WEBVTT - CoreCivic: Unlocking the Truth

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<v Speaker 1>For more than thirty years. We've put service at the

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<v Speaker 1>center of everything we do, working side by side with government.

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<v Speaker 1>We serve people, we serve ideals, We serve the public good.

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<v Speaker 1>Corrections Corporation of America has been under screeting before, Bakers

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<v Speaker 1>sparred over the treatment of inmates and privately run cour

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<v Speaker 1>Civic jail watching while an enmy was beaten, failed to

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<v Speaker 1>turn over, understaffed, putting employees at risk people even keeping

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<v Speaker 1>people safe. We are cour Civic. Welcome to Calling Bullshit

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<v Speaker 1>podcast about purpose washing, the gap between what companies say

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<v Speaker 1>they stand for and what they actually do, and what

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<v Speaker 1>they would need to change to practice what they preach.

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<v Speaker 1>I'm your host, time onto you, and I've spent over

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<v Speaker 1>a decade helping companies define what they stand for, their

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<v Speaker 1>purpose and then help them to use that purpose to

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<v Speaker 1>drive transformation throughout their business. Unfortunately, at a lot of

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<v Speaker 1>organizations today, they're still a pretty wide gap between word. Indeed,

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<v Speaker 1>that gap has a name. We call it bullshit. But,

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<v Speaker 1>and this is important, we believe that bullshit is a

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<v Speaker 1>treatable disease. So when the BS detector lights up, we're

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<v Speaker 1>going to explore things that a company should do to

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<v Speaker 1>fix it. In this episode, we're going to take a

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<v Speaker 1>look at Course Civic, a private risen company whose purposes

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<v Speaker 1>quote to provide high quality, compassionate treatment to all those

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<v Speaker 1>in our care. We operate safe facilities that provide education

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<v Speaker 1>and effective reentry programming to help individuals make positive changes

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<v Speaker 1>so they can return to the community successfully. That sounds

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<v Speaker 1>like a worthy purpose, but Course Civic operates in an

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<v Speaker 1>industry that raises some profound questions about the nature of

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<v Speaker 1>for profit incarceration. Questions like what happens when your purpose

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<v Speaker 1>and your business model are in direct opposition to one another,

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<v Speaker 1>what role does the government play in helping or hindering

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<v Speaker 1>Course Civic from achieving its purpose? And ultimately, do we

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<v Speaker 1>see any gaps between word and d. With the help

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<v Speaker 1>of an A c O. You attorney, a professor of

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<v Speaker 1>immigration rights, and the director of the Nolan Center for Justice,

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<v Speaker 1>We're about to find the answers to understand the story

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<v Speaker 1>of Course Civic. We first need to understand the story

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<v Speaker 1>of private prisons in America, and to do that, we

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<v Speaker 1>really need to understand our country's entire history of punishment

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<v Speaker 1>and incarceration. Historically, punishment for those convicted of a crime

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<v Speaker 1>tended to be direct, immediate and public convicts were shackled

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<v Speaker 1>and put on display in the town square or sometimes

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<v Speaker 1>whipped or in extreme cases, publicly put to debt. Some

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<v Speaker 1>would argue this was barbaric, but one redeeming quality was

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<v Speaker 1>it was completely transparent. Everybody knew what the state was

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<v Speaker 1>doing to its citizens. But in sev seven, the Pennsylvania

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<v Speaker 1>Prison Society implemented the separate confinement theory of punishment. Instead

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<v Speaker 1>of inflicting immediate pain or shame on a criminal, the

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<v Speaker 1>separate confinement theory emphasized isolated confinement of the prisoners to

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<v Speaker 1>give them ample time to ponder their mistakes and make

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<v Speaker 1>their peace with God, also known as penance, hence the

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<v Speaker 1>term penitentiary. Both a philosophical and architectural punishment strategy, separate

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<v Speaker 1>confinement quickly became the dominant practice in states throughout America.

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<v Speaker 1>This practice moved the punishment of citizens by the government

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<v Speaker 1>out of public view. It now took place behind paul

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<v Speaker 1>walls and locked gates. In eighteen sixty, with the Civil

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<v Speaker 1>War now over, the thirte Amendment finally abolished slavery. However,

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<v Speaker 1>within that amendment, the six word clause except as punishment

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<v Speaker 1>for crime, legally permitted prisons to lease out prisoners as

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<v Speaker 1>involuntary servants to private industry. This convict leasing clause resulted

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<v Speaker 1>in a dramatic increase of prisoner primarily black men, and

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<v Speaker 1>normalize the practice of prison labor. The concept of a

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<v Speaker 1>federal prison was established in eighteen ninety one with the

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<v Speaker 1>Three Prisons Act, and by nineteen thirty Congress stepped in

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<v Speaker 1>once more to create the Bureau of Prisons to manage

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<v Speaker 1>the growing number of federal penitentiaries. In the subsequent decades,

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<v Speaker 1>the Bureau of Prisons nearly doubled the number of inmates

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<v Speaker 1>and prisons. It also modernized its practices during this time,

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<v Speaker 1>making quote rehabilitation and treatment the leading doctrines in corrections. Then,

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<v Speaker 1>in the nineteen sixties, as a reaction to the Vietnam

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<v Speaker 1>War protests, uprisings in l a and in Harlem, and

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<v Speaker 1>the Watts Right, President Johnson called for a quote war

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<v Speaker 1>on crime. The American people have had enough of rising

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<v Speaker 1>crime and lawlessness in this country. President Nixon campaigned as

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<v Speaker 1>the law and order President. I pledged to you, the

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<v Speaker 1>wave of crime is not going to be the wave

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<v Speaker 1>of the future. In America and then President Reagan declared

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<v Speaker 1>his war on drugs our society. By the time President

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<v Speaker 1>Clinton left office, prison populations had risen more than under

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<v Speaker 1>the previous two administrations combined. Because each administration had doubled

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<v Speaker 1>down on who could be the toughest on crime, they

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<v Speaker 1>were now more prisoners than prisons to hold them. America

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<v Speaker 1>had a prison problem, and so three entrepreneurs from Tennessee

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<v Speaker 1>did what entrepreneurs do. They came up with an idea

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<v Speaker 1>to solve this problem, and the private prison was born.

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<v Speaker 1>The Corrections Corporation of America was founded in nineteen eighty

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<v Speaker 1>three by then chairman of the Tennessee Republican Party Thomas Beasley,

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<v Speaker 1>American Correctional Association President T. Don Huddo, and real Estate

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<v Speaker 1>CFO Robert Krantz. At the time, forty one states had

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<v Speaker 1>been declared by the federal courts to be operating their

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<v Speaker 1>prison systems in an unconstitutional fashion. Corrections Corporation of America

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<v Speaker 1>saw an opportunity to capitalize on what they said was

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<v Speaker 1>a complacent government operation that was overwhelmed with demand. The

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<v Speaker 1>system is and has been in a downwards viral for

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<v Speaker 1>many many years, overcrowding and virtually every facility at the federal, state,

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<v Speaker 1>and local level. Corrections Corporation of America was founded in

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<v Speaker 1>early nineteen eighty three with one goal in mind, provide

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<v Speaker 1>an innovative alternative to the administrative and budgetary constraints of

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<v Speaker 1>the existing corrections and detention systems. Their two years later,

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<v Speaker 1>with over one point eight billion dollars in annual revenue,

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<v Speaker 1>and now renamed Course Civic, the company is the largest

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<v Speaker 1>private prison corporation in the United States, operating approximately eighty

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<v Speaker 1>correctional and detention facilities. Until recently, I had never even

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<v Speaker 1>heard of Course Civic. They first caught my attention on

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<v Speaker 1>Newsweek's list of the most Responsible Companies of one that

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<v Speaker 1>made me curious, So I did a little googling issues

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<v Speaker 1>ranging from inadequate safety equipment to extreme procedural hundred grievances

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<v Speaker 1>alleging mistreatment and excessive force, from medical issues to alleged

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<v Speaker 1>officers claimed the conditions inside the detention identified serious concerns

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<v Speaker 1>regarding detainee care, and I was amazed at what my

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<v Speaker 1>research revealed. Increasing violence and deadly violence. That's Sharon Brett,

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<v Speaker 1>legal director at the American Civil Liberties Union of Kansas.

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<v Speaker 1>When these things started to come to our attention and

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<v Speaker 1>we are tracking them. We said, it sounds like there's

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<v Speaker 1>something bigger going on here. Sharon's story of the a

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<v Speaker 1>c l U and other Kansas public defenders trying to

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<v Speaker 1>shut down Course Civics Leavenworth facility was only one of

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<v Speaker 1>a long list of alarming reports. Course Civic says its

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<v Speaker 1>purpose is to provide high quality, compassionate treatment to all

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<v Speaker 1>of those in their care, to operate safe facilities, and

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<v Speaker 1>to help individuals make positive changes so they can return

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<v Speaker 1>to the community successfully. So is that actually true or

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<v Speaker 1>is it just a bunch of bullshit? Get out your

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<v Speaker 1>BS detectors, folks and set them on high, because this

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<v Speaker 1>one gets deep. More on that right after this before

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<v Speaker 1>you head to the break. We'd love to hear what

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<v Speaker 1>you think about the show. Maybe you were inspired to

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<v Speaker 1>take action, Maybe you disagree with today's bullshit rating. Either way,

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<v Speaker 1>we want to hear about it. Leave us a message

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<v Speaker 1>at two one two five oh five three zero five,

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<v Speaker 1>or send a voice memo to CBS podcast at co

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<v Speaker 1>collective dot com. You might even be featured on an

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<v Speaker 1>upcoming episode Welcome Back to better understand the private prison

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<v Speaker 1>business model and to figure out if it's even possible

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<v Speaker 1>for cour Civic to truly live their purpose. I first

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<v Speaker 1>spoke with an attorney with deep expertise in the criminal

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<v Speaker 1>justice system, Sharon Brett, legal director at the a c

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<v Speaker 1>l U Kansas. Okay, well, let's get into it. Sharon,

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<v Speaker 1>thank you so much for joining us today. Welcome to

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<v Speaker 1>the Bullshit Podcast. Thanks for having me. I want to

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<v Speaker 1>start out by just delving into your experience with the

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<v Speaker 1>Leavenworth Prison, which is a Coursivic facility, and I wonder

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<v Speaker 1>if you could just talk about why you and other

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<v Speaker 1>public defenders decided to take action there. We heard from

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<v Speaker 1>a number of people through our legal intake system at

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<v Speaker 1>the a c l U of Kansas that there were

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<v Speaker 1>problems at Coursivic Love and Worth that were increasing over

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<v Speaker 1>the last eight to ten months or so. The facility

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<v Speaker 1>was getting more violent, there was more drugs and contraband

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<v Speaker 1>inside the facility. There are fewer staff members around, and

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<v Speaker 1>so it seemed like the facility was really struggling just

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<v Speaker 1>to cover the basic shifts. And when we talked with

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<v Speaker 1>our partners at the Federal Public Defenders Office in Kansas,

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<v Speaker 1>they have been hearing the same thing from their clients,

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<v Speaker 1>and they had atually had seen the same stuff from

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<v Speaker 1>their clients when they had gone to visit their clients

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<v Speaker 1>or speak with them over the phone, and that became

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<v Speaker 1>alarming to us. Right, So what did you discover as

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<v Speaker 1>a result of stepping in. We talked to some former

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<v Speaker 1>correctional officers at Percivic and they had talked about how

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<v Speaker 1>they had quit because they felt unsafe at their job.

