TDCJ brass were closely involved in the development of recommendations by The Moss Group, the consulting firm referenced in Perry's letter. According to the report, "top-level central and regional office executives and unit based senior management staff actively engaged in the analysis and remedy process along with the consultant team. Their daily participation and interaction with the consultant team is a testament to the value and importance they have placed on realizing compliance with this PREA standard."
Indeed, it appears the Governor's letter significantly overstated the scope and negative impact of the consultants' recommendations. Wrote Perry:
Because PREA standards prohibit most cross-gender viewing, TDCJ would be compelled to deny female officers job assignments and promotion opportunities, simply based on their gender. A consultant referred to TDCJ by the PREA Resource Center absurdly suggested that TDCJ solve this problem by removing security cameras and obstructing line of sight. That is ridiculous. Doing so would not only be a security risk for both prisoners and staff but also increase the likelihood of assaults taking place, defeating the intent of the law.As it turns out, that was an exaggeration. The recommendations would by no means "prohibit most cross-gender viewing." In fact, the limitations suggested were remarkably modest and narrow.
As far as "removing security cameras," there were two references. They suggested that cameras shouldn't be "pointed directly into the dormitory bathrooms allowing remote cross gender viewing of inmates," noting that "it is not a mainstream practice to have cameras pointed directly into toilet and shower areas." If it's true that's "not a mainstream practice" and other correctional facilities across the country operate without aiming cameras at the bathrooms, why can't TDCJ?
Similarly, regarding "obstructing line of sight," the consultants suggested that "privacy mesh screens could be used to obscure the inmates' buttocks and genital areas during strip searches while still affording staff appropriate views of the inmates for security purposes." In documents that TDCJ (inexplicably) did not include in their response to my request, "The process of identifying the precise spots on the floor or ground that could be marked where inmates could stand to be outside of camera or other view was laid out." The goal was to "moderate or curtail" cross-gender viewing, not to ban it.
The other mention of obstructed viewing involved work areas and housing pods "where inmates could be viewed showering or using the toilet facilities," but the consultant said those "were less of a challenge. The team found that many of the areas currently open to cross-gender viewing could be easily mitigated with half shower doors and privacy panels that would not impede security viewing of the offenders."
The report did not suggest eliminating female CO positions nor that women officers couldn't staff men's prisons, nor would the recommendations forbid viewing inmates in showers and restrooms for security purposes. They recommended slight modifications in how pat down searches were conducted but didn't say women couldn't do them. And they recommended that female "escort staff" move out of the line of sight when strip searches were being performed. But if they're not performing the strip searches, anyway, such a restriction hardly means TDCJ would be "compelled to deny female officers job assignments and promotion opportunities, simply based on their gender."
Overall, the consultant found that TDCJ for the most part complies with the law already and did not have far to go to meet PREA standards. "Prior to the onsite work, TMG Consultant Jeff Shorba conducted a review of TDCJ policies related to cross gender viewing and searches. He found the policies to be comprehensive and well written and needing only very minor refinement. It is clear that TDCJ has expended enormous effort in the timely address of PREA requirements." That and the fact that TDCJ's general counsel seemed unaware of the governor's concerns makes one wonder about the defiant tone in Gov. Perry's letter.
Indeed, nobody at TDCJ seemed to have told the consultant their concerns were "absurd." Instead, "The department and unit staff appeared receptive to the recommendations offered and seemed confident that the solutions proposed were reasonable and viable." It's difficult to understand how Texas got from there to Gov. Perry calling the recommendations "absurd," "ridiculous," "ill-conceived," and "inconsistent" with federal laws.
I was only sent this six-page memo, but it appears there should have been more documentation that was responsive to my open records request. I sent TDCJ a followup email yesterday declaring:
I'd also asked for any correspondence to and from the consultant. Is it the case that no one at TDCJ had any email exchanges with the consultant before or after this report was issued? That seems unlikely. If there was such correspondence, please find it and forward it, including any attachments.If I get more details in response, obviously I'll post them at a future date. The whole episode strikes me as peculiar. You'd think if TDCJ found the consultant's recommendations untenable, somebody would have mentioned it to The Moss Group before the governor issued his letter.
In addition, according to the report, "At the end of each unit analysis, a comprehensive, facility-specific closeout detailing findings, conclusions and recommendations was conducted." However, those facility-specific recommendations were not included in your response. Could you please locate them and forward them? That information to me seems as though it should be responsive to my March 28 request.
MORE: Via the Texas Prisons blog from the president of the TDCJ guards union, Lance Lowry, who called Perry's claim of potential gender discrimination because of PREA compliance "nonsense."
See prior, related Grits posts: