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Prison Legal News: March, 2020

Issue PDF
Volume 31, Number 3

In this issue:

  1. Inside the US Marshals’ Secretive, Deadly Detention Empire (p 1)
  2. Lethal Prison Electric Fences May Violate International Law (p 16)
  3. From the Editor (p 18)
  4. Biden’s Current Prison Reform Stance Counter to His Abysmal Record (p 18)
  5. Oregon Lawmakers Prohibit Prison and Jail Telephone Kickbacks (p 20)
  6. It’s Time For the Feds To Fund College Education For Prisoners, Again (p 22)
  7. $1.15 Million Settlement in Pennsylvania Prisoner’s Asthma Death (p 24)
  8. Neither Fines Nor Lawsuits Deter Corizon From Delivering Substandard Health Care (p 24)
  9. $2.5 Million Settlement Over Prisoner’s Restraint Death in Houston, Texas Jail (p 26)
  10. Major Prison Health Care Companies Funnel Campaign Contributions to Sheriffs, Get Rewards (p 26)
  11. Louisiana Sheriff Re-Elected Despite Prisoner Death Toll (p 28)
  12. Pennsylvania GEO-Run Jail Boss Resigns After Media Reveals Complaints of Racism, Abuse at Private Prison (p 28)
  13. $200,000 Settlement in Lawsuit Over Louisiana Jail Guard Sexually Abusing Juvenile (p 29)
  14. Federal Court Orders Videophone Access for Deaf Prisoners in Colorado (p 30)
  15. Hawaii Prisoners Rebel Over Prison Conditions, Fined For Damages (p 30)
  16. Seventh Circuit Upholds Denial of Wisconsin Prisoner’s Request to Marry Psychologist (p 31)
  17. Death Highlights Need for Change in Texas GEO-Run Prison (p 32)
  18. States Move for True Second Chance Opportunities (p 32)
  19. Oklahoma Commutations Largest Mass Release in U.S. History (p 34)
  20. California: Qualified Attorney Work-Product Protection Applies to Discovery During Habeas Proceedings (p 34)
  21. Court Grants Bail to Ex-Peruvian President Challenging Extradition Due to Solitary Confinement (p 35)
  22. States Rush to End Prison Gerrymandering Before Districts Are Set For Another 10 years (p 36)
  23. Guard Who Failed to Prevent Escape Entitled to Qualified Immunity (p 36)
  24. Report Published on Louisiana’s Extensive Use Of Solitary Confinement (p 38)
  25. Seventh Circuit Upholds Prison Guard’s Rape Convictions, But County Not Liable (p 38)
  26. Long-running Maricopa County, Arizona Jail Lawsuit Ends (p 39)
  27. Suicide or Murder? Jeffrey Epstein’s Death Still Drawing Attention to Bureau Inadequacies (p 40)
  28. Court Confirms Pennsylvania Prisoner’s Sentence in Tobacco Contraband Case (p 41)
  29. Michigan Finding Success With More Humane Treatment of Mentally Ill Prisoners (p 42)
  30. $150,000 Settlement for Opioid Withdrawal Death in Indiana County Jail (p 42)
  31. Cook County Jail’s Three Book Possession Policy Constitutional (p 43)
  32. Federal Prisoner to Receive Opioid Addiction Medication While Incarcerated (p 44)
  33. “Free” E-Tablets Are Anything But (p 44)
  34. $12.6 Million Jury Award for Man Denied Medical Care Before Jailed (p 45)
  35. Riots At South Carolina Prison Spark Wave of Lawsuits (p 46)
  36. Alabama Jail Guards Face Liability for Inaction to Methadone Withdrawal Symptoms (p 46)
  37. Florida Prison Isolation Suit Survives Dismissal Stage (p 47)
  38. Fulton County Ordered to Clean Up Repulsive Jail Conditions for Mentally Ill Women (p 48)
  39. Senator Warren Has Plan To Ban Private Prison Contracts (p 48)
  40. Veteran Dies After Beating by Guards at North Carolina Jail (p 50)
  41. Report Decries Ongoing Inadequate Medical Care for Pregnant Arizona Prisoners (p 50)
  42. $300,000 Settlement in Lincoln County Missouri Jail Attempted Suicide Suit (p 52)
  43. $550,000 Settlement in Nationwide Class-Action Lawsuit Over High-Fee Debit Cards (p 52)
  44. $250,000 Settlement in Assault Upon Luzerne County Detainee (p 53)
  45. Most States Saw Criminal Justice Reforms in 2019, But Incarceration Rates Remain High (p 54)
  46. Santa Rita Sheriff’s Office Says Prisoners Not Being Maltreated; Prisoners’ Protest Says Otherwise (p 56)
  47. Sacramento County Jail Settles Solitary Confinement Class Action Suit (p 57)
  48. Court Holds Federal Tort Claim Against BOP Can Proceed in MCC Beating Death (p 58)
  49. 18-Month Prison Sentence for Former Alabama Sheriff in Food Bank Scam (p 58)
  50. Get Celebrity Endorsement and Get Pardoned (p 58)
  51. $850,000 Settlement in Florida DOC Prisoner’s Gassing Murder (p 60)
  52. $10 Million Post-Appeal Settlement in Oklahoma Jail Prisoner Death Suit (p 60)
  53. PLN Awarded Injunction in Arizona Prison Censorship Suit (p 61)
  54. Public Relations Firm Terminates Contract With GEO Group (p 62)
  55. News in Brief (p 62)