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<v Speaker 1>We talked to what individual who had been stabbed multiple

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<v Speaker 1>times by people incarcerated at the facility. Yeah, he'd been

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<v Speaker 1>sent to local hospitals for treatment three different times, and

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<v Speaker 1>he finally said enough is enough. And there's a point

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<v Speaker 1>over the summer where the locks didn't work on a

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<v Speaker 1>lot of the cells inside the facility. What I mean,

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<v Speaker 1>whether they deserve to be in there or not is

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<v Speaker 1>a completely different issue. But once they're in there, it

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<v Speaker 1>seems like you want doors that have locks that work.

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<v Speaker 1>And you you mentioned something when you were relaying the

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<v Speaker 1>story that stuck out to me. Are there, in general

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<v Speaker 1>fewer guards in private prisons than in regular government facilities?

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<v Speaker 1>There certainly shouldn't be. There's no separate set of standards

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<v Speaker 1>that apply to correctional facilities that are run for profit.

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<v Speaker 1>I see, and but were there fewer at Leavenworth than

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<v Speaker 1>than they're needed to be? That's what we understand. And

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<v Speaker 1>this location, I understand is contracted with the US Marshalls Service.

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<v Speaker 1>Is that correct? Yes, So the facility run by Coursivic

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<v Speaker 1>and Love and Worth is under a contract with the U.

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<v Speaker 1>S Marshall Service, which means that it holds people who

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<v Speaker 1>are facing federal charges but who have not yet been

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<v Speaker 1>convicted or have pled guilty to those charges. So it's

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<v Speaker 1>all people who are pre trial on federal charges inside

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<v Speaker 1>that facility. I see. Okay, And could you just for

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<v Speaker 1>our listeners talk a little bit about how private prison

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<v Speaker 1>contracts generally work. They sort of work how any other

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<v Speaker 1>business contract would work. So you have an entity that

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<v Speaker 1>needs a service. In this case, the service is the

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<v Speaker 1>caging of human beings who are facing federal charges, and

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<v Speaker 1>they put in a bid for that contract, and there's

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<v Speaker 1>regulations on the federal government side that governed the type

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<v Speaker 1>of care that needs to be provided. And obviously, because

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<v Speaker 1>this private company is assuming the role of the jailer

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<v Speaker 1>for the federal government, the private company has to comply

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<v Speaker 1>with things like the United States Constitution just as the U. S.

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<v Speaker 1>Martial Service would. Can you tell us a little more

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<v Speaker 1>about the executive order from President Biden which prevents Courcivic

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<v Speaker 1>from renewing the leaven Worth contract and what that might

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<v Speaker 1>mean for cour Civic and other private prisons. So one

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<v Speaker 1>of the first things that President Biden did when he

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<v Speaker 1>took office was issued this executive order which called on

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<v Speaker 1>the U. S. Martial Service and the Federal Bureau of Prisons,

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<v Speaker 1>which holds the post trial that convicted population on federal charges.

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<v Speaker 1>Called on those two entities, which fall under the Department

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<v Speaker 1>of Justice, to end contracts with private detention companies like

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<v Speaker 1>cours Civic and the Geo Group and others, So once

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<v Speaker 1>they reach their term of expiration, the contract would be done,

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<v Speaker 1>that relationship would end, And Biden's executive order prevented the

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<v Speaker 1>Department of Justice from entering into any new contracts to

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<v Speaker 1>hold federal detainees or federal prisoners at a facility run

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<v Speaker 1>by a private corporation. Why did they do that. I

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<v Speaker 1>think it came from this recognition that private companies are

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<v Speaker 1>not going to place the constitutional rights of the people

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<v Speaker 1>that they detain over their profit votives. Yeah, that's a

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<v Speaker 1>big question. Mark for me when I read Course civics

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<v Speaker 1>stated mission. They say their mission is to operate safe

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<v Speaker 1>facilities that provide education and effective reentry programming to help

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<v Speaker 1>individuals make positive changes so they can return to the

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<v Speaker 1>community successfully, which is a great mission. It's just that

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<v Speaker 1>many of those tenants are in direct opposition to the

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<v Speaker 1>business model. In other words, there's so many incentives to

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<v Speaker 1>cut corners on safety, on mental and physical health, on nutrition,

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<v Speaker 1>on rehabilitation. I'm interested in how they justify that if

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<v Speaker 1>you have heard them speak to that, and I also

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<v Speaker 1>wonder how the government justifies that. Well. One thing I

0:16:48.320 --> 0:16:54.880
<v Speaker 1>think is unique about prison corporations is that the public

0:16:55.720 --> 0:16:59.880
<v Speaker 1>truly lacks access to what's actually happening inside the walls,

0:17:00.040 --> 0:17:02.880
<v Speaker 1>and the shareholders of that company lack access to what's

0:17:02.880 --> 0:17:07.200
<v Speaker 1>happening inside those facilities. So they can have such a bold,

0:17:07.280 --> 0:17:11.120
<v Speaker 1>beautiful mission statement like the one Course Civic has and

0:17:11.200 --> 0:17:14.919
<v Speaker 1>completely and utterly failed to live up to it, and

0:17:15.040 --> 0:17:19.040
<v Speaker 1>no one would have any idea. Frankly, there's a large

0:17:19.160 --> 0:17:22.280
<v Speaker 1>portion of America and a large portion of our politicians

0:17:22.560 --> 0:17:26.200
<v Speaker 1>who don't really care what's happening to people who are incarcerated.

0:17:26.600 --> 0:17:29.440
<v Speaker 1>That begs the question, do we know if Course Civic

0:17:29.520 --> 0:17:32.520
<v Speaker 1>is measuring any of these things? In other words, does

0:17:32.640 --> 0:17:37.199
<v Speaker 1>data exist that we don't have access to? Not that

0:17:37.240 --> 0:17:41.800
<v Speaker 1>I've seen, So I can't find data on their website

0:17:42.080 --> 0:17:44.800
<v Speaker 1>about a lot of things that I would typically look

0:17:44.840 --> 0:17:47.840
<v Speaker 1>for in measuring whether they're running a constitutional prison. And

0:17:48.520 --> 0:17:50.720
<v Speaker 1>maybe it's worth saying, for a moment, backing up a

0:17:50.720 --> 0:17:52.440
<v Speaker 1>little bit and talking about the work that I did

0:17:52.480 --> 0:17:54.480
<v Speaker 1>before I came to the sail you, because I think

0:17:54.520 --> 0:17:57.280
<v Speaker 1>it's a little bit relevant here, please do yes. So

0:17:57.400 --> 0:18:00.119
<v Speaker 1>for a while, I started my career as an attorney

0:18:00.240 --> 0:18:03.280
<v Speaker 1>with the Department of Justice in the Civil Rights Division,

0:18:03.440 --> 0:18:06.600
<v Speaker 1>so not the part of the Department of Justice that

0:18:06.680 --> 0:18:09.679
<v Speaker 1>houses federal prisoners, but the part of the Department of

0:18:09.720 --> 0:18:14.959
<v Speaker 1>Justice that investigates state and local facilities for constitutional violations

0:18:14.960 --> 0:18:18.320
<v Speaker 1>within their prisons in jails. So I have years of

0:18:18.359 --> 0:18:23.080
<v Speaker 1>experience going into facilities that are under consent decrees with

0:18:23.160 --> 0:18:27.800
<v Speaker 1>the federal government because they run unconstitutional prisons and jails,

0:18:27.800 --> 0:18:30.400
<v Speaker 1>and there's you look at those consent decrees and there's

0:18:30.440 --> 0:18:33.359
<v Speaker 1>a whole list of things that the facility needs to

0:18:33.400 --> 0:18:35.760
<v Speaker 1>be measuring to show that they're in compliance with the

0:18:35.800 --> 0:18:39.720
<v Speaker 1>Constitution and you don't see that type of data or

0:18:39.760 --> 0:18:42.840
<v Speaker 1>that reporting on coursivis website, and it's certainly not stuff

0:18:42.880 --> 0:18:46.119
<v Speaker 1>that's talked about in their shareholder calls either, because what

0:18:46.160 --> 0:18:48.800
<v Speaker 1>they're trying to do in those calls is get people

0:18:48.880 --> 0:18:53.440
<v Speaker 1>to invest in their company. So if they were producing

0:18:53.560 --> 0:18:58.160
<v Speaker 1>data such as the numbers of incidents of force inside

0:18:58.160 --> 0:19:02.480
<v Speaker 1>the facility, the number of sexual assaults occurring inside a facility,

0:19:03.040 --> 0:19:06.919
<v Speaker 1>the number of complaints received by people incarcerated there, and

0:19:06.960 --> 0:19:10.800
<v Speaker 1>whether any of those had merit, they wouldn't be raking

0:19:10.840 --> 0:19:13.280
<v Speaker 1>in the profits. I think if they were actually reporting

0:19:13.320 --> 0:19:17.440
<v Speaker 1>on the numbers of what's up actually happening inside. Does

0:19:17.640 --> 0:19:22.520
<v Speaker 1>the Freedom of Information Act apply to cour Civic coursivis

0:19:22.640 --> 0:19:26.040
<v Speaker 1>a private entity, so there are some case law that

0:19:26.080 --> 0:19:29.840
<v Speaker 1>says that they don't have to respond to those foyer requests,

0:19:29.840 --> 0:19:32.600
<v Speaker 1>and I think this has been something that's been fought

0:19:32.680 --> 0:19:36.760
<v Speaker 1>in courts before, but it's a real concern. So there's

0:19:36.880 --> 0:19:40.840
<v Speaker 1>just this lack of access to what's actually happening inside

0:19:40.880 --> 0:19:44.200
<v Speaker 1>of there. And I will say even state agencies or

0:19:44.480 --> 0:19:48.639
<v Speaker 1>or state facilities that are subject to state based open

0:19:48.720 --> 0:19:53.119
<v Speaker 1>records laws, or the federal government which is subject to FOIA,

0:19:53.720 --> 0:19:57.040
<v Speaker 1>it still can be very, very difficult to get data.

0:19:57.600 --> 0:20:03.760
<v Speaker 1>Do for profit private prisons legally infringe on a person's

0:20:03.800 --> 0:20:07.320
<v Speaker 1>civil liberties? In other words, are they legal? I think

0:20:07.359 --> 0:20:11.680
<v Speaker 1>that they are legal entities. Right. The federal government has

0:20:11.720 --> 0:20:15.000
<v Speaker 1>the authority to contract out for services to private corporations.

0:20:15.040 --> 0:20:18.399
<v Speaker 1>They do that all the time for all sorts of

0:20:18.400 --> 0:20:20.880
<v Speaker 1>different things. Right. They do it in the military, they

0:20:20.920 --> 0:20:25.640
<v Speaker 1>do it in industry. I think it's how private prisons

0:20:25.920 --> 0:20:31.040
<v Speaker 1>run their business that's unconstitutional. Right, How how would you

0:20:31.080 --> 0:20:36.160
<v Speaker 1>say the government is implicated in the supply and demand

0:20:36.520 --> 0:20:39.479
<v Speaker 1>of this business model? In other words, have we created

0:20:39.520 --> 0:20:44.840
<v Speaker 1>a culture of mass incarceration without a doubt? And that's

0:20:44.960 --> 0:20:48.240
<v Speaker 1>not just on the private prison industries backs, right, that's

0:20:48.280 --> 0:20:53.040
<v Speaker 1>on politicians dating back decades. But mass incarceration is here.

0:20:53.080 --> 0:20:56.400
<v Speaker 1>It has been here for a long time. And I

0:20:56.440 --> 0:20:58.440
<v Speaker 1>want to take a moment to mention because I haven't

0:20:58.480 --> 0:21:01.240
<v Speaker 1>mentioned it yet here, but I think it's an important point.

