Americans rely on our justice system to hold those accountable who violate the law and cause harm to their fellow citizens. But who is responsible for holding the justice system accountable when it falls short of its own standards?
Recently, Congress provided a partial answer by overwhelmingly passing the bipartisan Federal Prison Oversight Act. The legislation aims to address the growing crisis in the federal prison system, including severe understaffing; crumbling infrastructure; widespread and unacceptable reports of physical and sexual abuse; lack of adequate health and education programming; and substandard food and nutrition.
Credit: LYNSEY WEATHERSPOON
Credit: LYNSEY WEATHERSPOON
Credit: Handout
Credit: Handout
Unfortunately, here in Georgia we continue to see reports of similar challenges in our own jails and prisons, with little focus on timely, sustainable and meaningful change.
In the first seven months of 2024, there have been at least 172 deaths in Georgia prisons. Violence in the Fulton County jail continues unchecked amid an ongoing federal civil rights investigation. Former corrections officers report that understaffing has been so severe that on some days there might be 15 officers on a shift responsible for guarding 1,500 men. It is becoming clear that both correctional staff and incarcerated people in Georgia are at risk of death or serious injury because of understaffing, crowding and dangerous conditions.
Fortunately, some progress is on the horizon.
In June, Georgia Gov. Brian Kemp announced a partnership with Guidehouse to conduct a systemwide assessment of the Georgia Department of Corrections. House Speaker Jon Burns has created a new appropriations subcommittee to consider the fiscal impacts of proposed corrections policies. And state Sen. Randy Robertson’s study committee still has the opportunity to propose recommendations on how to improve the safety and welfare of GDC employees and people in custody.
Though these initial steps are praiseworthy, a one-time assessment is not enough. Georgia lawmakers and the public need both sustained action and greater information. This includes data on how jail and prison conditions are or are not improving and what the state is doing to address long-standing recruitment and retention issues, improve correctional management and medical care, reduce sexual and physical violence and ultimately make prison a place of accountability and rehabilitation.
The Federal Prison Oversight Act presents a potential model worthy of consideration. Under the act, the Inspector General will conduct regular inspections of federal prisons and assess conditions. They will then produce facility-specific reports summarizing their findings and recommendations and provide a risk score for the facility, which will determine how quickly a subsequent inspection is required.
A new Ombudsman Office at the Department of Justice will be responsible for receiving and investigating complaints, via a standardized form or complaint hotline, from correctional staff, incarcerated persons and their families and members of Congress or the federal judicial branch.
The Ombudsman Office may refer complainants to appropriate resources or other agencies, investigate the complaint and recommend actions for change or decline to investigate and notify the complainant in writing of their rationale. The Bureau of Prisons must respond to their inquiries and recommendations and provide updates. These two changes will bring about more transparency and allow lawmakers and the public to track long-term progress on key metrics from an independent source.
In addition to creating independent oversight, Georgia also must think strategically about how to prevent and reduce overcrowding in state and local facilities. Georgia and North Carolina share nearly identical populations, but Georgia hosts more than 51,000 inmates in its state prisons, compared with slightly more than 31,000 in North Carolina. Last year, Georgia state prisons were filled to 93% of their capacity, and 96% of county prison beds were filled.
Legislators should remember that bills to lengthen sentences and reduce opportunities to earn release increase demand on the prison system and come at a significant cost to the Peach State. Each year, the GDC uses nearly $1.5 billion in state spending. Georgia has already paid out nearly $20 million in settlements over the past six years relating to death, neglect and injuries in GDC facilities. And lawsuits from family members of people murdered, neglected or injured behind bars continue to pile up.
On the other hand, measures to support successful reentry into society and reduce recidivism will lower burdens on our strained corrections system while actually improving public safety. We need sophisticated, holistic solutions for change and not simply to resort to building more facilities.
A prison sentence or offer of employment to be a correctional officer should not be a death sentence, license for abuse or excuse to ignore neglectful government. Family members should not be scared that a loved one will be murdered or never come home from their shift. PTSD and sexual violence should not be a part of the job.
Georgia legislators and leaders must act to restore trust in our justice system and ensure civil and human rights are respected.
Timothy Head is the executive director of the Faith & Freedom Coalition. Frank Russo is associate general counsel of the CPAC Foundation.