Inside the US Marshals’ Secretive, Deadly Detention Empire

They’re supposed to safeguard pretrial detainees. But America’s oldest law enforcement agency is suffering from a massive dereliction of duty.

by Seth Freed Wessler, Mother Jones

A large rectangle of red dirt on the flat expanse of West Texas’ Permian Basin reminds Sadrac Garcia every day of what his family ...

Lethal Prison Electric Fences May Violate International Law

by Matt Clarke

A solicitation of bids last Novem-­​­ber to refurbish a “non-lethal/lethal” electric fence surrounding a federal Bureau of Prisons (BOP) prison in Tucson, Arizona, resulted in three offers between $3.3 million and $3.8 million and some questions over whether the electric fences comport with international law.

The trend ...

From the Editor

by Paul Wright

Anyone who has been arrested by the federal government can attest to the experience of being held in custody by the U.S. Marshals Service. While the federal Bureau of Prisons operates a few pretrial detention centers (aka jails) in large cities, the vast majority of federal defendants ...

Biden’s Current Prison Reform Stance Counter to His Abysmal Record

by David M. Reutter

After decades of leading the charge during the tough-on-crime era, Democratic presidential candidate and former U.S. Vice President Joseph R. Biden, Jr. is trying to fashion himself as a champion of prison reform. Since July 2019 his campaign website has included proposals to abolish the death ...

Oregon Lawmakers Prohibit Prison and Jail Telephone Kickbacks

by Mark Wilson

This isn’t just an issue of economics,” said Oregon Senator Sara Gelser, the chief sponsor of a bill prohibiting jail and prison telephone contract kickbacks that passed nearly unanimously. “This is really about the humanity of the people that are in our prisons and the ability of ...

It’s Time For the Feds To Fund College Education For Prisoners, Again

by Anthony W. Accurso

Twenty-five years after the federal government restricted prisoners from obtaining Pell Grants to pay for higher education while incarcerated, bipartisan support for new legislation reinstating access is gaining ground in the national conversation surrounding mass incarceration.

“Education is to the future for just about anyone and ...

$1.15 Million Settlement in Pennsylvania Prisoner’s Asthma Death

by David M. Reutter

Pennsylvania’s Erie County agreed to pay $1.15 million to settle a civil rights action alleging the county jail had a policy that “required a non-medical person to make a medical decision about what to do with someone suffering from a medical emergency.”

The lawsuit was filed ...

Neither Fines Nor Lawsuits Deter Corizon From Delivering Substandard Health Care

by Matt Clarke

In 2018, Corizon Health was the largest for-profit provider of prisoner health care in the country. It contracted with 534 correctional facilities in 27 states holding about 15 percent of the nation’s prisoners. According to the American Civil Liberties Union, Corizon was sued for malpractice 660 times ...