0:21:02.119 --> 0:21:05.600
<v Speaker 1>The vast majority of people who are incarcerated across our

0:21:05.640 --> 0:21:13.480
<v Speaker 1>country are people of color, and this system disproportionately impacts

0:21:13.520 --> 0:21:18.960
<v Speaker 1>minorities and disproportionately impacts people without economic means, and so

0:21:19.600 --> 0:21:23.760
<v Speaker 1>there's an element of what these private corporations are doing here,

0:21:23.880 --> 0:21:30.160
<v Speaker 1>which is reinforcing white supremacy and reinforcing a deeply racist

0:21:30.160 --> 0:21:34.160
<v Speaker 1>criminal legal system in our country and allowing that to perpetuate.

0:21:35.240 --> 0:21:38.480
<v Speaker 1>Some of the statistics are eye popping. One out of

0:21:38.560 --> 0:21:42.919
<v Speaker 1>every three black boys born today can expect to go

0:21:43.000 --> 0:21:46.720
<v Speaker 1>to prison in his lifetime, one in every six Latino

0:21:46.840 --> 0:21:52.480
<v Speaker 1>boys compared to one of every seventeen white children. And

0:21:53.000 --> 0:21:57.760
<v Speaker 1>the fastest growing prison population is female. But I will

0:21:57.880 --> 0:22:01.440
<v Speaker 1>say that the prison population has begun to go down

0:22:02.080 --> 0:22:04.280
<v Speaker 1>overall in the country, and I think that's as we

0:22:04.359 --> 0:22:09.679
<v Speaker 1>recognize that prisons are not the answer to many of

0:22:09.720 --> 0:22:12.680
<v Speaker 1>the problems that plague society, and that we really need

0:22:12.680 --> 0:22:16.840
<v Speaker 1>to be reinvesting in our communities, in jobs, in education,

0:22:17.000 --> 0:22:20.200
<v Speaker 1>in housing. That's the way that you prevent crime, not

0:22:20.280 --> 0:22:24.560
<v Speaker 1>by incarcerating people. We will never incarceraate ourselves out of

0:22:24.560 --> 0:22:27.159
<v Speaker 1>a crime in the United States. It's not possible to

0:22:27.160 --> 0:22:29.800
<v Speaker 1>do that, and in fact, lots of studies have shown

0:22:29.880 --> 0:22:33.119
<v Speaker 1>that long periods of incarceration actually don't do a whole

0:22:33.160 --> 0:22:35.879
<v Speaker 1>heck of a lot for reducing the crime rate. What

0:22:35.960 --> 0:22:38.400
<v Speaker 1>we need to be doing is investing in communities instead.

0:22:38.600 --> 0:22:41.119
<v Speaker 1>I read also as a part of this, there are

0:22:41.160 --> 0:22:45.040
<v Speaker 1>a number of states that spend more on incarceration than

0:22:45.080 --> 0:22:47.919
<v Speaker 1>they do on education. And that's telling right, that's telling

0:22:47.960 --> 0:22:51.280
<v Speaker 1>you where our priorities are. So the famous saying is

0:22:51.320 --> 0:22:54.960
<v Speaker 1>that budgets are a moral document. And when you look

0:22:55.000 --> 0:22:58.000
<v Speaker 1>at a budget and you see how much money goes

0:22:58.040 --> 0:23:00.880
<v Speaker 1>towards policing and how much money goes to its corrections,

0:23:00.920 --> 0:23:05.080
<v Speaker 1>and you compare that to how much goes towards alleviating

0:23:05.119 --> 0:23:10.359
<v Speaker 1>food and security, towards education, towards transportation, it really shows

0:23:10.359 --> 0:23:13.119
<v Speaker 1>you where our values are. Now, I want to delve

0:23:13.160 --> 0:23:17.320
<v Speaker 1>into the realm of essentially your opinion around the morality

0:23:17.400 --> 0:23:22.400
<v Speaker 1>of these things, because I read a book called Inside

0:23:22.400 --> 0:23:26.000
<v Speaker 1>Private Prisons and American Dilemma in the Age of Mass Incarceration,

0:23:26.040 --> 0:23:29.840
<v Speaker 1>which was an amazing book, and in it there was

0:23:29.880 --> 0:23:34.679
<v Speaker 1>a quote from a prisoner and it reads, I realized

0:23:34.880 --> 0:23:37.600
<v Speaker 1>that someone has found a way to make money off

0:23:37.640 --> 0:23:43.720
<v Speaker 1>of my mistakes, my pain, my misfortune, and that right

0:23:43.760 --> 0:23:47.680
<v Speaker 1>there was the biggest blow to the head. It was, Oh,

0:23:47.720 --> 0:23:51.160
<v Speaker 1>my god, our country is so obsessed with incarcerating us

0:23:51.200 --> 0:23:53.960
<v Speaker 1>and thinks we are such bad people that they're now

0:23:54.000 --> 0:23:58.320
<v Speaker 1>making money off of us being bad, What sort of

0:23:58.320 --> 0:24:02.520
<v Speaker 1>hope for us is there? And that really, I don't know.

0:24:02.600 --> 0:24:07.000
<v Speaker 1>That just resonated with me. It's like it's it almost

0:24:07.200 --> 0:24:10.320
<v Speaker 1>adds to the punishment in a way, to know that

0:24:10.400 --> 0:24:15.000
<v Speaker 1>you are a commodity when you think about it. The

0:24:15.000 --> 0:24:20.119
<v Speaker 1>existence of private prison companies is an acceptance of the

0:24:20.240 --> 0:24:23.919
<v Speaker 1>idea that we can and should be profiting off the

0:24:24.000 --> 0:24:28.120
<v Speaker 1>caging of human beings, that we need to be putting

0:24:28.640 --> 0:24:31.760
<v Speaker 1>more people into the criminal justice system so that we

0:24:31.800 --> 0:24:34.440
<v Speaker 1>can fill the beds, and these private facilities in turn

0:24:34.440 --> 0:24:38.000
<v Speaker 1>a profit right. The facility makes money if all of

0:24:38.000 --> 0:24:42.080
<v Speaker 1>its beds are filled, and they make less money if

0:24:42.119 --> 0:24:45.640
<v Speaker 1>we as a country begin to decarceorate. So you see

0:24:45.680 --> 0:24:49.760
<v Speaker 1>the private prison lobby pushing back against what I think

0:24:49.800 --> 0:24:52.960
<v Speaker 1>has been a trend across the country of people saying

0:24:53.840 --> 0:24:57.159
<v Speaker 1>the war on drugs was a mistake. The tough on

0:24:57.280 --> 0:25:00.920
<v Speaker 1>crime mentality of these politicians is wrong, long and immoral,

0:25:01.680 --> 0:25:04.040
<v Speaker 1>and we need to be decarcerating. We need to be

0:25:04.119 --> 0:25:06.440
<v Speaker 1>thinking about ways to keep people out of the criminal

0:25:06.480 --> 0:25:11.800
<v Speaker 1>justice system. That doesn't help private prison companies. Private prison

0:25:11.840 --> 0:25:16.359
<v Speaker 1>companies want the machinery of incarceration to continue to churn

0:25:16.480 --> 0:25:18.800
<v Speaker 1>because that's what makes them money, and so there's something

0:25:18.880 --> 0:25:23.560
<v Speaker 1>inherently immoral about that at its base. One other topic

0:25:23.600 --> 0:25:28.840
<v Speaker 1>that I wanted to touch on was I've read arguments

0:25:29.400 --> 0:25:33.639
<v Speaker 1>for private prisons that that are along the lines of

0:25:34.960 --> 0:25:38.760
<v Speaker 1>the government tends to be bad at things like innovation

0:25:39.119 --> 0:25:43.680
<v Speaker 1>and private organizations. Private businesses are where innovation really happens.

0:25:44.760 --> 0:25:49.320
<v Speaker 1>And so Coursivic says its mission is better outcomes and

0:25:49.400 --> 0:25:53.479
<v Speaker 1>a safer society. That's a great mission. It's also an

0:25:53.480 --> 0:26:01.399
<v Speaker 1>invitation for innovation. But looking through all of the available data,

0:26:01.560 --> 0:26:05.360
<v Speaker 1>I didn't see very much innovation going on in Coursivic

0:26:05.400 --> 0:26:10.000
<v Speaker 1>facilities or any private prisons. Are you aware of any

0:26:10.160 --> 0:26:13.840
<v Speaker 1>innovation taking place? Not by course Civic, but I I

0:26:13.880 --> 0:26:17.480
<v Speaker 1>would push back on the idea that we should care

0:26:17.640 --> 0:26:25.080
<v Speaker 1>the most about. There's no innovative way to cage a

0:26:25.200 --> 0:26:29.040
<v Speaker 1>human being, right There's so there's nothing innovative about the

0:26:29.080 --> 0:26:33.560
<v Speaker 1>private prison model. I could understand innovation in other industries,

0:26:33.600 --> 0:26:38.400
<v Speaker 1>but we're talking about mass caging of human beings. When

0:26:38.400 --> 0:26:41.280
<v Speaker 1>you frame it in that light, and you're like, oh, well,

0:26:41.280 --> 0:26:44.560
<v Speaker 1>private prisons could innovate here, like you could hear how

0:26:44.680 --> 0:26:51.520
<v Speaker 1>ridiculous that sounds, right? I grant you that that sounds

0:26:52.080 --> 0:26:56.680
<v Speaker 1>sound ridiculous. However, just one idea. For instance, what if

0:26:57.640 --> 0:27:04.119
<v Speaker 1>governments mandated perform and space contracts with goals like recidivism reduction,

0:27:04.240 --> 0:27:09.720
<v Speaker 1>for instance, to truly incentivize the system, to try to

0:27:09.720 --> 0:27:13.080
<v Speaker 1>prevent people from winding up back in the system. Sure,

0:27:13.240 --> 0:27:16.920
<v Speaker 1>maybe there's a contract that could improve outcomes, but I

0:27:17.440 --> 0:27:21.080
<v Speaker 1>would posit that the private corporation would say that, well,

0:27:21.119 --> 0:27:23.720
<v Speaker 1>that's not the business I'm in, Like, that's that's not

0:27:23.760 --> 0:27:28.439
<v Speaker 1>going to help me maximize my profit. And they are

0:27:28.520 --> 0:27:31.840
<v Speaker 1>there to turn a profit. Whatever their mission statement is.

0:27:32.760 --> 0:27:36.680
<v Speaker 1>Businesses have to fulfill their mission statement in a way

0:27:36.720 --> 0:27:40.240
<v Speaker 1>that earns their shareholders money, and so I just don't

0:27:40.280 --> 0:27:42.720
<v Speaker 1>see them being willing to do something like that in

0:27:42.720 --> 0:27:48.480
<v Speaker 1>a meaningful way that actually changes outcomes for people. All right, Sharon,

0:27:48.720 --> 0:27:51.760
<v Speaker 1>is there anything else on this topic that you think

0:27:51.960 --> 0:27:56.359
<v Speaker 1>listeners ought to know. The one thing that I think

0:27:56.440 --> 0:27:59.879
<v Speaker 1>is worth mentioning here is that Biden's executive order only

0:28:00.000 --> 0:28:03.840
<v Speaker 1>applies to the Department of Justice contracts. So a trend

0:28:03.880 --> 0:28:06.239
<v Speaker 1>that we are seeing across the country right now is

0:28:06.280 --> 0:28:10.600
<v Speaker 1>that as these contracts expire and are not renewed, pursuant

0:28:10.600 --> 0:28:14.960
<v Speaker 1>to the executive order. Private corporations like Coursivic and Geo

0:28:15.040 --> 0:28:19.639
<v Speaker 1>Group are looking to other federal agencies for contracts to

0:28:19.680 --> 0:28:24.000
<v Speaker 1>try to fill those beds, such as ICE. So they

0:28:24.000 --> 0:28:29.000
<v Speaker 1>are looking to turn these empty facilities into immigration detention facilities,

0:28:29.040 --> 0:28:32.919
<v Speaker 1>which raises a whole host of additional concerns, one of

0:28:33.000 --> 0:28:36.600
<v Speaker 1>them being that we were able to know what was

0:28:36.680 --> 0:28:41.080
<v Speaker 1>happening inside of Courcivic in part because the people who

0:28:41.120 --> 0:28:44.080
<v Speaker 1>are incarcerated at that facility in leaven Worth were all

0:28:44.120 --> 0:28:47.360
<v Speaker 1>pre trial, meaning they had to be able to contact

0:28:47.400 --> 0:28:50.600
<v Speaker 1>their lawyers whenever they wanted, and their lawyers had to

0:28:50.640 --> 0:28:53.160
<v Speaker 1>be able to contact them to prepare for their defense.

0:28:53.680 --> 0:28:56.720
<v Speaker 1>So the federal public defenders were able to sound the

0:28:56.760 --> 0:28:59.160
<v Speaker 1>alarm on what was happening here because they had this

0:28:59.320 --> 0:29:02.800
<v Speaker 1>right of acts us that's inherent for pre child attention facilities.

0:29:03.360 --> 0:29:07.880
<v Speaker 1>If this turns into an ICE facility, that access goes away,

0:29:08.000 --> 0:29:10.600
<v Speaker 1>and that means we will have even less of an

0:29:10.640 --> 0:29:13.720
<v Speaker 1>idea of what's happening inside. And these are people who,

0:29:14.160 --> 0:29:18.280
<v Speaker 1>by many many arguments, should not be in a detention

0:29:18.360 --> 0:29:21.680
<v Speaker 1>setting at all, agreed, and that's that's a big part

0:29:21.760 --> 0:29:25.040
<v Speaker 1>of course civics business as I understand, of all the

0:29:25.080 --> 0:29:28.160
<v Speaker 1>private prison companies, Coursivic is the one that is biggest

0:29:28.240 --> 0:29:31.360
<v Speaker 1>into immigration detention. And we could just see it get

0:29:31.400 --> 0:29:36.240
<v Speaker 1>worse because of the ending of the contracts with BOP

0:29:36.440 --> 0:29:39.760
<v Speaker 1>and the US Martial Service and then turning those facilities

0:29:39.760 --> 0:29:42.160
<v Speaker 1>into ice facilities just so they can keep the beds

0:29:42.160 --> 0:29:45.520
<v Speaker 1>field and still have money made on that institution. And

0:29:45.600 --> 0:29:48.120
<v Speaker 1>why why do we put them in prison? What is

0:29:48.160 --> 0:29:51.960
<v Speaker 1>the rationale? That is a question for somebody who is

0:29:52.000 --> 0:29:55.480
<v Speaker 1>in favor of detaining people who are awaiting de quortation.

0:29:55.960 --> 0:29:57.800
<v Speaker 1>It's it's not the area of law that I have

0:29:57.880 --> 0:30:02.120
<v Speaker 1>expertise in, and I've feel deeply that that these individuals

0:30:02.160 --> 0:30:04.480
<v Speaker 1>can safely be in the community and should not be

0:30:04.640 --> 0:30:09.200
<v Speaker 1>detained in warehouses like they are right now. Sharon. We

0:30:09.280 --> 0:30:12.200
<v Speaker 1>have something on calling BS that we call the B

0:30:12.440 --> 0:30:17.040
<v Speaker 1>S scale. So on a scale of zero to one

0:30:16.000 --> 0:30:20.880
<v Speaker 1>hundred being the worst total BS and zero being the

0:30:20.920 --> 0:30:25.800
<v Speaker 1>best zero BS, what score would you give Course Civic.

0:30:26.720 --> 0:30:29.120
<v Speaker 1>I mean, so one fifty is not an option here?

0:30:29.240 --> 0:30:33.120
<v Speaker 1>Is that? Is that what you're saying? It max is

0:30:33.120 --> 0:30:34.800
<v Speaker 1>out at a hundred, But if you want to go

0:30:34.840 --> 0:30:37.080
<v Speaker 1>to a hundred fleas I think you know what I'm

0:30:37.080 --> 0:30:40.440
<v Speaker 1>gonna say here and it's and it's a hundred beautiful.

0:30:40.680 --> 0:30:43.320
<v Speaker 1>All right, Well, thanks for thank you for coming on

0:30:43.360 --> 0:30:45.600
<v Speaker 1>the show. Thanks so much for having me. Yeah, it's

0:30:45.600 --> 0:30:51.080
<v Speaker 1>been great to be here. The conversation with Sharon confirmed

0:30:51.080 --> 0:30:54.480
<v Speaker 1>a couple of concerns that I initially had about privatization

0:30:54.520 --> 0:30:59.040
<v Speaker 1>of the prison system. Course Civic lacks transparency, and the

0:30:59.120 --> 0:31:04.960
<v Speaker 1>business model is pretty troubling. Ideally, in a purpose led company,

0:31:05.240 --> 0:31:09.720
<v Speaker 1>the purpose and the business model are aligned. In other words,

0:31:09.760 --> 0:31:12.960
<v Speaker 1>the more the company succeeds at delivering on its purpose,

0:31:13.480 --> 0:31:17.560
<v Speaker 1>the better it does financially. In the case of Courcivic,

0:31:17.760 --> 0:31:21.720
<v Speaker 1>and to be fair other private prison companies, that doesn't

0:31:21.760 --> 0:31:28.840
<v Speaker 1>seem to be the case, and that corrodes trust. So folks,

0:31:29.560 --> 0:31:34.360
<v Speaker 1>it's time to make the call. Is Courcivic a bullshitter?

0:31:35.960 --> 0:31:38.400
<v Speaker 1>Based on what I've heard so far? I got to

0:31:38.440 --> 0:31:43.240
<v Speaker 1>agree with Sharon and call BS. But remember, on this

0:31:43.280 --> 0:31:47.120
<v Speaker 1>show we believe b S is a treatable condition. So

0:31:47.240 --> 0:31:50.360
<v Speaker 1>after the break, we'll hear from two more experts in

0:31:50.360 --> 0:31:54.600
<v Speaker 1>incarceration and prison reform about some ideas that might just

0:31:54.800 --> 0:32:16.240
<v Speaker 1>help Courcivic actually deliver its purpose stick with us. Before

0:32:16.320 --> 0:32:20.280
<v Speaker 1>the break, we concluded that there is a pretty sizable

0:32:20.360 --> 0:32:23.800
<v Speaker 1>gap between word and deed at Core Civic. So we've

0:32:23.840 --> 0:32:27.840
<v Speaker 1>called b s now. The question is what should CEO

0:32:28.000 --> 0:32:31.280
<v Speaker 1>David Heineger and his leadership team due to fix it.

0:32:32.760 --> 0:32:36.480
<v Speaker 1>The cure is positive action. So I've asked two experts

0:32:36.480 --> 0:32:39.200
<v Speaker 1>in the law and in prison reform to join us

0:32:39.240 --> 0:32:42.680
<v Speaker 1>to propose some concrete things that cour Civic should change

0:32:43.080 --> 0:32:47.400
<v Speaker 1>to better practice what it preaches, says our Hernandez, and

0:32:47.600 --> 0:32:54.880
<v Speaker 1>David Sefabian says a welcome to the show. Could you

0:32:54.960 --> 0:33:00.080
<v Speaker 1>tell our listeners a little bit about yourself? Nand this

0:33:00.400 --> 0:33:04.360
<v Speaker 1>I'm professor at Ohio States at University, where I hold

0:33:04.360 --> 0:33:06.920
<v Speaker 1>the Gregory Williams Charing Civil Rights and Civil Liberties. And

0:33:06.920 --> 0:33:10.120
<v Speaker 1>I'm the author of Migrating to Prison, America's obsession with

0:33:10.200 --> 0:33:13.200
<v Speaker 1>locking up immigrants and the commigration law. Great to have

0:33:13.280 --> 0:33:17.840
<v Speaker 1>you here. Thank you. And David Sefabian, welcome to Calling Bullshit.

0:33:18.120 --> 0:33:20.800
<v Speaker 1>Can you tell our listeners a little bit about yourself? Well,

0:33:20.840 --> 0:33:22.800
<v Speaker 1>I'm David s. Fabian. I am the director of the

0:33:22.800 --> 0:33:26.720
<v Speaker 1>Nolan Center for Justice, the American Conservative Union Foundation. I

0:33:26.760 --> 0:33:29.320
<v Speaker 1>am a former White House official or former chief of

0:33:29.360 --> 0:33:31.760
<v Speaker 1>staff for a member of Congress and someone who has

0:33:31.760 --> 0:33:34.360
<v Speaker 1>spent a year in federal prison, and I've seen all

0:33:34.440 --> 0:33:37.800
<v Speaker 1>sides of the criminal justice debate, and my passion is

0:33:38.000 --> 0:33:40.880
<v Speaker 1>fixing the system. So let's get right into some ideas

0:33:40.920 --> 0:33:43.560
<v Speaker 1>for cour Civic. Say sorry, I'm going to ask you

0:33:43.640 --> 0:33:47.160
<v Speaker 1>to go first. In two minutes or less, what's the

0:33:47.240 --> 0:33:50.520
<v Speaker 1>number one thing that cour Civic should do to better

0:33:50.600 --> 0:33:53.680
<v Speaker 1>live up to their mission. I think Corsivic actually has

0:33:53.760 --> 0:33:59.080
<v Speaker 1>a lot of its disposal by providing wrap around services

0:33:59.120 --> 0:34:03.640
<v Speaker 1>that support people as they're going through what are, in

0:34:03.680 --> 0:34:08.160
<v Speaker 1>some circumstances, very high stakes legal proceedings. And this happens

0:34:08.280 --> 0:34:12.520
<v Speaker 1>um in the context of the migrants who are being

0:34:12.560 --> 0:34:16.279
<v Speaker 1>held by Course Civic on behalf of government agencies like

0:34:16.320 --> 0:34:20.359
<v Speaker 1>the Immigration and Customs Enforcement Agency. Those are individuals who

0:34:20.680 --> 0:34:24.640
<v Speaker 1>are in the midst of legal proceedings before the nation's

0:34:24.680 --> 0:34:27.640
<v Speaker 1>immigration courts, and so Course off it could, for example,

0:34:28.360 --> 0:34:33.600
<v Speaker 1>focus its resources on providing case management services, providing access

0:34:33.640 --> 0:34:37.840
<v Speaker 1>to social workers who would be able to help people

0:34:38.120 --> 0:34:41.680
<v Speaker 1>navigate the stress and the anxiety that goes along with

0:34:42.160 --> 0:34:47.120
<v Speaker 1>legal proceedings in which very meaningful, life changing, life altering

0:34:47.400 --> 0:34:52.000
<v Speaker 1>decisions are to be made, and also ensure that its locations.

0:34:52.040 --> 0:34:57.080
<v Speaker 1>Its facilities are located in places where others can access

0:34:57.120 --> 0:35:00.239
<v Speaker 1>them and by by others. And I'm talking about low years.

