Fall 2000 -- NCX



PARALEGALS, HELP!

Private prisons are practicing func-tions that cannot be constitutionally del-egated to them, and many private prisons operate contrary to state and federal law. In Colorado, Governor Bill Ownes has allowed the Dept. of Corrections to authorize private prisons to practice functions prohibited by state law. The State also releases confidential information contained in inmate files into the custody of private prison employees without consent of the inmates in violation of federal confidentiality regulations, 42 CFR section I. Pursuant to Colorado Revised Statue CRS 7-1-203, Department of Corrections "shall not" authorize a contractor to make a final determination on a disciplinary proceeding affecting the "liberty" of an inmate. Nor shall the DOC authorize a "contractor" to make any recommendations to the Board of Parole. Only written statements are authorized by this statute and not verbal contact. Yet the State has violated its own law and authorized these activities.

Furthermore, only police and other authorized public employees may seize and store illegal drugs, contraband, etc., but private prison employees-who have all the civil service rank of fast food employees-practice "seizure agency" functions contrary to law. Private prison industries have made a commodity of offenders. Professional lobbyists and prisoncrats pull strings and turn heads.

Paralegals: please help by researching these issues in your state. Verify or negate my assertions, help organize a group dedicated to challenging governmental power to authorize private corporation employees to practice police and government agency functions on citizens, or help by recommending how we may proceed to alter this course of events. Write: James Ray Howard, #65679 LCF/DOC, P.O. Box 10,000 Limon, CO 80826.


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