$2.5 Million Settlement Over Prisoner’s Restraint Death in Houston, Texas Jail

by Matt Clarke

The family of a man who died at a jail in Harris County, Texas while being subjected to a dangerous form of restraint settled for $2.5 million in a lawsuit they brought against the county and seven jail officials.

Kenneth Christopher Lucas, 38, was arrested on a ...

Major Prison Health Care Companies Funnel Campaign Contributions to Sheriffs, Get Rewards

by David M. Reutter

Campaign contributions from private medical provider Wellpath to Virginia’s Loudoun County Sheriff Mike Chapman may be legal under Virginia law but are raising ethical questions. Wellpath is already under federal investigation for a contract renewal in Norfolk County.

Wellpath was known as Correct Care Solutions until ...

Louisiana Sheriff Re-Elected Despite Prisoner Death Toll

by Jayson Hawkins 

Jail conditions are seldom equated to accommodations at a five-star hotel. Even so, there are lockups where the environment threatens a clear and ever-present danger to prisoners and staff alike. Such is the case at East Baton Rouge Parish Prison (EBRPP) a community jail that a ...

Pennsylvania GEO-Run Jail Boss Resigns After Media Reveals Complaints of Racism, Abuse at Private Prison

by David M. Reutter

The superintendent of Pennsyl­vania’s George W. Hill Correc­tional Facility, which is run by GEO Group, resigned in November after a media investigation uncovered a buried whistleblower complaint alleging racist and abusive behavior.

John A. Reilly, Jr., was recruited in 2001 as deputy superintendent George ...

$200,000 Settlement in Lawsuit Over Louisiana Jail Guard Sexually Abusing Juvenile

by David M. Reutter

A $200,000 settlement was reached to resolve a civil rights action alleging a guard at Louisiana’s St. Bernard Parish Jail subjected a 15-year-old detainee to repeated sexual abuse.

The complaint stated that every day that guard Eddie Williams, 69, worked between June 2015 and January 2016, ...

Federal Court Orders Videophone Access for Deaf Prisoners in Colorado

by Matt Clarke

On September 18, 2019, a federal district court ordered the Colorado Department of Corrections (DOC) to provide access to videophones for all of its deaf and hard of hearing prisoners and prisoners who wish to communicate with people who are deaf or hard of hearing. The court ...

Hawaii Prisoners Rebel Over Prison Conditions, Fined For Damages

by Kevin Bliss

Prisoners of the Maui Community Correctional Center (MCCC) rioted March 11, 2019, over unstable, inhumane and unconstitutional living conditions. Complaints about broken telephones, uncollected mail, overcrowding, shortened visits and other problems resulted in prisoners from two modules destroying showers and toilets, setting living areas on fire, and ...

Seventh Circuit Upholds Denial of Wisconsin Prisoner’s Request to Marry Psychologist

by Ed Lyon

John Nigl began his 100-year prison stretch in 2001 at Waupun Correctional Institution in Wisconsin. From April of 2013 until January of 2015, Nigl received psychological counseling from Dr. Sandra Johnston. Their sessions ceased when Johnston left her employment. The two shared a kiss when Johnston left. ...

Death Highlights Need for Change in Texas GEO-Run Prison

by Kevin Bliss

Eagle Pass Correctional Facility (EPCF) have been investigated by the Maverick County, Texas Sheriff’s Office, the Idaho Department of Corrections (IDOC), Corizon Correctional Healthcare, and the GEO Group after 56-year-old Kim Sargent Taylor died in January 2019, of “natural causes.” Taylor had been to medical a week ...

States Move for True Second Chance Opportunities

by Kevin Bliss

Communities and politicians are acting in concerted effort during a brisk economy to reduce the obstacles preventing recently incarcerated citizens from once again becoming productive members of society. States are holding business summits geared at facilitating the hiring of ex-offenders, passing bills to increase employment opportunities and ...

Oklahoma Commutations Largest Mass Release in U.S. History

by Kevin Bliss

On November 1, 2019, Oklahoma Governor Kevin Stitt approved commutation for 527 prisoners. The Oklahoma commutation is the largest mass commutation in the history of the nation. The citizens of Oklahoma voted yes on State Question 780 in 2016, which decriminalized low-level, nonviolent property crimes and certain ...