0:35:00.480 --> 0:35:03.400
<v Speaker 1>So so don't locate your facilities in the middle of

0:35:03.800 --> 0:35:07.520
<v Speaker 1>uh the Arizona Desert, for example, but instead and in

0:35:07.719 --> 0:35:12.840
<v Speaker 1>or near large metropolitan areas where legal services organizations are present,

0:35:13.280 --> 0:35:17.799
<v Speaker 1>where courts are located. And I also think that journalists

0:35:17.880 --> 0:35:21.759
<v Speaker 1>play an important role here in maintaining oversight of these facilities,

0:35:21.800 --> 0:35:25.560
<v Speaker 1>and so locating facilities in places where you do have

0:35:25.719 --> 0:35:29.560
<v Speaker 1>larger media markets would actually provide a separate and independent

0:35:29.680 --> 0:35:33.239
<v Speaker 1>source of eyes and ears to what's happening inside these facilities.

0:35:33.239 --> 0:35:38.040
<v Speaker 1>That would think ultimately improve the likelihood of success for

0:35:38.120 --> 0:35:41.359
<v Speaker 1>the government agencies with which course of your contracts thank

0:35:41.400 --> 0:35:45.360
<v Speaker 1>you say sorry? Okay, David, You're next in two minutes

0:35:45.440 --> 0:35:48.399
<v Speaker 1>or less. What is the number one thing cours Civic

0:35:48.440 --> 0:35:51.319
<v Speaker 1>should be doing better to deliver on what they say

0:35:51.360 --> 0:35:54.239
<v Speaker 1>that they stand for. Well, let me just before we

0:35:54.280 --> 0:35:56.200
<v Speaker 1>get to that, I think I want to challenge those

0:35:56.239 --> 0:35:58.600
<v Speaker 1>are on something, or maybe it's we're going to challenge

0:35:58.640 --> 0:36:02.480
<v Speaker 1>the topic. There are too fundamentally different missions for companies

0:36:02.480 --> 0:36:05.440
<v Speaker 1>like Course Civic and the solutions that says are and

0:36:05.480 --> 0:36:09.480
<v Speaker 1>others have suggested differ based on the mission set. So,

0:36:09.560 --> 0:36:15.200
<v Speaker 1>for example, when you're talking about detention based on criminal charge, right,

0:36:15.480 --> 0:36:18.360
<v Speaker 1>you know private prisons in the kind of way people

0:36:18.440 --> 0:36:21.520
<v Speaker 1>most think about them. You know my understanding and I

0:36:21.560 --> 0:36:24.920
<v Speaker 1>have two or course IT facilities. My understanding is that

0:36:25.000 --> 0:36:27.359
<v Speaker 1>they do provide wrap around services for people who are

0:36:27.360 --> 0:36:30.319
<v Speaker 1>serving a sentence based on criminal conduct. And they do

0:36:30.400 --> 0:36:33.200
<v Speaker 1>that for a number of reasons. One is they're often

0:36:33.239 --> 0:36:38.160
<v Speaker 1>contractually obligated to do so, and two because providing those

0:36:38.200 --> 0:36:42.919
<v Speaker 1>types of services healthcare, mental health, and hygiene education, those

0:36:43.000 --> 0:36:48.120
<v Speaker 1>wrap around services reduce recidivism, which goes directly to core

0:36:48.560 --> 0:36:52.879
<v Speaker 1>Civics mission statement. Right. That is a different value proposition

0:36:53.200 --> 0:36:57.000
<v Speaker 1>than immigration detention, where the end state is going to

0:36:57.080 --> 0:37:00.160
<v Speaker 1>be one of two things. Either the folks who were

0:37:00.200 --> 0:37:04.520
<v Speaker 1>being detained our return to their home countries or they're

0:37:04.560 --> 0:37:06.839
<v Speaker 1>going to be admitted to the United States under under

0:37:06.920 --> 0:37:12.000
<v Speaker 1>immigration procedures. In either case, the value proposition of providing

0:37:12.160 --> 0:37:15.000
<v Speaker 1>a full suite of wrap around services is different. All right,

0:37:15.040 --> 0:37:17.160
<v Speaker 1>what's the end goal? The end goal and the immigration

0:37:17.200 --> 0:37:19.080
<v Speaker 1>detention is to figure out what we do with people

0:37:19.239 --> 0:37:22.680
<v Speaker 1>A recidivism is not the driver in that circumstances, whereas

0:37:22.719 --> 0:37:25.279
<v Speaker 1>recidivism is the driver for people who are serving a

0:37:25.320 --> 0:37:27.720
<v Speaker 1>criminal sentence. So I think that that's an important point.

0:37:29.000 --> 0:37:31.960
<v Speaker 1>I came back from a trip in where we saw

0:37:32.280 --> 0:37:35.440
<v Speaker 1>European prisons, and what was fascinating about the way that

0:37:35.440 --> 0:37:39.720
<v Speaker 1>the Europeans handle their incarceration system is the same people

0:37:39.760 --> 0:37:44.440
<v Speaker 1>that are designated to guard inmates are also the people

0:37:44.480 --> 0:37:47.800
<v Speaker 1>that are providing social services, so their social workers first,

0:37:47.800 --> 0:37:50.520
<v Speaker 1>in their guard second. That is a totally different model

0:37:50.560 --> 0:37:52.840
<v Speaker 1>than what we have primarily in the United States. And

0:37:52.920 --> 0:37:55.279
<v Speaker 1>that is the type of thing where you know, people

0:37:55.320 --> 0:37:59.360
<v Speaker 1>who were detained can build bonds, can find mentors, and

0:37:59.560 --> 0:38:02.440
<v Speaker 1>the people that are paid to guard them and to

0:38:02.480 --> 0:38:06.719
<v Speaker 1>make sure that the facilities are safe are also contributing

0:38:06.760 --> 0:38:10.440
<v Speaker 1>to their potential rehabilitation. So that's where I see areas

0:38:10.480 --> 0:38:14.200
<v Speaker 1>were Corsific and other companies and quite frankly, other entities

0:38:14.239 --> 0:38:16.640
<v Speaker 1>government and non government can improve. I think that's an

0:38:16.640 --> 0:38:20.360
<v Speaker 1>interesting idea as well. So it's it's my turn, and

0:38:20.360 --> 0:38:22.920
<v Speaker 1>then we'll just see where the conversation takes us. You know,

0:38:22.960 --> 0:38:25.440
<v Speaker 1>as I've been reading about this and talking to folks,

0:38:25.480 --> 0:38:27.440
<v Speaker 1>it's become clear to me that you know, there are

0:38:27.440 --> 0:38:30.120
<v Speaker 1>lots of issues, but I think the main issue, the

0:38:30.200 --> 0:38:33.400
<v Speaker 1>issue that causes people to mistrust in many cases, the

0:38:33.440 --> 0:38:36.600
<v Speaker 1>whole idea of a private prison is the business model.

0:38:37.120 --> 0:38:41.920
<v Speaker 1>It is misaligned with the stated mission of the company.

0:38:42.120 --> 0:38:45.080
<v Speaker 1>If you say that you're trying to create safe environments

0:38:45.120 --> 0:38:49.360
<v Speaker 1>that emphasize education and safe return to society, it's pretty

0:38:49.400 --> 0:38:52.680
<v Speaker 1>hard to reconcile that with the profit motive. There are

0:38:52.719 --> 0:38:57.440
<v Speaker 1>just huge incentives to cut corners everywhere in safety, in

0:38:57.880 --> 0:39:02.799
<v Speaker 1>mental and physical health care, nutrition, education, or any other

0:39:02.880 --> 0:39:07.439
<v Speaker 1>rehabilitation services that you might want to engage in. So

0:39:07.920 --> 0:39:11.000
<v Speaker 1>one of the biggest complaints that I've heard about and

0:39:11.040 --> 0:39:15.440
<v Speaker 1>read about is lack of access to actual data about

0:39:15.880 --> 0:39:21.080
<v Speaker 1>conditions and about outcomes inside Course Civic facilities. Because these

0:39:21.080 --> 0:39:24.000
<v Speaker 1>are private facilities, they aren't subject to things like the

0:39:24.040 --> 0:39:28.680
<v Speaker 1>Freedom of Information Act, So as an act of altruism,

0:39:28.840 --> 0:39:33.560
<v Speaker 1>almost to build trust, Course Civic needs to get radically transparent,

0:39:33.880 --> 0:39:38.480
<v Speaker 1>more transparent than the law requires, more transparent than shareholders demand.

0:39:39.160 --> 0:39:43.720
<v Speaker 1>So my idea is for Course Civic to proactively publish

0:39:43.920 --> 0:39:47.680
<v Speaker 1>all of the data about their outcomes, good, bad, and ugly,

0:39:48.160 --> 0:39:52.680
<v Speaker 1>anonymized appropriately of course, rather than waiting for the government

0:39:52.680 --> 0:39:56.720
<v Speaker 1>to mandate it, or or some other group to complain

0:39:56.760 --> 0:39:58.880
<v Speaker 1>about it. Do it because it's the right thing to do,

0:39:59.040 --> 0:40:03.400
<v Speaker 1>and because to aligned with with the corsific mission. I

0:40:03.440 --> 0:40:05.640
<v Speaker 1>can I challenge and something before we go down at

0:40:05.680 --> 0:40:09.000
<v Speaker 1>rabbit hole, I encourage it. So I think that the

0:40:09.000 --> 0:40:13.160
<v Speaker 1>way you've set that up is not merely unfair, but

0:40:13.320 --> 0:40:16.920
<v Speaker 1>really inaccurate. I don't think that you can square the

0:40:17.080 --> 0:40:22.280
<v Speaker 1>statement that the traditional profit margin issues of a private

0:40:22.280 --> 0:40:28.160
<v Speaker 1>sector entity go to everything from the conditions of incarceration

0:40:28.520 --> 0:40:31.000
<v Speaker 1>or the quality of the food or the quality of

0:40:31.000 --> 0:40:32.680
<v Speaker 1>the healthcare. And let me just give you a couple

0:40:32.640 --> 0:40:35.640
<v Speaker 1>of examples. I was incarcerated. The food that we received

0:40:35.680 --> 0:40:37.680
<v Speaker 1>and I was in a federal federal facility. The food

0:40:37.719 --> 0:40:41.160
<v Speaker 1>that we received expired food out of femal warehouses. There

0:40:41.239 --> 0:40:47.280
<v Speaker 1>is no guarantee whatsoever that because the prisoners are being

0:40:47.560 --> 0:40:52.239
<v Speaker 1>imprisoned by federal employees that the circumstances are any better.

0:40:52.280 --> 0:40:55.440
<v Speaker 1>And and you know what really troubles me is, as

0:40:55.480 --> 0:40:58.799
<v Speaker 1>a former government contracts lare I understand how performance based

0:40:58.840 --> 0:41:01.719
<v Speaker 1>contracting works. And it's a simple concept. It sounds complicated

0:41:01.760 --> 0:41:05.280
<v Speaker 1>and it's simple. The idea is you set forward standards,

0:41:05.400 --> 0:41:08.440
<v Speaker 1>and if the contractor hits those standards, they're rewarded, and

0:41:08.480 --> 0:41:12.560
<v Speaker 1>if contractor doesn't hit those standards, they're penalized. And after

0:41:12.600 --> 0:41:15.040
<v Speaker 1>a certain point, if they continue not hitting those standards,

0:41:15.080 --> 0:41:18.719
<v Speaker 1>the contract is cut. You can't do that with unionized employees.

