I am writing this document to show ALL who are concerned in justice, equal protection of law and who demand integrity on the part of public servants, of the deliberate violations of law on the part of private prisons in the State of Arizona. This document will show deliberate violations of law on the part of Corrections corporation of America, public servants of Pinal County, specifically the County Board of Supervisors and the Pinal County attorneys Office, who are in fact using their public servant positions to further and or promote the criminal objectives of Corrections Corporation of America.
Due to the length of all the material involved, this document will be done in parts, and for this I am sorry, but this should give you an idea of the amount of criminal violations Corrections Corporation of America is involved in daily in the State of Arizona.
In this text, the "Director" is defined pursuant to A.R.S. 41-1601 as the director of the state (Arizona) department of corrections and pursuant to the same statute, "Department" is defined as the state (Arizona) department of corrections.
In the State of Arizona, to establish
a private prison legally, the requirements pursuant to A.R.S.
41-1609.02 must be met and they are as follows:
Establishment of private facilities; notice; hearing
A. The director may establish private prison incarceration facilities that are dedicated to the confinement of persons who are sentenced to the department.
B. Before incurring any obligation for the establishment of a private incarceration facility, the department shall give at least sixty days notice to all of the following:
1. The president of the senate.
2. The speaker of the House of Representatives.
3. The senate minority leader of the House of Representatives.
4. The state senator and state representative whose legislative district includes the proposed site.
5. Any state senator and state representative whose legislative district is located within two miles of the proposed site.
6. Each member of the county board of supervisors if the proposed site is in an unincorporated area or in the city of town in which the potential site is located.
7. Each member of the governing school board in the county for an unincorporated area or in the city or town in which the potential site is located. The department shall publish a notice of the public hearing in a newspaper or general circulation in the area at least ten days prior to the hearing. After the public hearing the department shall make a final determination of the private detention or private incarceration facility.
D. The final site determination of a private incarceration facility is subject to review be the Joint Select Committee on Corrections pursuant to section 41-1609.04.
In 1993, Corrections Corporation of America initiated negotiations
with the Pinal County Board of Supervisors to own and or operate
a private prison. Corrections Corporation of America did
this on their own and this was not done through the state (Arizona)
department of corrections as required nor were any of the requirements
met pursuant to A.R.S. 41-1609.02, and these negotiations
of Corrections Corporation of America were done to deliberately
circumvent this law.
On 6 January 1994, a contract was drawn
up and signed by Corrections Corporation of America, the Pinal
County Board of Supervisors and the Pinal County Attorneys Office.
This contract was made for the physical location of 1155 North
Pinal Parkway, Florence, Arizona and Corrections Corporation of
America agreed to PAY Pinal County the following so Corrections
Corporation of America could operate at this location:
1. Landscape buffer ($50,000)
2. Security fence for New County Jail ($50,000)
3. Construct water and sewer lines for the facility operated by Corrections Corporation of America and for the New County Jail.
4. Lighted signs for Corrections Corporation of America and New County Jail.
5. An "Administrative Fee" of $2.00 per inmate per day housed by Corrections Corporation of America to be paid to Pinal County.
Now let me add some more interesting information so you can see
clearly that Corrections Corporation of America IS NOT operating
legally in the State of Arizona.
The first item of information is the State
of Delaware, in which Corrections Corporation of America is founded,
DOES NOT ALLOW THE OWNERSHIP AND OR OPERATION OF PRIVATE PRISONS!
This makes the business activities of Corrections Corporation
of America a deliberate defiance of the Constitution of Arizona.
Constitution of Arizona, Article XIV, Section 5
No corporation organized outside the limits of this State shall be allowed to transact business within this State on more favorable conditions organized under the laws of this State; and no foreign corporation shall be permitted to transact business within this State unless said foreign corporation is by the laws of the country, state, or territory under which it is formed permitted a like business in such country, state or territory.
The second item of information comes from the Arizona Corporation
Commission. This agency reports the following companies
allowed to conduct business activities as a private prison operator
or owner.
1.
Esmor
2. Concepts
The fact that Corrections Corporation of America is missing from this list is not a mistake as Corrections Corporation of America is only allowed to provide services in the form of Maintenance, Medical, Kitchen, Janitorial, etc., to an existing governmental prison. Corrections Corporation of America IS NOT AUTHORIZED TO OWN AND OR OPERATE THEIR OWN PRIVATE PRISON!
The third item of information comes from the Pinal County Records Office in Florence, Arizona. This office lists the address of 1155 North Pinal Parkway. Florence, Arizona as an "Agricultural Field" AND THERE ARE NO BUILDINGS AT THIS LOCATION! This address is where Corrections Corporation of America is operating the facility designated as the Central Arizona Detention Center.
Now we shall move into how Correction Corporation of America enters into contracts with different agencies and only simulates compliance with Arizona laws in regard to contracts.
Corrections Corporation of America, in order to sign any contract with any governmental agency for the housing of prisoners, must have said contract approved by the Attorney General of the State of Arizona pursuant to A.R.S. 41-1609.
The Department shall submit all contracts entered into pursuant to subsection B of this section to the attorney general to determine if the contract is within the authority granted under the laws of this state and in proper form. All contracts involving detention or incarceration of adult offenders shall conform to the requirements of section 41-1609.01.
In relation to the contracts that Corrections Corporation of America is or has served since it has opened its doors at the Non-Existent facility call Central Arizona Detention Center (I use the Non-Existent as it is not supposed to be in operation), only the contract with New Mexico has ever been approved by the Attorney General of the State of Arizona. The contracts for prisoners from Alaska, Montana, Oregon, Territory of the Virgin Islands, and Washington D.C., are all signed by the sending authority as saying the contract conforms to the laws of the State of Arizona.
In relation to the contract with the U.S. Marshals Service, this contract was obtained by the Pinal County authorities and they in turn sub-contracted to Corrections Corporation of America without the contract being approved by the Attorney General of the State of Arizona.
The way these contracts are entered into,
and the fact that Corrections Corporation of America is operating
outside its scope of operations as granted by the State of Arizona,
means that Corrections Corporation of America is actually committing
a felony offense under the "Organized Crime" statutes
in the State of Arizona, specifically A.R.S. 13-2310.
Fraudulent schemes and artifices; classification; definition
A. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means or false or fraudulent pretenses, misrepresentations, promises, or material omissions is guilty of a class 2 felony.
B. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
C. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon, or release form confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 14-1604.07, or the sentence is commuted.
D. The State shall apply the aggregation prescribed by section 13-801, subsection B to violations of this section in determining the applicable punishment.
E. As used in this section, "Scheme or artifice to defraud" includes a scheme or artifice to deprive a person of the intangible right of honest services.
Due to this violation of the law, the Definitions pursuant to
A.R.S. 13-2301 come into play as the following is evident
due to the continuing criminal activities of Corrections Corporation
of America on a daily basis in which they receive a benefit per
day for the housing of prisoners.
C. For the purposes of this chapter:
2. "Criminal syndicate" means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct which violates any one or more provisions of any felony statute of this state.
Now we shall move to the types of prisoners that are allowed to be held at the Central Arizona Detention Center if it was operating legally by Corrections Corporation of America.
According to Arizona law, specifically
A.R.S. 41-1609 D.2., only the following types of prisoners
are allowed to be housed at the Central Arizona Detention Center.
"Detention" means facilities and services that are dedicated to the temporary custody of parole and administrative releases who are awaiting due process hearings for allegedly violating their release conditions or persons whom the department determines should not be returned to a regular correctional facility.
IN ALL CASES OF CONTRACTS that Corrections Corporation
of America has had in the State of Arizona at the site known as
Central Arizona Detention Center, the prisoners held are either
pre-trial in the case of prisoners from the U.S. Marshals Service
and sentenced prisoners actively serving their sentences in all
other contracts, and this is not what this statute allow to be
held as for as the type of prisoner.
Now we will move into the employees of Corrections Corporation of America. These employees use the "Official" titles of "Warden", "Assistant Warden", "Investigator", and "Correctional Officer" in connection with their employment and job duties with Corrections Corporation of America. This use of "Official Titles" is to give a person the impression that these employees are in fact "Public Servants" and that they have a "Special Authority" in connection with their duties and that persons must submit to and or rely on that "Authority". The truth of this matter is far from what Corrections Corporation of America pretend.
In A.R.S. 41-1683 employees of private prisons are designated by law as follows:
A Security Officer employed by a private prison contractor shall be at least twenty-one years of age and have no felony convictions.
This designation gives a far different reality of the situation and shows what Corrections Corporation of America has its employees "Pretending" to be, and as Security Officers, there are professional requirements by law that must be complied with before any of these employees are able to legally work for Corrections Corporation of America if that company was actually legally engaged in a business enterprise in the State of Arizona.
First we go to Arizona Revised Statutes for Professions and Occupations, specifically Title 32, Chapter 26 for Private Security Guards. Under A.R.S. 32-2601 11 the following definition applies for those employed by Corrections Corporation of America.
"Security Guard" means any person employed by a private security guard service as a private policeman, special policeman, watchman, patrolman, bodyguard, personal protection guard, private security guard or other person who performs security guard services, but dies not include and regularly commissioned officer or railroad police appointed pursuant to section 40-856.
Next, we move to the area that applies to all employees as to their employment with Corrections Corporation of America, specifically A.R.S. 32-2621 which not one employee has ever complied with.
Necessity of security guard registration
A. No person, except a regularly commissioned peace officer, shall act, attempt to act or represent himself as a security guard unless such person is registered as a guard pursuant to this chapter and acting within the scope of his employment for an agency licensed pursuant to article 2 of this chapter.
B. The provisions of this article shall not apply to individual agency licensees or to qualifying parties, officers, directors, partners or managers or an agency licensee who are licensed pursuant to article 2 of this chapter.
In the case of the employees of Corrections Corporation of America, NOT ONE EMPLOYEE IS REGISTERED IN CONNECTION WITH THEIR EMPLOYMENT WITH CORRECTIONS CORPORATION OF AMERICA. The verification of this lies with the identification cards that the employees of Corrections Corporation of America display. These identification cards have all the information as required pursuant to A.R.S. 32-2633, but the reality is that this is a blatant simulation of compliance with the law. If these identification cards were legal they would have been issued by the Arizona Department of Public Safety along with a registration certificate pursuant to A.R.S. 32-2624. As these employees are operating in violation of this requirement, this is in fact a criminal offense pursuant to A.R.S. 32-2637.
Violations; classification
Any person who violates any of the provisions of this chapter is guilty of a Class 1 misdemeanor.
In the case of employees being employed without being registered, this violation would have the specification of A.R.S.32-2636 A. 7., and this is count 1 of a criminal complaint.
Now, I return to the "Official Titles" that these employees are using in connection with their duties while being employed by Corrections Corporation of America. This use of "Titles" of Warden, Assistant Warden, Correctional Officer, are in fact a criminal offense pursuant to A.R.S. 13-2406, as no employee of Corrections Corporation of America has been through the Correctional Officer Academy in Tucson, Arizona in connection with their employment with Corrections Corporation of America, and, they are in fact, not a public servant in any way, shape or form.
Impersonating a public servant; classification
A. A person commits impersonating a public servant if such person pretends to be a public servant and engages in any conduct with the intent to induce another to submit to his pretended authority or to rely upon his pretended official acts.
Class 1 misdemeanor
Now, for the second charge under A.R.S. 32-2637, with the
specification under A.R.S. 32-2637 A. 5., and then add
the criminal charge as listed for impersonating a public servant,
we are now at three criminal charges.
As we have established that Corrections Corporation of America is a "Criminal Syndicate" by the definition on page 4 of this document, the added charge, a felony at that, is then added to all employees that are employed by Corrections Corporation of America, for being employed by an illegal enterprise pursuant to A.R.S. 13-2312.
Illegal control of an enterprise; illegally conducting an enterprise; classification
B. A person commits illegally conducting an enterprise if such person is employed by or associated with any enterprise and conducts such enterprise’s affairs through racketeering or participates directly or indirectly in the conduct of any enterprise that the person knows is being conducted through racketeering.
Class 3 felony
Under the " Organized Crime" statutes of the State of Arizona, for racketeering to be evident for this crime, I give you the following under the definitions of A.R.S. 13-2301.
D. For the purposes of sections 13-2312 through 13-2315, unless the context otherwise requires:
2. "Enterprise" means any corporation, partnership, association, labor union, or other legal entity or any group of persons associated in fact although not a legal entity.