California: Qualified Attorney Work-Product Protection Applies to Discovery During Habeas Proceedings

by Douglas Ankney

In October 2, 2019, the California Court of Appeal for the Second Appellate District ruled that the qualified attorney work-product protection doctrine applies in habeas corpus proceedings. In 1997, a jury convicted Samuel Zamudio Jimenez of two counts of murder and sentenced him to death.

Jiminez filed ...

Court Grants Bail to Ex-Peruvian President Challenging Extradition Due to Solitary Confinement

by Dale Chappell

On October 10, 2019, U.S. District Court Judge Vince Chhabria in San Francisco granted bail to former Peruvian President Alejandro Toledo, requiring him to be released on a $1 million bond under home confinement and electronic monitoring.

The 73-year-old Toledo had been held in solitary confinement at ...

States Rush to End Prison Gerrymandering Before Districts Are Set For Another 10 years

by Aleks Kajstura, Legal Director, Prison Policy Initiative

In January, New Jersey became the 7th state to end prison gerrymandering – the practice of using incarcerated people to inflate the population of rural districts. That marks a milestone for criminal justice policy and democracy: over 25% of US residents ...

Guard Who Failed to Prevent Escape Entitled to Qualified Immunity

by David M. Reutter

The Seventh Circuit Court of Appeals held on September 18, 2019 that a guard cannot be held liable under the Constitution for failing to prevent an escape.

In an attempt to apparently commit suicide, Tyson Salters, a pretrial detainee at the Kane County jail in Illinois, ...

Report Published on Louisiana’s Extensive Use Of Solitary Confinement

by Scott Grammer

joint report published in June 2019by Solitary Watch, the American Civil Liberties Union of Louisiana, and the Jesuit Social Research Institute/Loyola University New Orleans discusses the use of solitary confinement by the Louisiana prison system. The report, called “Louisiana on Lockdown,” includes statistics and testimony from more ...

Seventh Circuit Upholds Prison Guard’s Rape Convictions, But County Not Liable

by Scott Grammer

Darryl L. Christensen was a Polk County, Wisconsin jail guard who over the course of three years, between 2011 and 2014, repeatedly sexually assaulted two female prisoners. When this was discovered by jail administrators, Christensen resigned. He pleaded guilty to several counts of sexual assault and will ...

Long-running Maricopa County, Arizona Jail Lawsuit Ends

by Ed Lyon

With all of the negative publicity concerning the Maricopa County, Arizona, jails associated with former Sheriff Joe Arpaio, it’s easy to overlook the fact that the unconstitutional conditions there began under Sheriff-elect Jerry Hill. It was during Hill’s tenure in 1977 that the lawsuit Graves v. Hill ...

Suicide or Murder? Jeffrey Epstein’s Death Still Drawing Attention to Bureau Inadequacies

by Anthony W. Accurso

Months after the August 2019 death of Jeffrey Epstein, rumors and theories are still circulating that cast doubt on the cause of death.

The 66-year-old billionaire became the center of the nation’s attention after he was arrested July 6, 2019, on new charges of sex trafficking ...

Court Confirms Pennsylvania Prisoner’s Sentence in Tobacco Contraband Case

by David M. Reutter

Tobacco is a valuable commodity in jails and prisons because it is considered contraband. Maurice Dewayne Wakefield, II, went to great lengths with a group of prisoners to get another prisoner’s stash of tobacco. The price was a 9 to 18 year sentence.

When prisoner C.S. ...

Michigan Finding Success With More Humane Treatment of Mentally Ill Prisoners

by David M. Reutter

Michigan’s new approach to dealing with mentally ill prisoners is not only more humane, it is proving to be more effective at reducing recidivism.

When Heidi Washington took over as director of the Michigan Department of Corrections (MDOC) in 2015, she vowed to change the way ...

$150,000 Settlement for Opioid Withdrawal Death in Indiana County Jail

by Anthony W. Accurso

The Floyd County, Indiana, jail reached a settlement in July in the death of a prisoner related to opioid withdrawal.