0:41:18.760 --> 0:41:22.640
<v Speaker 1>You cannot do that with government institutions. It is not

0:41:22.800 --> 0:41:26.640
<v Speaker 1>possible to do that. I hear that, But my idea,

0:41:26.840 --> 0:41:30.879
<v Speaker 1>to be clear, is for Coursivic to proactively publish all

0:41:30.920 --> 0:41:35.120
<v Speaker 1>of the data about outcomes, which I don't think they

0:41:35.160 --> 0:41:39.319
<v Speaker 1>do unless I've got that wrong. There there's been a

0:41:39.360 --> 0:41:41.160
<v Speaker 1>lot of coverage of it being very hard to get

0:41:41.200 --> 0:41:44.920
<v Speaker 1>information out of Coursivic. In two thousand and five, for instance,

0:41:44.960 --> 0:41:47.560
<v Speaker 1>there was a bill called the Private Prison Information Act,

0:41:47.680 --> 0:41:50.920
<v Speaker 1>which attempted to force any private entity contracting with the

0:41:50.920 --> 0:41:54.600
<v Speaker 1>government to agree to release information about its operations under

0:41:54.640 --> 0:41:58.000
<v Speaker 1>the same requirements as the Freedom of Information Act, and

0:41:58.120 --> 0:42:01.759
<v Speaker 1>course Civic actively lobbied against it, and it was defeated.

0:42:02.280 --> 0:42:05.279
<v Speaker 1>And so it's actions like that that leave you with

0:42:05.320 --> 0:42:08.360
<v Speaker 1>the strong impression that they have something to hide, even

0:42:08.360 --> 0:42:11.480
<v Speaker 1>if they don't. I totally agree with you that that's

0:42:11.480 --> 0:42:14.239
<v Speaker 1>a self inflicted wound that creates a trust gap. I

0:42:14.280 --> 0:42:18.200
<v Speaker 1>am all for transparency. It's pretty hard to advocate on

0:42:18.640 --> 0:42:21.200
<v Speaker 1>criminal justice matters, and I don't advocate on private prison

0:42:21.239 --> 0:42:23.800
<v Speaker 1>issues whatsoever, but it's hard to advocate criminal justice matters

0:42:23.800 --> 0:42:26.239
<v Speaker 1>when you don't have data to rely on. But I

0:42:26.320 --> 0:42:29.000
<v Speaker 1>will point out one thing, and since you know, kind

0:42:29.000 --> 0:42:32.280
<v Speaker 1>of the operating theme underneath all of this is private

0:42:32.360 --> 0:42:35.600
<v Speaker 1>prisons are worse than public prisons. That there's not a

0:42:35.600 --> 0:42:37.320
<v Speaker 1>whole heck of a lot of disclosure coming out of

0:42:37.320 --> 0:42:40.360
<v Speaker 1>the Federal Bureau of Prisons. Either. That's true, but you

0:42:40.440 --> 0:42:43.160
<v Speaker 1>can get it at it ostensibly through the Freedom of

0:42:43.160 --> 0:42:47.080
<v Speaker 1>Information Act. And and the problem there is fragmentation right

0:42:47.160 --> 0:42:50.280
<v Speaker 1>like it's it's there is no central database. I actually

0:42:50.280 --> 0:42:52.680
<v Speaker 1>think we have a lot of information about what course

0:42:52.760 --> 0:42:56.799
<v Speaker 1>if it does specifically explicitly, I should say, because of

0:42:56.840 --> 0:43:01.919
<v Speaker 1>the fact that it is a publicly traded corporation. As

0:43:01.920 --> 0:43:05.680
<v Speaker 1>a result, it files annual reports with the Securities and

0:43:05.760 --> 0:43:09.360
<v Speaker 1>Exchange Commission, It files quarterly reports with the SEC anytime

0:43:09.400 --> 0:43:12.880
<v Speaker 1>it's looking to to issue a new round of bonds,

0:43:12.960 --> 0:43:17.720
<v Speaker 1>it issues statements it's trying to lure investors. It holds

0:43:17.880 --> 0:43:21.920
<v Speaker 1>a conference cause that I've tuned into, and so as

0:43:22.000 --> 0:43:24.000
<v Speaker 1>a result, I actually think we have a lot of

0:43:24.080 --> 0:43:31.560
<v Speaker 1>information about coursifics operations, and FOYA is a meaningful transparency law,

0:43:31.760 --> 0:43:34.240
<v Speaker 1>but it's not the only transparency law in the United States.

0:43:34.480 --> 0:43:37.880
<v Speaker 1>The States also have transparency laws, and so when it

0:43:37.920 --> 0:43:43.160
<v Speaker 1>comes to coursifics operations, on behalf of states government agencies,

0:43:43.360 --> 0:43:48.320
<v Speaker 1>sometimes state transparency laws government secrecy laws actually allow access

0:43:48.360 --> 0:43:51.640
<v Speaker 1>to more information than does the Freedom of Information Act

0:43:51.680 --> 0:43:54.279
<v Speaker 1>at the federal level. But I'd say that that of

0:43:54.480 --> 0:43:59.000
<v Speaker 1>the many shortcomings with coursivics operations, it's not a lack

0:43:59.239 --> 0:44:03.600
<v Speaker 1>of nation about what is happening in its decision making processes.

0:44:03.920 --> 0:44:06.600
<v Speaker 1>And I would just jump on and actually take it

0:44:06.640 --> 0:44:09.240
<v Speaker 1>one step further, and that is all across the criminal

0:44:09.280 --> 0:44:13.400
<v Speaker 1>justice system, there is a lack of independent oversight regardless

0:44:13.400 --> 0:44:16.120
<v Speaker 1>of whether the operator of the facility is a private

0:44:16.120 --> 0:44:19.000
<v Speaker 1>sector entity or a public sector entity. There just is

0:44:19.000 --> 0:44:22.560
<v Speaker 1>an independent oversight. Yeah, that's a great point and much needed.

0:44:22.600 --> 0:44:27.000
<v Speaker 1>I agree, David. Can I follow up on your idea

0:44:27.160 --> 0:44:31.200
<v Speaker 1>around rethinking the role of guards. It seems very logical

0:44:31.239 --> 0:44:35.839
<v Speaker 1>to me that one possible advantage of privatizing government functions

0:44:35.880 --> 0:44:39.520
<v Speaker 1>like prisons is that private companies tend to be better

0:44:39.719 --> 0:44:42.640
<v Speaker 1>at innovation. Like if you say your mission is better

0:44:42.680 --> 0:44:46.319
<v Speaker 1>outcomes and a safer society, that's a great mission, and

0:44:46.400 --> 0:44:51.080
<v Speaker 1>it's also an invitation for innovation. But I don't see

0:44:51.160 --> 0:44:55.560
<v Speaker 1>much of it at core Civic. So a do I

0:44:55.640 --> 0:44:59.440
<v Speaker 1>have that right and and be what other kinds of innovations?

0:44:59.760 --> 0:45:02.920
<v Speaker 1>My cour civic explorer, I would say that it is

0:45:03.000 --> 0:45:08.360
<v Speaker 1>difficult to drive innovation when the broader terms of custody

0:45:08.400 --> 0:45:12.560
<v Speaker 1>are governed not by the entity managing the people, but

0:45:12.600 --> 0:45:16.080
<v Speaker 1>are are governed by sets of rules and laws that

0:45:16.120 --> 0:45:18.440
<v Speaker 1>are imposed by Congress and by the Bureau of Prisons

0:45:18.480 --> 0:45:22.120
<v Speaker 1>or by the state direct corrections departments. For example. You know,

0:45:22.200 --> 0:45:25.279
<v Speaker 1>we know that people age out of crime, right We

0:45:25.360 --> 0:45:27.000
<v Speaker 1>know for a fact that the older you get, the

0:45:27.080 --> 0:45:31.279
<v Speaker 1>less likely that the person is going to reoffend. And

0:45:31.360 --> 0:45:34.680
<v Speaker 1>so one of the ways to leverage that, take advantage

0:45:34.719 --> 0:45:37.680
<v Speaker 1>of it, to reduce costs and reduce population is to

0:45:37.840 --> 0:45:41.000
<v Speaker 1>move people as they age beyond the walls, you know,

0:45:41.239 --> 0:45:43.960
<v Speaker 1>still holding them accountable, still putting restrictions on them, but

0:45:44.000 --> 0:45:46.719
<v Speaker 1>moving them outside of a traditional prison environment, whether it's

0:45:46.760 --> 0:45:49.160
<v Speaker 1>cour civic or anybody else. You cannot do that under

0:45:49.160 --> 0:45:52.400
<v Speaker 1>current law. They are charged with holding people until the

0:45:52.440 --> 0:45:55.000
<v Speaker 1>court says that they're no longer to be held, and

0:45:55.040 --> 0:45:58.279
<v Speaker 1>so those types of innovations are really stifled by what

0:45:58.400 --> 0:46:02.919
<v Speaker 1>I would argue is a flexible and desperately in need

0:46:02.960 --> 0:46:06.520
<v Speaker 1>of updating criminal justice system. I would add to that

0:46:06.520 --> 0:46:09.880
<v Speaker 1>that they're oftentimes there has to be a reason to innovate,

0:46:10.160 --> 0:46:14.120
<v Speaker 1>and so long as they're meeting the expectations of their

0:46:14.160 --> 0:46:19.080
<v Speaker 1>governmental partners, their governmental customers, and reaping the financial rewards

0:46:19.080 --> 0:46:20.880
<v Speaker 1>of that, then there is no reason to innovia. So

0:46:20.880 --> 0:46:23.120
<v Speaker 1>I actually think that the federal and state governments that

0:46:23.160 --> 0:46:26.640
<v Speaker 1>contract with Course Civic are actually very key actors in

0:46:27.000 --> 0:46:31.879
<v Speaker 1>the likelihood of Course Civic innovating. By demanding innovations, they

0:46:31.920 --> 0:46:34.960
<v Speaker 1>hold the keys to the government treasury, and as a result,

0:46:35.239 --> 0:46:38.120
<v Speaker 1>if they want to see Course Civic move in a

0:46:38.120 --> 0:46:41.040
<v Speaker 1>particular direction, then they have the power to do that. Right.

0:46:41.320 --> 0:46:46.759
<v Speaker 1>What if government's mandated performance based contracts with goals like

0:46:46.920 --> 0:46:51.879
<v Speaker 1>recidivism reduction, for instance, to truly incentivize innovation. Why isn't

0:46:51.960 --> 0:46:54.440
<v Speaker 1>that going on? Well, you're starting to see that. You're

0:46:54.440 --> 0:46:56.160
<v Speaker 1>starting to see that at some of the state levels.

0:46:56.200 --> 0:47:00.239
<v Speaker 1>I know they've implemented performance based contracting in Pennsylvania, for example,

0:47:00.560 --> 0:47:03.040
<v Speaker 1>with some of their private sector companies. You know, it

0:47:03.080 --> 0:47:06.040
<v Speaker 1>takes a little bit of time to put together meaningful

0:47:06.080 --> 0:47:09.359
<v Speaker 1>performance metrics to judge a company by how they're doing things.

