Despite data, TN not declaring prison overcrowding emergency

The Tennessee prison system is at a capacity level that could allow the governor to declare an overcrowding emergency, giving him and other state officials the power to reduce the number of inmates to a safer level, according to data obtained by The Tennessean.

Despite that data — and a shortage of correctional officers — the head of the Department of Correction and Gov. Bill Haslam say no overcrowding emergency exists.

As of June 30, the prison system was operating at 98.5 percent capacity, with 95.1 percent of total beds filled. State law says if the in-house prison capacity exceeds 95 percent for more than 30 days, the commissioner can ask the governor to declare an overcrowding emergency.

The numbers changed little through July: 94.9 percent of beds were filled, with the system operating at 98.2 percent of its capacity, according to numbers provided by the state.

"Our operating capacity is established lower than the total number of beds available to TDOC. Based on those numbers TDOC is within guidelines and no declaration of overcrowding is required," said Neysa Taylor, a spokesman for the department.

"We consistently utilize efficient bed management strategies to ensure that we are optimizing our resources and taxpayer funding."

The operating capacity is set at 98 percent of total beds available. Taking this into account, the state was operating at a level as of June 30 that qualified as an overcrowding emergency. And year-to-date data calculated in June showed the entire system at 99.9 percent operating capacity. Those figures include operating capacities at or above 100 percent through June for West Tennessee State Penitentiary, Morgan County Correctional Facility and the South Central Correctional Facility.

The law says if an emergency is declared, state and parole officials may determine which prisoners should be granted early probation until capacity reaches 90 percent.

Prisons should operate near full percent capacity, Haslam said in a recent interview with The Tennessean.

"I would think that what a state would want is to a have a system that is somewhere between 90 and 100 percent full. You don't want to be at 110 percent, there are some states that are there. And you don't want to be at 70 or 80 percent because that means you've way overbuilt your capacity," Haslam said.

"Obviously, our desire in Tennessee is to have a smaller prison population, and we're working on some things that we think will address that down the road."

From June 2000 to June of this year, the number of inmates in Tennessee prisons increased from 17,188 to 20,667, according to a state report issued earlier this year. Recently a task force aimed at addressing sentencing reform also recommended lengthening sentences for repeat offenders and enforcing a "clear minimum" for felony sentences.

Prison overcrowding may be the result of a variety of factors, said Chris Slobogin, director of the Criminal Justice Program at the Vanderbilt School of Law.

"Overcrowding can result from a number of variables: (1) higher crime; (2) tough on crime attitudes; (3) disproportionately long sentences; (4) stingy parole boards; (5) pressure by private prisons to ensure the maximum number of state paid-for prisoners; (6) the possibility that prosecutors, paid locally, don't internalize the financial costs of sending someone to state prison, etc.," Slobogin said in an email to The Tennessean.

"Whatever the cause, prison crowding is a recipe for more violence against guards and other prisoners and less humane conditions."

The overcrowding concerns come amid complaints from some correctional officers about the way overtime is calculated and their safety at work. A change from a traditional 40-hour work week to a 28-day work schedule is causing resignations and forcing other officers to work double shifts, according to information provided by employees to The Tennessean.

Fewer officers working longer hours leads to violence and other problems. Two recent, multiple-stabbing events and a brief escape from Tennessee prisons prompted state lawmakers to schedule several hearings to discuss the operation of the prison system. The House State Government Committee is slated to discuss prison staffing during a hearing Monday afternoon.

Haslam and Department of Correction Commissioner Derrick Schofield deny there are significant safety concerns at the prisons. Deeming previous Tennessean reporting on the issue as "incredibly unfair," Haslam said the number of attacks on guards have gone down by as much as 20 percent and the staffing shortage is also due to local competition from other employers.

The Tennessean has reported the number of attacks on guards has diminished. Haslam's now former chief of staff Mark Cate recently told The Tennessean that Schofield assured the administration that the reports of attacks on officers were accurate, and also said Tennessee does not plan to privatize its prison system, a concern raised by some guards.

Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1.