Hanna Robb, 23, was booked into the Floyd County Jail on March 25, 2016, for failure to appear for a misdemeanor theft charge. At her court ...

Cook County Jail’s Three Book Possession Policy Constitutional

by David M. Reutter

An Illinois federal district court granted summary judgment to Cook County in a civil rights action alleging a jail policy that limits its pretrial detainees to possession of three books violates the First Amendment.

The case has a “somewhat convoluted procedural history,” having been to the ...

Federal Prisoner to Receive Opioid Addiction Medication While Incarcerated

by Kevin Bliss

The federal Bureau of Prisons (BOP) came to an agreement September 11, 2019, with Leaman Crews to provide him buprenorphine for opioid use disorder (OUD) during his 36-month prison sentence.

Represented by Lauren Bonds of the Kansas Foundation of the American Civil Liberties Union (ACLU) and Anthony ...

“Free” E-Tablets Are Anything But

by Ed Lyon

A lengthy article concerning e-tablets in state prisons was published in the April 2018 issue of PLN (p.44). One of the warnings set out in that article concerned the high fees accompanying apps for those devices. JPay stands out as a major provider of e-tablets, a variant ...

$12.6 Million Jury Award for Man Denied Medical Care Before Jailed

by David M. Reutter

A California federal jury awarded $12,617,674 to a man who suffered brain damage after San Diego County sheriff’s deputies pulled him away from an examining paramedic and hauled him off to jail.

David Collins called 911 on November 18, 2016, while hallucinating in his home. Deputies ...

Riots At South Carolina Prison Spark Wave of Lawsuits

by David M. Reutter

The April 15, 2018, riot at South Carolina’s Lee Correctional Institution (LCI) illustrates the consequences of prison understaffing. That riot was the worst in America’s prisons in 25 years. The toll was seven dead and 22 injured. The aftermath is at least 18 lawsuits.

LCI, like ...

Alabama Jail Guards Face Liability for Inaction to Methadone Withdrawal Symptoms

by David M. Reutter

In an unpublished opinion, the Eleventh Circuit Court of Appeals affirmed the denial of qualified immunity to guards in a civil rights action alleging they were deliberately indifferent to a pretrial detainees health issues stemming from methadone withdrawal.

The lawsuit was filed by Whitney Foster, who ...

Florida Prison Isolation Suit Survives Dismissal Stage

by David M. Reutter

A Florida federal district court denied a motion to dismiss a lawsuit alleging that the Florida Department of Corrections’ (FDOC) policies and practices related to isolation are unconstitutional.

As PLN reported, the Southern Poverty Law Center filed this suit on behalf of five prisoners, and it ...

Fulton County Ordered to Clean Up Repulsive Jail Conditions for Mentally Ill Women

by David M. Reutter

A Georgia federal district court ordered the Fulton County Sheriff to give more out of cell time and to provide sanitary confinement conditions for women at the South Fulton Municipal Regional Jail.

The court’s order came in a lawsuit brought by the Georgia Advocacy Office, a ...

Senator Warren Has Plan To Ban Private Prison Contracts

by Scott Grammer

Massachusetts Democratic Senator and current presidential candidate Elizabeth Warren introduced a plan last June that would essentially ban all government entities, at any level, from contracting with private prison companies.

Senator Bernie Sanders of Vermont, another presidential candidate, also favors banning private prisons. If elected president, Sanders ...

Veteran Dies After Beating by Guards at North Carolina Jail

by David M. Reutter

Guards at North Carolina’s Wayne County Detention Center (WCDC) abused and beat to death a mentally ill veteran who was arrested for breaking the window out his neighbor’s truck in May 2017, a civil rights complaint alleged.

Graydon “Jerry” Parker, III, 54, served two years in ...

Report Decries Ongoing Inadequate Medical Care for Pregnant Arizona Prisoners

by Matt Clarke

ACLU and Prison Law Office attorneys representing Arizona state prisoners toured the Perryville prison for three days in April 2019, interviewing 25 women who had recently given birth or suffered miscarriages in prison. The report they gave the court describes “shocking and horrifying” stories of a “deficient” ...

