Corrections Corporation of America

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The U.S. Department of Justice (“DOJ”) is expected to promulgate comprehensive, industry-wide reporting standards on inmate sexual abuse that will provide important context on this issue. It would be counterproductive for CCA to establish reporting standards that may conflict with the work of the DOJ and lack the perspective that such a national reporting standard would provide. Efforts directed at eliminating prisoner sexual abuse are best served if implemented in coordination with industry-wide standards, best practices and regulations, and the responsible approach for CCA is to be in line with the forthcoming federal standards to which all prison and jail systems in the U.S. – public and private – will adhere. Information from CCA is expected to be reported alongside or in a similar fashion and timing as other correctional systems, providing a solid basis for evaluation and comparison that will facilitate improvements in prevention across not only our facilities, but the entire U.S. correctional system. Once established, CCA will comply fully with the federal standards – as we do with all reporting standards – which we expect will provide a robust resource to anyone interested in this important issue.

A significant amount of information on sexual abuse is already available through the Bureau of Justice Statistics (“BJS”) and other sources. Information related to the Prison Rape Elimination Act (“PREA”) is readily available through the BJS, which provides meaningful data that our stockholders and other interested parties can freely access to view data from facilities and systems across the United States. Specifically, the BJS National Prison Rape Statistics Program (“NPRSP”) is designed to collect multiple measures on the incidence and prevalence of sexual assault using a set of five different collection measures to provide a deeper understanding of sexual victimization in correctional facilities. In addition to full cooperation with the BJS, CCA complies fully with the reporting standards of our federal, state and local government partners, resulting in multiple existing levels of oversight.

CCA supports the adoption of enforceable national standards to prevent prisoner sexual abuse. CCA is actively preparing to implement standards set by PREA, which will govern every federal, state and local correctional facility, and we have met or exceeded every requirement to date. CCA has a robust sexual abuse prevention program in place, which includes regular oversight by our government partners and our Board of Directors. We have comprehensive policies and procedures, a toll free hotline number that is available to inmates to report sexual harassment or abuse, regular training for inmates and employees, review of any allegations by the company’s PREA committee, and auditing compliance with CCA’s quality assurance team. Our employees receive dedicated training on sexual abuse and assault prevention when they join the organization and receive annual training every year thereafter. Members of CCA response teams (security, medical, mental health, chaplain/victim services, investigators) receive ongoing and specialized training due to their important role in addressing and preventing sexual abuse. Sexual abuse and assault prevention signage is present throughout our facilities and all staff members receive prevention cards with instructions for reporting misconduct.

The resources required to implement the stockholder proposal are better spent enhancing our prevention program and preparing for the final DOJ standards. In light of the pending DOJ requirements, the information reported as a result of the stockholder proposal would, with the lack of comparable industry data, provide relatively little additional value. However, contrary to the ISS report’s statement that this reporting “does not appear to be overly burdensome,” it would require substantial time, effort and resources from our dedicated team, which would be better spent on activities that directly enhance CCA’s sexual abuse prevention efforts. As noted by the BJS in developing the NPRSP, “Due to the sensitive nature of violent victimization and potential reluctance to report sexual assault, there is no single measure upon which to rely to estimate the prevalence of such acts.” Both the proponent and ISS underestimate the time, resources and data necessary to produce meaningful information in this area. For example, under CCA policy, allegations of criminal sexual misconduct by staff or inmates are referred to outside law enforcement entities for investigation. Like all criminal investigations, these do not proceed on uniform timetables. Some are resolved quickly, but many stretch into weeks and months, which does not conform to a bi-annual reporting schedule.

Sensitive data reporting in a context of evolving standards requires judgment and discretion by our Board and management team. We believe, like Glass Lewis, that the proposal’s request for bi-annual reports is overly prescriptive. The Board and management of our company should have the discretion to determine the timing and scope of data reporting within the context of the evolving requirements of government agencies, such as the DOJ, and our partners.