0:47:09.640 --> 0:47:12.840
<v Speaker 1>You have all kinds of questions across the private prison

0:47:13.120 --> 0:47:16.960
<v Speaker 1>spectrum in terms of what is to be measured, how

0:47:17.000 --> 0:47:19.800
<v Speaker 1>it is to be measured, what are the stretch goals

0:47:19.960 --> 0:47:24.400
<v Speaker 1>versus regular goals versus penalty levels. It's not easy to

0:47:24.440 --> 0:47:28.040
<v Speaker 1>do performance based contracting, and it really requires somebody with

0:47:28.120 --> 0:47:30.880
<v Speaker 1>knowledge in the contracting space and somebody knowledge in the

0:47:30.920 --> 0:47:33.920
<v Speaker 1>criminal justice space. Now, I will tell you this, one

0:47:33.920 --> 0:47:35.440
<v Speaker 1>of the things that I think everybody would love to

0:47:35.480 --> 0:47:39.040
<v Speaker 1>see is performance space contracting based on recidivism numbers. And

0:47:39.040 --> 0:47:42.560
<v Speaker 1>the biggest challenge there is something very simple. Everybody defines

0:47:42.600 --> 0:47:45.040
<v Speaker 1>recidivism in a different way. So we need to be

0:47:45.120 --> 0:47:48.840
<v Speaker 1>able to compare apples to apples when it comes to corsifics,

0:47:49.120 --> 0:47:54.960
<v Speaker 1>largest contracts in of the company's revenue came from the

0:47:54.960 --> 0:47:59.640
<v Speaker 1>Immigration and Customs and forth mean agency. So we just

0:47:59.640 --> 0:48:02.799
<v Speaker 1>shy thirty of the company's entire revenue in each of

0:48:02.840 --> 0:48:05.440
<v Speaker 1>those years coming from a single government agency. So let

0:48:05.520 --> 0:48:07.880
<v Speaker 1>me talk a little bit about that single government agency

0:48:08.000 --> 0:48:11.960
<v Speaker 1>ICE and the standards that exist. So ICE actually has,

0:48:12.040 --> 0:48:14.799
<v Speaker 1>going back more than a decade now, issued what it

0:48:14.840 --> 0:48:19.040
<v Speaker 1>calls performance based National Detention Standards. This is a series

0:48:19.080 --> 0:48:22.919
<v Speaker 1>of rather long and detailed expectations that it imposes on

0:48:22.960 --> 0:48:26.279
<v Speaker 1>all of the government contractors, including Course Civic. And yet

0:48:26.360 --> 0:48:29.719
<v Speaker 1>the agency has never been willing to make these binding.

0:48:29.920 --> 0:48:33.680
<v Speaker 1>That is, it has never actually required these companies, including

0:48:33.719 --> 0:48:38.400
<v Speaker 1>cours Civic, to meet those detention standards and certainly not

0:48:38.680 --> 0:48:42.920
<v Speaker 1>imposing consequences for failing to meet those detention standards. Is

0:48:43.040 --> 0:48:47.520
<v Speaker 1>the agency is just unwilling to a contract. That's been

0:48:47.560 --> 0:48:50.160
<v Speaker 1>true under President Obama, that's been true under President Trump,

0:48:50.239 --> 0:48:52.759
<v Speaker 1>and you know, we'll see how things shake out under

0:48:52.760 --> 0:48:55.360
<v Speaker 1>President Biden. But I'm not holding my breath because the

0:48:55.400 --> 0:48:59.120
<v Speaker 1>politics have not changed sufficiently to turn the agency into

0:48:59.200 --> 0:49:02.000
<v Speaker 1>one that is willing to say two companies like Corcivic,

0:49:02.200 --> 0:49:04.879
<v Speaker 1>you actually have to meet these attention standards, and if

0:49:04.880 --> 0:49:09.080
<v Speaker 1>you don't, there are the severest consequences are coming for you,

0:49:09.160 --> 0:49:11.400
<v Speaker 1>and by that we mean we're cutting you off. Shocker

0:49:11.480 --> 0:49:13.719
<v Speaker 1>that a federal agency can't figure out how to do

0:49:13.760 --> 0:49:17.120
<v Speaker 1>good performance based contracting. I think though, that well two things.

0:49:17.160 --> 0:49:20.000
<v Speaker 1>One is, it's difficult to criticize a company for not

0:49:20.120 --> 0:49:24.160
<v Speaker 1>going beyond the terms of the contract if that's not

0:49:24.560 --> 0:49:27.399
<v Speaker 1>the measure by which the agency intends to hold them accountable. Right.

0:49:27.840 --> 0:49:32.040
<v Speaker 1>But I think the second point is, again, immigration is

0:49:32.080 --> 0:49:37.400
<v Speaker 1>a different set of metrics and performance for private prison companies.

0:49:37.520 --> 0:49:41.040
<v Speaker 1>The goal of incarceration for people who have been convicted

0:49:41.080 --> 0:49:44.600
<v Speaker 1>of the crime, one of the goals is rehabilitation. That's

0:49:44.800 --> 0:49:49.239
<v Speaker 1>arguably the most important after segregation and maintaining public safety.

0:49:49.320 --> 0:49:53.640
<v Speaker 1>That is a different matter than the goal of detention.

0:49:53.800 --> 0:49:58.240
<v Speaker 1>For immigration, which is purely a segregation matter. Is taking

0:49:58.239 --> 0:50:01.280
<v Speaker 1>people who have been identify fight as being here illegally

0:50:01.320 --> 0:50:03.719
<v Speaker 1>and holding them until they can determine what they do

0:50:03.800 --> 0:50:06.440
<v Speaker 1>with them. And re entry is is a different animal

0:50:06.480 --> 0:50:10.520
<v Speaker 1>altogether when you're talking about immigration detention versus criminal justice detention. Yeah,

0:50:10.600 --> 0:50:12.320
<v Speaker 1>I think when when we're talking about it, almost a

0:50:12.400 --> 0:50:17.480
<v Speaker 1>third right cent of revenue coming from the Immigration Customs

0:50:17.560 --> 0:50:20.960
<v Speaker 1>Enforcement Agency. Even if I'd say the position that David's

0:50:21.000 --> 0:50:24.160
<v Speaker 1>articulating that this is a different form of incarceration, it's

0:50:24.160 --> 0:50:27.560
<v Speaker 1>a it's a rather significant form of incarceration for for

0:50:27.600 --> 0:50:30.000
<v Speaker 1>this particular company. For Cours civic, and so I would

0:50:30.040 --> 0:50:33.200
<v Speaker 1>hope that they would be thinking about the complexities um

0:50:33.239 --> 0:50:35.919
<v Speaker 1>and the distinctions between this and other forms. I think

0:50:36.920 --> 0:50:39.279
<v Speaker 1>we all in the criminal justice community kind of get

0:50:39.280 --> 0:50:41.480
<v Speaker 1>caught up in the vernacular all the terms, you know,

0:50:41.840 --> 0:50:46.440
<v Speaker 1>justice impacted or ex offender or re entry. Here's what

0:50:46.440 --> 0:50:48.279
<v Speaker 1>we're really talking about. At the end of the day,

0:50:48.640 --> 0:50:51.600
<v Speaker 1>when that person walks out of prison, are they likely

0:50:51.640 --> 0:50:55.279
<v Speaker 1>to reoffend and revictimize people in their community. That is

0:50:55.280 --> 0:50:59.440
<v Speaker 1>a totally different matter than immigration, where the outcome at

0:50:59.440 --> 0:51:02.600
<v Speaker 1>the end of the incarceration is likely deportation. Yeah, I

0:51:02.640 --> 0:51:05.600
<v Speaker 1>would take issue with with that point, but I'm not

0:51:05.600 --> 0:51:08.279
<v Speaker 1>sure that it's actually relevant to what coursifc does, and

0:51:08.320 --> 0:51:13.120
<v Speaker 1>of Coursivic does what it's asked to do by the

0:51:13.160 --> 0:51:16.040
<v Speaker 1>government agencies that it contracts for, and so I would

0:51:16.080 --> 0:51:19.000
<v Speaker 1>agree with your earlier point, David, that it's a little

0:51:19.000 --> 0:51:21.719
<v Speaker 1>hard to criticize the company for not doing what it's

0:51:21.760 --> 0:51:24.279
<v Speaker 1>not being asked to do. I think here the criticism

0:51:24.480 --> 0:51:27.759
<v Speaker 1>is rightfully placed with those government agencies and with the

0:51:27.800 --> 0:51:30.920
<v Speaker 1>elect officials who ultimately make the policies, the laws and

0:51:30.960 --> 0:51:34.320
<v Speaker 1>the policies that direct the operations of those government agencies,

0:51:34.320 --> 0:51:36.160
<v Speaker 1>And so I'd prefer to focus on my energy on

0:51:36.520 --> 0:51:40.600
<v Speaker 1>thinking about to what extent is Congress as the bureau prisons, immigration, cousins,

0:51:40.719 --> 0:51:43.160
<v Speaker 1>Enforcement Agency, et cetera. You know what extent are they

0:51:43.400 --> 0:51:48.759
<v Speaker 1>poorly incentivizing Courcivic to live up to its desires to aspirations,

0:51:48.840 --> 0:51:52.279
<v Speaker 1>at least as articulated earlier by Thai referencing it's it's

0:51:52.360 --> 0:51:56.920
<v Speaker 1>it's missions. I want to build on the direction that

0:51:57.040 --> 0:52:00.600
<v Speaker 1>this this conversation has has taken in this movie of us,

0:52:00.680 --> 0:52:03.960
<v Speaker 1>maybe slightly away from course Civic, But I'll start with

0:52:04.080 --> 0:52:07.360
<v Speaker 1>just a question. Do we think that private prisons and

0:52:07.400 --> 0:52:11.879
<v Speaker 1>the privatization of the prison system is a result of,

0:52:12.040 --> 0:52:16.200
<v Speaker 1>or related to the US culture of of mass incarceration.

0:52:16.400 --> 0:52:18.960
<v Speaker 1>The reason I bring this up is because back in

0:52:19.080 --> 0:52:23.600
<v Speaker 1>nineteen sixty one when Dwight Eisenhower, when he was leaving office,

0:52:23.719 --> 0:52:26.200
<v Speaker 1>his final warning to the American people was about the

0:52:26.320 --> 0:52:29.719
<v Speaker 1>rising power of what he called the military industrial complex.

0:52:29.960 --> 0:52:32.680
<v Speaker 1>And today we see the U S engaged in what

0:52:32.800 --> 0:52:37.240
<v Speaker 1>have become called forever Wars. Do either of you worry

0:52:37.320 --> 0:52:41.759
<v Speaker 1>that we're seeing the rise of the prison industrial complex.

0:52:41.920 --> 0:52:46.319
<v Speaker 1>Government and the private sector wrapped together around the most

0:52:46.400 --> 0:52:50.000
<v Speaker 1>vulnerable members of society essentially feeding off their misery. I

0:52:50.040 --> 0:52:52.359
<v Speaker 1>think that that might have been a plausible narrative going

0:52:52.440 --> 0:52:58.960
<v Speaker 1>back into the early two thousand's, particularly the aspect related

0:52:59.000 --> 0:53:02.040
<v Speaker 1>to the private sector company. There is I won't use

0:53:02.040 --> 0:53:06.759
<v Speaker 1>the term collusion, but there's certainly alignment between incarceration and

0:53:06.800 --> 0:53:10.600
<v Speaker 1>economic development. It's perceived by local officials. Have you ever

0:53:10.640 --> 0:53:13.080
<v Speaker 1>tried to close a federal prison or even a state prison.

0:53:13.360 --> 0:53:15.880
<v Speaker 1>You get protesters all over the place because it's loss

0:53:15.880 --> 0:53:19.799
<v Speaker 1>of jobs. So it's not a prison industrial complex per se,

0:53:19.840 --> 0:53:23.040
<v Speaker 1>but certainly some of the actors in the criminal justice

0:53:23.080 --> 0:53:27.279
<v Speaker 1>system have a bias towards maintaining prisons that have to

0:53:27.320 --> 0:53:31.279
<v Speaker 1>be filled. And most of those actors are people who

0:53:31.280 --> 0:53:33.800
<v Speaker 1>are feeding at the trough, whether they are corrections officers,

0:53:33.800 --> 0:53:37.920
<v Speaker 1>prison administrators, vendors selling food to the commissaries, all the

0:53:37.920 --> 0:53:40.600
<v Speaker 1>way up and down the chain to prosecutors and law enforcement.

0:53:40.640 --> 0:53:43.680
<v Speaker 1>I would echo that m concerning I actually say at

0:53:43.719 --> 0:53:46.880
<v Speaker 1>the state level, this is actually a much more pressing

0:53:47.040 --> 0:53:51.319
<v Speaker 1>issue because there you're dealing would local elected officials, often

0:53:51.360 --> 0:53:56.280
<v Speaker 1>state legislators and county commissioners, sheriffs, who really quite clearly

0:53:56.440 --> 0:54:00.760
<v Speaker 1>is see prisons as economic development opportunity these or economic

0:54:00.800 --> 0:54:03.920
<v Speaker 1>development engines, and it's not at all abstract because those

0:54:03.920 --> 0:54:05.919
<v Speaker 1>are the people who live in those communities. And often

0:54:05.960 --> 0:54:09.319
<v Speaker 1>these are very rural communities, they're isolated communities. These are

0:54:09.400 --> 0:54:13.959
<v Speaker 1>places where well paying jobs, decent paying jobs, are hard

0:54:14.000 --> 0:54:16.719
<v Speaker 1>to come by. And so the thoughts that your two

0:54:16.800 --> 0:54:20.439
<v Speaker 1>hundred person private prison facility is about to close down

0:54:20.920 --> 0:54:23.800
<v Speaker 1>means that two hundred of your constituents are about to

0:54:23.840 --> 0:54:26.160
<v Speaker 1>go out of a job. And that's a concern for

0:54:26.200 --> 0:54:29.000
<v Speaker 1>any elected official who's thinking about re election. It's also

0:54:29.120 --> 0:54:31.800
<v Speaker 1>just a concern for a neighbor right, who's thinking about

0:54:32.040 --> 0:54:35.920
<v Speaker 1>livelihoods of the people who live down the street from them, right,

0:54:35.960 --> 0:54:39.440
<v Speaker 1>who make that community. Whatever, whatever the community is, they

0:54:39.480 --> 0:54:43.440
<v Speaker 1>are that community. Okay, this has been a great conversation, um,

0:54:43.520 --> 0:54:45.040
<v Speaker 1>but there are a couple of things that I need

0:54:45.120 --> 0:54:49.280
<v Speaker 1>to do to wrap us up. I want to each

0:54:49.280 --> 0:54:52.240
<v Speaker 1>of you to give Course Civic a B S score,

0:54:53.239 --> 0:54:57.759
<v Speaker 1>So on a scale of zero to one hundred being

0:54:57.800 --> 0:55:00.600
<v Speaker 1>the worst total b S and zero roal being the

0:55:00.640 --> 0:55:05.640
<v Speaker 1>best zero bs. What would you give Course Civic based

0:55:05.719 --> 0:55:09.360
<v Speaker 1>on how they are are delivering on their mission? Say sorry,

0:55:09.400 --> 0:55:13.560
<v Speaker 1>why don't you go first, Yeah, I think i'd say

0:55:13.600 --> 0:55:18.799
<v Speaker 1>they're they're sevent bs. We'll take it. And David, you know,

0:55:18.880 --> 0:55:22.120
<v Speaker 1>I don't think anybody in this space is perfect. I

0:55:22.160 --> 0:55:24.919
<v Speaker 1>think there's always room for improvement. But I don't think

0:55:24.960 --> 0:55:28.279
<v Speaker 1>the core Civic is the company that has been demonized,

0:55:28.360 --> 0:55:30.600
<v Speaker 1>or I don't think the company reflects some of the

0:55:30.800 --> 0:55:33.440
<v Speaker 1>allegations out there. I'd give him a fifteen. That's great.

0:55:33.560 --> 0:55:35.759
<v Speaker 1>Thank you so much for being here today, both of you.

0:55:35.880 --> 0:55:37.719
<v Speaker 1>This was this was a lot of fun. I really

0:55:37.760 --> 0:55:52.040
<v Speaker 1>appreciate you taking the times. So, folks, it's time to

0:55:52.160 --> 0:55:57.440
<v Speaker 1>give Course Civic our official BS score. As you've heard today,

0:55:57.480 --> 0:56:01.160
<v Speaker 1>this one is complicated, so actually a little hard to

0:56:01.200 --> 0:56:04.760
<v Speaker 1>make this call because our experts were so divided. Sharon

0:56:04.800 --> 0:56:08.799
<v Speaker 1>gave them a hundred, says are seventy and David gave

0:56:08.800 --> 0:56:13.840
<v Speaker 1>them fifteen. Because their business model doesn't align with their purpose,

0:56:14.120 --> 0:56:18.320
<v Speaker 1>and because they lack transparency, I've decided to give Course

0:56:18.360 --> 0:56:22.719
<v Speaker 1>Civic a sixty eight. To weigh in with your own

0:56:22.760 --> 0:56:26.120
<v Speaker 1>score or to leave us a message, visit our website

0:56:26.160 --> 0:56:30.440
<v Speaker 1>Calling Bullshit Podcast dot com. We'll track Course Civic's behavior

0:56:30.520 --> 0:56:32.960
<v Speaker 1>over time to see if they can bring that score

0:56:33.080 --> 0:56:36.160
<v Speaker 1>down you'll also be able to see where they rank

0:56:36.239 --> 0:56:39.319
<v Speaker 1>on BS compared to the other companies we feature on

0:56:39.360 --> 0:56:44.200
<v Speaker 1>this show. And if you're running a purpose led business

0:56:44.360 --> 0:56:47.520
<v Speaker 1>or you're thinking of beginning the journey of transformation to

0:56:47.600 --> 0:56:51.200
<v Speaker 1>become one, here are three things you should take away

0:56:51.239 --> 0:56:57.360
<v Speaker 1>from this episode. One, your business model and your purpose

0:56:57.560 --> 0:57:01.040
<v Speaker 1>need to align. That's one of the first principles of

0:57:01.080 --> 0:57:05.040
<v Speaker 1>being purpose led. It's why being purpose led is different

0:57:05.080 --> 0:57:09.680
<v Speaker 1>than engaging in corporate social responsibility. That old fashioned model

0:57:09.760 --> 0:57:12.800
<v Speaker 1>held that companies could make their money anyway they wanted

0:57:13.360 --> 0:57:16.320
<v Speaker 1>and then spend some of their profits on good causes

0:57:16.480 --> 0:57:21.600
<v Speaker 1>to solve their souls. In course civics case, they make

0:57:21.680 --> 0:57:25.439
<v Speaker 1>money on the number of prisoners in their facilities, not

0:57:25.720 --> 0:57:30.760
<v Speaker 1>on successfully rehabilitating them and reintroducing them to society. That's

0:57:30.760 --> 0:57:37.880
<v Speaker 1>a problem. Two. Action is always the cure. Today we

0:57:38.000 --> 0:57:41.960
<v Speaker 1>discussed actions for cour civic like actively engaging with the

0:57:42.040 --> 0:57:46.360
<v Speaker 1>government to create contracts that give them financial incentives to

0:57:46.480 --> 0:57:51.120
<v Speaker 1>achieve their purpose of successfully reintroducing people to society and

0:57:51.200 --> 0:57:57.720
<v Speaker 1>reducing recidivism, and ideas like hiring social workers as prison guards,

0:57:58.520 --> 0:58:02.760
<v Speaker 1>or ideas like becoming proactively transparent with their data and

0:58:02.880 --> 0:58:07.360
<v Speaker 1>holding themselves accountable for hitting the key metrics outlined in

0:58:07.400 --> 0:58:12.080
<v Speaker 1>their purpose, the actions for your company will undoubtedly be different.

0:58:12.360 --> 0:58:19.040
<v Speaker 1>The point is doing is believing and three hope is

0:58:19.080 --> 0:58:23.760
<v Speaker 1>not a strategy, and neither is hiding. Unlike many of

0:58:23.760 --> 0:58:27.360
<v Speaker 1>the organizations we've covered this season, cour Civic isn't a

0:58:27.400 --> 0:58:31.800
<v Speaker 1>household name, but that definitely does not mean that they

0:58:31.840 --> 0:58:36.720
<v Speaker 1>won't eventually be held accountable. Reform in this industry is inevitable.

0:58:37.840 --> 0:58:41.120
<v Speaker 1>So no matter what industry you're in, if you're hoping

0:58:41.160 --> 0:58:44.440
<v Speaker 1>to exist behind the scenes and under the radar and

0:58:44.480 --> 0:58:48.200
<v Speaker 1>get away with being accountable only to your shareholders and

0:58:48.320 --> 0:58:53.080
<v Speaker 1>not to your broader stakeholders, it's time for a new strategy.

0:58:53.240 --> 0:58:57.480
<v Speaker 1>And David Heineger, CEO of Course Civic, if you ever

0:58:57.520 --> 0:58:59.760
<v Speaker 1>want to come on this show to talk about any

0:58:59.800 --> 0:59:03.080
<v Speaker 1>of of topics and ideas we've discussed today, you have

0:59:03.360 --> 0:59:14.640
<v Speaker 1>an open invitation. I'd like to thank everyone who joined

0:59:14.720 --> 0:59:19.680
<v Speaker 1>us today, Sharon Brett, David Sefabian, and say Sar Hernandez.

0:59:20.120 --> 0:59:22.920
<v Speaker 1>You can find all of them on social media. We

0:59:23.040 --> 0:59:26.320
<v Speaker 1>have all of their handles on our website, Calling Bullshit

0:59:26.480 --> 0:59:31.880
<v Speaker 1>podcast dot com, and check out Saysar's books migrating to prison,

0:59:32.000 --> 0:59:36.920
<v Speaker 1>America's obsession with locking up immigrants, and the krimmigration law.

0:59:38.600 --> 0:59:41.920
<v Speaker 1>If you have ideas for companies or organizations we should

0:59:41.920 --> 0:59:45.480
<v Speaker 1>consider for future episodes, you can submit them on the

0:59:45.520 --> 0:59:50.360
<v Speaker 1>site too, And if we unlock something important for you today,

0:59:50.800 --> 0:59:53.880
<v Speaker 1>Subscribe to the Calling Bullshit podcast on the I Heart

0:59:53.960 --> 0:59:58.520
<v Speaker 1>Radio app, Apple Podcasts, or wherever you get your podcasts.

1:00:00.720 --> 1:00:04.760
<v Speaker 1>And thanks to our production team, Hannah Beal, Amanda Ginsburg,

1:00:05.240 --> 1:00:12.160
<v Speaker 1>Andy Kim d s Moss, Hailey Pascalites, MICHAELA. Reid, Parker Silzer,

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<v Speaker 1>Basil Soaper and me John Zulu. Calling Bullshit was created

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<v Speaker 1>by co Collective and is hosted by Me Time onto you.

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<v Speaker 1>Thanks for listening before you go, we'd love to hear

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<v Speaker 1>what you think about the show. Maybe you were inspired

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<v Speaker 1>to take action, maybe you disagree with today's bullshit rating.

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<v Speaker 1>Either way, we want to hear about it. Leave us

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<v Speaker 1>a message at two one two five oh five zero five,

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<v Speaker 1>or send a voice memo to CBS podcast at co

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<v Speaker 1>collective dot com. You might even be featured on an

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<v Speaker 1>upcoming episode.