragraph description says, a second program called the Rehabilitation and Workforce Development Program, allows prisoners who have become skilled craftsmen to be placed in higher paying jobs where they “are able to make wages to maintain self-sufficiency.”

But then a peculiar thing occurs when readers are instructed to “click here” to see a list of transitional work programs throughout the state. Thinking we would find other companies similar to Louisiana Workforce, we clicked and presto! We were returned to DOC’s main page.

So, with Prison Enterprises overseeing the operations of DOC’s Transitional Work Program, who do you suppose presides over Prison Enterprises?

That would be Michael Moore, who earns $128,500 per year as Prison Enterprise Director. But serving right under him is none other than Marshall Cain, one of Burl Cain’s two sons who holds the title of DOC Prison Enterprise Regional Manager at $63,500 per year. Cain’s other sun, Nathan Cain, earns $109,000 per year as Warden of Avoyelles Correctional Center. (The elder Cain pulls down $167,200 as Angola Warden.)

But the key person in all this is Seth Smith, Burl Cain’s son-in-law, who earns $150,000 per year as a DOC Confidential Assistant. That’s more than his boss, LeBlanc, who makes $136,700 as DOC Secretary. So what does a confidential assistant do for that salary? Well, for openers, he assigns which prisoners go into the Transitional Work Program for parish sheriffs and private operators like Louisiana Workforce.

And since Louisiana Workforce gets to keep 62 percent of each prisoner’s earnings, plus $5 per day for each inmate it houses, it certainly would be to the company’s benefit to receive the most skilled workers for placement in the Transitional Work Program. After all, 62 percent of say, $15 per hour for skilled labor is considerable more than 62 percent of a minimum wage job like flipping hamburgers, for example.

One employer who hired an inmate through the program, wrote in a letter to the editor of the Baton Rouge Advocate last November that the system was rigged against the inmate. He cited an example of an inmate earning $200 per week. After the 62 percent is held out, he would be left with $76 before taxes and Social Security, leaving him only about $36 for a week’s work.

Then, he said, the program runs a commissary where inmates are charged “inflated prices” for necessities such as soap, toothpaste, deodorant, etc., leaving them with “virtually nothing to start a new life.”http://theadvocate.com/news/opinion/10768344-123/letter-inmates-left-with-pittance#comments

There are two sides of this scenario, of course. There is the argument that they are in prison because they committed a crime and therefore, should not be afforded favorable treatment. The other argument is that by working at below-market wages, they are keeping honest, law-abiding people from jobs they need to support their families.

But lost in both those arguments is the windfall profits reaped by the private vendors who are fortunate enough to have an inside track to the decision-makers at DOC and the sheriffs who run their own prisons.

Perkins and his company, Louisiana Workforce, LLC, have combined to contribute to five of the sheriffs with whom his company has contracts:

  • East Baton Rouge Sheriff Sid Gautreaux: $15,000;
  • Livingston Parish Sheriff Jason Ard: $4,500;
  • Iberia Parish Sheriff Louis Ackal: $7,000;
  • Terrebonne Parish Sheriff Jerry Larpenter: $4,340;
  • West Feliciana Parish Sheriff Austin Daniel: $6,850.

But the combined $37,690 to those five sheriffs doesn’t end there; he and his company have also contributed $15,000 to Jindal and thousands more to members of key legislative committees.

Small wonder.

An article in the New Orleans Advocate on Oct. 13, 2014, noted among other things that with Louisiana Workforce’s acquisition of the Phelps Correction Center in DeRidder, the company had about 1,200 inmates working in its work-release program. At an average of say, 62 percent of an average of only $10 per hour, plus another $5 per day for housing each inmate, Louisiana Workforce would receive nearly $17 million a year. At an average of $12 per hour, the paper said, the income would approach $20 million annually.http://www.theneworleansadvocate.com/features/music/10477753-171/work-release-operator-with-ties-to

It’s a system open for abuse with only minimal oversight. On Sunday, Associated Press moved a story in which inmates at a privately-run Nashville, TN., jail operated by Corrections Corporation of America, the largest private prison operation in the U.S., say they worked without pay to build commemorative games, bird houses, dog beds, and plaques which prison officials then sold online and at a flea market. http://www.msn.com/en-us/news/crime/inmates-say-they-worked-for-free-for-jail-officials/ar-BBlNdCG?ocid=iehp

To back up their claim, two of the prisoners said they concealed their names and the number of the Tennessee statute that makes it illegal for prison officials to profit off inmate labor beneath pieces of wood nailed to the backs of the items.

In 2010, the Louisiana Office of Inspector General (OIG) issued a report that said Louisiana Workforce employees forged or altered several dozen employer work-release forms and inmate authorization forms upon learning that DOC was going to make a site visit to its East Baton Rouge Parish facility. One employee, an assistant warden, admitted to forging at least 26 such forms and the OIG report said that higher-ups at Louisiana Workforce knew of the actions.

LeBlanc, in his response to the report, said that DOC had “no jurisdiction” to discipline the Louisiana Workforce staff, in effect saying that Louisiana Workforce is left to discipline itself.

And in 2013, the Legislative Auditor’s Office issued a report that challenged the use of inmate labor by then-Terrebonne Parish Sheriff Vernon Bourgeois to renovate a building used by Louisiana Workforce’s program. The audit said the cost of that labor was about $350,000 and the auditor’s office said the use of free inmate labor for the project may have been in violation of the Louisiana Constitution

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