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GOP and Democratic lawmakers grill Tennessee officials, blast private prisons over scathing audit

Dave Boucher
The Tennessean

In a rare procedural rebuke, state lawmakers delayed reauthorizing the Tennessee Department of Correction amid concerns highlighted in a recently released audit of the state’s largest, privately run prison.

Wednesday’s move shows the frustration and concern of both Republican and Democratic lawmakers about the issues raised in the scathing audit concerning Trousdale Turner Correctional Center, operated by CoreCivic, previously known as Corrections Corporation of America. 

More:Gangs, insufficient staffing plague troubled Tennessee private prison, state audit finds

More:Private prison chief: 'We've got work to do' at Trousdale facility

In 2016:New Tennessee prison stops taking inmates amid 'serious issues'

​​​​​​​"Sometimes when you're in the wrong, you have to take it like a jackass in a hail storm...Department of Correction, you've failed in a lot of areas. It's egregious to the people of Tennessee, to the taxpayers and to the people that are there in the prisons," said Rep. Jeremy Faison, R-Cosby, calling for "serious change" in the coming months.

"This is a prime example why, constitutionally, the government is responsible to carry out justice...This is proof of what I've been saying for years: There's a problem with a for-profit prison." 

Democrats vowed Tuesday to not reauthorize the Department of Correction during Wednesday's hearing. Although Republicans initially agreed to reauthorize the department for two years, they eventually agreed to continue discussing the department's future during a December hearing. 

Typically, departments are authorized for four years. In theory, not reauthorizing the department would mean at some point in the future the $1 billion department would be dissolved.

Tennessee Department of Correction Commissioner Tony Parker and officials from  CoreCivic — previously known as Corrections Corporation of America — did not dispute the bulk of the findings. While Parker said the prison and department have improved operations since the facility opened in January 2016, he acknowledged the problems found in the audit are serious. 

“If you have a critical post that is not filled…yes, it could jeopardize the security and safety of the facility,” Parker said.

Parker vowed to increase audits at the CoreCivic prison, but he and other department officials demurred on questions about whether CoreCivic had violated the terms of its five-year, $276 million contract at the Trousdale facility. 

Sen. Kerry Roberts, R-Springfield, said he's not advocating to end the contract but the state needs to recognize there is a problem. 

"It appears that we have non-performance of a contract," said Roberts, adding he wants to ensure inmates aren't punished excessively at Trousdale compared to other facilities. 

"Now we're punishing beyond punishment, and that's what I care about here."

Representatives from the Tennessee Comptroller's office outlined a litany of findings during a nearly four-hour legislative hearing, the latest in a series of problems revealed through state and media investigations. 

Lawmakers debated a scathing state audit of Tennessee's largest private prison Wednesday during a legislative hearing.

"Trousdale Turner Correctional Center management’s continued noncompliance with
contract requirements and department policies challenges the department’s ability to
effectively monitor the private prison," the audit states. 

Sen. Mike Bell, R-Riceville, questioned how CoreCivic could "neglect" what he considered a simple task: providing accurate information to auditors. 

While Parker said CoreCivic tried to provide information after auditors visited the prison, an auditor said the comptroller can't trust the veracity of such documents provided after the fact. 

Democrats don't have the political power — or will — to not reauthorize the department, they hoped the maneuver would force lawmakers and correction officials to address the problems found in the audit. 

House Minority Leader Mike Stewart, D-Nashville, pushed correction Commissioner Tony Parker to do more to revise practices at Trousdale and oversight of their staffing practices. 

"There's clearly, from your admission, there's been no true investigation to find out if the comptroller's findings are the tip of the iceberg," Stewart said during the hearing. 

Advocates, inmates, officers and their families have long said the facility is overly dangerous. A former employee previously told USA TODAY NETWORK-Tennessee he felt less safe in Trousdale than he did during his two decades in the Army, which included a deployment during Desert Storm. 

The audit indicated Trousdale may have had an inordinate number of gang-affiliated inmates or others who may pose safety concerns.

Auditors said when they visited the prison "the department was in the process of transferring approximately 40 inmates per day in and out of the facility to reduce the percentage of confirmed gang-affiliated inmates at the facility."

They also noted significant staffing issues that may be worse than meets the eye due to shoddy paperwork. 

"A sample of 3 different days in 3 months revealed 44 critical posts unstaffed. We might have identified more unstaffed posts, but our review was limited by the blank staffing rosters," the audit states.

Lawmakers are almost guaranteed to reauthorize the department at some point, but the reauthorization, or "sunset" process, allows for more legislative oversight of the practices at each state department. 
