MEDIANEWS GROUP FILE PHOTO
Delaware County’s prison is located in Concord.
By a 6-to-2 vote Tuesday, the Delaware County Jail Oversight Board moved to terminate the contract with GEO Group Inc. for managing the 1,883-inmate county prison in Concord.
“Fundamentally, this comes down to what do we envision as the role of a jail in our society,” Kevin Madden, board chair and county councilman, said. “If it is merely to warehouse humans, then, you know, probably the simplest thing would be continuing with a private operator … but if we believe in restorative justice, if we believe in redemption, if we believe we all, in fact, gain and our community is healthier when we help those struggling with drug addiction and mental health issues to get the help they truly need … then those goals are diametrically opposed to the interests of a for-profit enterprise.”
Those voting for the termination included Brian Corson, Jonathan Rahim King, county Executive Director Howard Lazarus, county Controller Joanne Phillips, county Sheriff Jerry L. Sanders and Madden. Opposing included Common Pleas Court Judge John A. Whelan and Deborah Love. Common Pleas Court Judge Mary Alice Brennan was not in attendance.
The measure will now go before county council, which is expected to vote on it at next Wednesday’s meeting.
By the same vote, the board also agreed to move towards hiring contractors to provide medical services, food services, maintenance and commissary services at the prison. Madden said the procurement staff is crafting the motions for county council to consider in terms of which contractors will be awarded these contracts.
GEO Group Inc. first operated the George W. Hill Correctional Facility from 1998 until 2009 when Community Education Centers took over the contract. In 2017, GEO acquired CEC. In December 2018, the then-county Board of Prison Inspectors signed a five-year, $295 million contract with GEO, which included a termination clause for the county requiring a 180-day notification. Delaware County officials anticipate fully operating the prison by April.
On Wednesday, the GEO Group Inc. issued a statement following the board’s decision.
“As long-standing partners with Delaware County as the contracted management provider, we acknowledge the county’s legal authority to end its management contract with a six-month notice,” it read. “As previously stated on several occasions, we do not dispute the county’s authority to terminate the contract, but we do dispute the misleading and misinformed findings of the county’s financial and management analysis, along with any reason for termination that is unsound and politically motivated. We will work in cooperation with the county to transition the management to the county so it can outsource the services to multiple private entities. More importantly, we will continue to ensure a safe environment for those we serve and those we employ throughout the transition period.”
At Wednesday’s meeting, findings of the CGL study completed earlier this year were summarized, including that the county could realize anywhere from $3 million to $10 million annual savings through deprivatization.
It also noted that transition costs for information technology, human resources and for CGL would be $1.37 million, plus another $8 million for equipment and furniture if purchased new and $14 million for capital improvements such as replacing the roof, updating the kitchen and camera system, perimeter and security upgrades that are needed regardless of who is operating the facility.
This analysis said the figures were based on a full capacity prison and that a smaller population would net in more savings for the county. On Tuesday, officials said the population was approximately 1,500.
The board members offered their opinions on their votes, including Love and Whelan who expressed concern that information on services that the county was taking back, including the medical, food, commissary and maintenance, were not being shared with board members who are charged with making these decisions.
“To make some of these assumptions without the hard data behind it, I’m challenged to do that,” Love said.
Whelan agreed.
“I wish all of the information available to the consultants was available to the board in detail,” he said, adding that assumptions are open to interpretation.
Adding that the most difficult institution in the world to run is a prison, Whelan continued, “If the GEO contract is terminated, is this county ready to provide what they believe to be better services for these people that are committed? It’s a very, very difficult task as we all know … I don’t know if we’re treating GEO fair in this by not trying to remedy some of the defects that exist but I understand, I know, the board is acting in good faith.”
With that in mind, the judge said he believed the issue came down to a philosophical difference of whether or not a prison should be run privately or publicly.
“For me, it’s simply whether or not this decision is going to improve the lives of the residents of the Delaware County prison,” Whelan said. “And, I’m just simply not convinced it is but I am committed, regardless of the vote, that we will work on a regular basis, every month, to improve that quality of care of these inmates.”
The board chair said Delaware County would not be the first to operate its own prison.
“Let’s not forget, there are 67 counties in Pennsylvania,” Madden said. “Sixty-six of them utilize a publicly-manned jail. We’re not considering something here that would be reinventing the wheel that hasn’t already been invented thousands of times across the country … We’re not inventing time travel here. This isn’t something that hasn’t been done before.”
Corson in his comments said he began this process by being committed to both scenarios, noting that there have been successes under the GEO model.
“However, we can do better and, quite frankly, we need to do better,” he said, giving the example of the challenges occurring with expanded the Medication-Assisted Treatment programs at the facility. “It has been my experience that under GEO, we as a county would be unable to address such issues as additional programming and support for substance abuse, better technology, more collaboration with our criminal justice system, more resources for mental health, re-entry and for low wages for correctional staff.”
He noted that the county does not have the authority to address these issues without a takeover.
Lazarus said he saw his position as one of making sound judgement based on the values of the community.
He noted other counties provide better compensation for their prison staff, they have less turnover and they provide better working conditions, thus resulting in better recidivism and staff retention rates.
The majority opinion said now is the time to take action regarding this matter.
“Delaware County is ready to succeed in making this transition occur,” Madden said. “And, at this point, there is more risk in sticking with the current operator, allowing the situation to further erode than there is in moving forward. We are ready. And the thousands of our own members of our community, our parents and brothers and sisters and … neighbors who have fallen into a dark place in their lives, they require us to act now.
“As residents and taxpayers, we will also be better off with a county jail that is laser-focused on reducing recidivism and improving the health of our entire community instead of maximizing its profits,” he said.