4. "Racketeering" means any act, including any preparatory or completed offense, which is committed for financial gain, which is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, which would be chargeable or indictable under the laws of this state had the act occurred in this state and which would be punishable by imprisonment for more than one year, regardless of whether such act is charged or indicted, involving:
(m) Participating in a criminal syndicate
(t) A scheme or artifice to defraud
Now we have shown that the employees of Corrections Corporation of America are in fact firmly established in the crimes associated with "Racketeering" in connection with their employment, and we will further establish that these employees are in fact criminally impersonating public servants and authority.
This further verification stems from three sources, the first is Arizona Revised Statutes, which if these employees were legally employed, this statute, specifically A.R.S. 32-2634 clearly gives the authority of employees of Corrections Corporation of America.
Authority of security guard; limitations
A person employed as a security guard shall not possess the authority of a regularly commissioned police or peace officer. Any duties performed by a security guard shall be performed in the capacity of a private citizen.
This statute is furthered by two federal rulings involving Corrections Corporation of America employees with the following given in both cases:
CCA is purely a private corporation, and its employees are private individuals who are contracted to do the corporations business. There is no compelling reason why these private parties should not have to come to court, like any other private party, to defend themselves when another citizen claims that they have violated his legal rights.
Mere performance of governmental function does not entitle private persons to qualified immunity under § 1983, especially one who performs a job without governmental supervision or direction.
These cites have come from the federal ruling of Manis v. Corrections Corporation of America, 859 F.Supp 303, and Richardson v. McKnight, 117 s.ct 2100. It is very clear from this information and the fact that under A.R.S. 41-1604 which, if Corrections Corporation of America employees were in fact public servants they would be designated as "Peace Officers", that these employees are actively committing the crimes as outlined.
As for Corrections Corporation of America employees who claim the title of "Investigator", we have another criminal act, as the title claimed is in reality a fantasy on the part of Corrections Corporation of America. To be a private investigator in the State of Arizona, these persons would need to be licensed under A.R.S. 32-2421.
Necessity of license; violation; classification
No person may engage in a business regulate by this chapter or act or assume to act as, or represent himself to be, a licensee or registrant unless he is licensed or registered under this chapter, and no person my falsely represent that he is employed by a licensee. A person who knowingly violates this section is guilty of a class 6 felony.
The employees of Corrections Corporation of America on a daily basis claim that they are legal investigators despite the fact THAT NOT ONE OF THESE EMPLOYEES ARE IN FACT LICENSED AND THEREFORE UNDER THIS LAW THEY ARE COMMITTING A FELONY ON A DAILY BASIS. In fact, if I were to become real specific about this, we would actually have two counts under A.R.S. 32-2401.
20. "Unprofessional conduct" means any of the following:
(a) Engaging or offering to engage by fraud or misrepresentation in activities regulated by this chapter.
(b) Aiding or abetting a person not licensed pursuant to this chapter in representing that person as a private investigator in this state.
Now, that we have firmly established that Corrections Corporation of America is in fact an illegal enterprise in the State of Arizona and the employees of Corrections Corporation of America are in fact committing criminal offenses in connection with being employed, let us now take an even closer look at the involvement of the Pinal County Attorneys Office in the association with Corrections Corporation of America and the active use of their positions as public servants to further and or promote the criminal objectives of this criminal syndicate which is a criminal offense pursuant to A.R.S. 13-2308.
Participating in or assisting a criminal syndicate’ leading or participating in a criminal street gang
A. A person commits participating in a criminal syndicate by:
4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty;
In the case of the Pinal County Attorneys Office, they are using their office to prosecute prisoners for "Escape" from a facility that does not legally exist, and prosecuting prisoners for "Aggravated Assault" for employees of Corrections Corporation of America getting hit, when we have established that these employees are not in fact legal.
Ladies and gentlemen, I believe that this
will now have your attention, and due to the amount of information,
this part is at an end but I will soon have part two the this
"Exposure" out with even more added criminal activities
for all to see and demand answers as to what shall be done about
these flagrant violations of the law on the part of Corrections
Corporation of America and the public servants of Pinal County.
Private Prisons in Arizona: Introduction