Hobbs' panel says Arizona prisons lack oversight

PHOENIX — A special panel says it lacks the authority to provide what Gov. Katie Hobbs said she wanted — actual, meaningful oversight of the $1.1 billion state prison system where about 35,000 people are locked up.

The Prison Oversight Commission created and appointed by Hobbs says it held regular meetings, conducted two site visits and reviewed data from the Arizona Department of Corrections, Rehabilitation and Reentry. That was in line with the Democratic governor’s executive order soon after she took office in January that the commission look at everything in the prisons from medical and mental health care; to security; availability of basic necessities including nutrition, medicines and sanitary products; to access to family members and legal representatives.

The panel’s preliminary report does find a variety of problems, ranging from meal quality that contributes to poor health; to access to basic hygiene items; to being able to call family and lawyers.

But its main conclusion is that Hobbs’ commission lacks what member Walt Blackman, a former legislator, calls “teeth” — including the time, staff, resources and power to actually do anything.

Blackman suggested it could be structured like the Arizona Auditor General’s Office, which has a full-time staff, the power to issue reports on shortcomings it finds in state agencies, and the ability to follow up to ensure recommended fixes are carried out.

The bottom line, the Prison Oversight Commission says, is that if Hobbs really wants the external oversight her executive order called for, she needs something far different than what she formed: a group of 11 members who, except for someone from the prison system, all have other jobs.

“A volunteer commission faces significant challenges to conducting meaningful, independent oversight of the state’s corrections system,’’ says the report obtained by Capitol Media Services. “Significant time must be dedicated to deliver effective solutions.’’

The panel said it can serve as an advisory commission, but actual oversight requires more, starting with independence. “It cannot truly serve as an independent oversight commission while housed within the governor’s office,’’ the report says.

The members want a permanent panel, with dedicated funding and staffing, “to accomplish meaningful and credible work.’’ That will require legislative changes, not just to empower a commission but to ensure it becomes a permanent fixture, not subject to the whims of whoever is in the governor’s office.

But Hobbs is declining to commit to the whole idea that comes from her own commission.

Instead, gubernatorial press aide Christian Slater issued a statement saying Hobbs thanks the members “for their steadfast efforts examining our prison system and commitment to improve it.’’ He said Hobbs “looks forward to continued conversations with stakeholders to find the best path forward.’’

Oversight proposals

There is a model of what the commission is calling for.

Blackman, who was a Republican state representative, introduced legislation in 2022 to create a separate Office of the Independent Corrections Oversight Committee, complete with the power to subpoena documents and investigate complaints by not just inmates but staffers. It also would be charged with making specific and public recommendations of improvements.

But Blackman could not even get fellow Republican Rep. Kevin Payne of Peoria to give it a hearing in the Houses Committee on Military and Public Safety he heads. So the bill died.

Blackman did not seek reelection that year, opting instead to make an unsuccessful bid for Congress. He is, however, trying to get his old House seat back in 2024.

In the interim, he is working with Rep. Analise Ortiz, a Phoenix Democrat who also was on the governor’s commission, to craft a proposal for the legislative session that begins in January.

Ortiz told Capitol Media Services the situation in the correctional system — and the resulting costs of everything from federal lawsuits over heath care to recidivism — have finally reached the point where there could be bipartisan support for more oversight.

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Hobbs, in her January announcement forming the commission, specifically stressed the need for review of access and quality of medical care and mental health programs. That came after U.S. District Court Judge Roslyn Silver declared the care provided by the state at prisons is “plainly grossly inadequate’’ and state officials were acting “with deliberate indifference’’ to the substantial risk of harm to inmates.

The judge’s ruling ultimately resulted in a plan to add $117 million to the corrections budget this year to respond to the court order, adding to a state budget already $400 million in the red.

Blackman said that addressed a specific symptom. But he said the panel believes all that needs to be looked at from the perspective of how to avoid such costs in the first place.

“If we bring the prison system to a spot where ... the recidivism is cut back, where we are able to have programming there that works so that these folks don’t reoffend, that means we can take more of that money that we are using in the prisons and can put it into K through 12 (education),’’ he said.

The recidivism problem is such that more than half of those behind bars have been there before, according to the most recent report from the corrections department.

Spend now, save later concept

Blackman said the ballooning health-care costs also can be traced to the failure to address some issues up front.

Consider, he said, the report’s finding that out of 46 men in the system asked about meal service, 42 reported problems.

“In addition to reporting issues with portion sizes and quality of meals, many men reported that meal times were wildly inconsistent,’’ the report says.

Blackman said there is evidence the health issues some inmates are having is due to the lack of nutritious food and to the hours meals are being served.

“As a result of that, a lot more inmates are going to the infirmary because of health issues related to a bad diet,’’ he said.

“I’m not talking T-bone steaks and all that stuff,’’ Blackman said. “I’m talking nutrition, food that’s going to keep them healthy.’’

Ortiz said there are indications that Arizona lawmakers, including Republicans who control the House and Senate, appear to be coming around to the idea that spending some money up front is more cost effective in the long run.

She cited legislation that requires the corrections department to help people get set up with an identification and get workforce training before they leave prison.

“That is a small step, but an important one,’’ Ortiz said.

“We are beginning to see bipartisan agreement on a lot of these reforms,’’ she continued. “Because when it comes down to it, people from all sides of the aisle are tired of spending $1.1 billion on a prison system that frankly has not worked.’’

She said another indication of recognition that money must be put into the system is that lawmakers agreed to phase out the use of evaporative coolers in the prison system and to upgrade aging air conditioning. Still, Ortiz said, she hopes to convince colleagues to speed up the process, in the wake of a brutally hot 2023 summer.

She also noted none of those required upgrades will apply to private prisons, where the state houses more than 10,000 inmates.