$300,000 Settlement in Lincoln County Missouri Jail Attempted Suicide Suit

by Chad Marks

Mark A. Jaconski was arrested on June 17, 2015, for outstanding traffic warrants and taken to Mercy Hospital for a “fit for confinement” determination. Hospital officials made that determination and Jaconski was transported to the Lincoln County Jail in Missouri.

No mental health screening was done of ...

$550,000 Settlement in Nationwide Class-Action Lawsuit Over High-Fee Debit Cards

by Matt Clarke

In September 20, 2019, an Ohio federal court granted preliminary approval of a settlement in a class action lawsuit against Stored Value Cards, Inc., doing business as Numi Financial, and Republic Bank & Trust over jails using their high-fee debit cards to return prisoners’ funds upon release ...

$250,000 Settlement in Assault Upon Luzerne County Detainee

by David M. Reutter

A former Pennsylvania pretrial detainee who sustained serious injuries from a guard’s use of excessive force received a $250,000 settlement.

As guard Christopher Refner was making rounds at the Luzerne County Correctional Facility on June 28, 2016, he smelled marijuana and began to investigate. He determined ...

Most States Saw Criminal Justice Reforms in 2019, But Incarceration Rates Remain High

by Victoria Law, reprinted from Truthout

On December 20, 2019, criminal justice advocates celebrated the news that President Trump signed the Fair Chance Act into law. Tucked into a massive defense spending bill, the law is a federal version of “ban the box,” prohibiting the government and its contractors from ...

Santa Rita Sheriff’s Office Says Prisoners Not Being Maltreated; Prisoners’ Protest Says Otherwise

by Kevin Bliss

Detainees and prisoners at the Santa Rita Jail (SRJ) in Dublin, California, participated in a peaceful protest over the unsanitary and unconstitutional conditions in the jail. Beginning October 30, 2019, between 300 and 400 prisoners engaged in a six-day hunger strike and work stoppage. They supplied a ...

Sacramento County Jail Settles Solitary Confinement Class Action Suit

by Scott Grammer

Sacramento County has two jails, which together house about 3,800 people at any one time. A July 2018 complaint filed in federal court by Lorenzo Mays, Ricky Richardson, Jennifer Bothun, Armani Lee, Leertese Beirge, Cody Garland, and the Prison Law Office and Disability Rights California, claims that ...

Court Holds Federal Tort Claim Against BOP Can Proceed in MCC Beating Death

by Kevin Bliss

The United States Southern DistrictCourt of New York ruled that Nicole Morrison could proceed with her claim against the U.S. for its negligence in the death of Roberto Grant while in custody at the Metropolitan Correctional Center (MCC), the same prison where Jeffrey Epstein died. “Roberto Grant ...

18-Month Prison Sentence for Former Alabama Sheriff in Food Bank Scam

by David M. Reutter

The former sheriff of Alabama’s Pickens County was sentenced to 18 months in federal prison for a scam to defraud a food bank and his church, and pocketing leftover funds to feed detainees.

David Abston was sheriff for 32 years. As allowed by Alabama law, he ...

Get Celebrity Endorsement and Get Pardoned

by Douglas Ankney

President Trump purchased an ad during the February 2 Super Bowl directed at African American voters that depicted black grandmother Alice Johnson in tears, saying, “I’m free to hug my family. I’m free to start over. This is the greatest day of my life ... I want ...

$850,000 Settlement in Florida DOC Prisoner’s Gassing Murder

by David M. Reutter

The Florida Department of Corrections (FDOC) agreed to pay $850,000 to settle a lawsuit alleging guards murdered a prisoner at Franklin Correctional Institution (FCI).

The suit stemmed from the September 19, 2010, death of Randall Jordan-Aparo. His death was initially covered up by guards, but Aubrey ...

$10 Million Post-Appeal Settlement in Oklahoma Jail Prisoner Death Suit

by Matt Clarke

After having most of its defenses rebuked by the Tenth Circuit Court of Appeals, Tulsa County, Oklahoma, opted to settle for $10 million a lawsuit brought by the estate of a jail prisoner who died after police and jail personnel ignored obvious signs of suicidal intent and ...

PLN Awarded Injunction in Arizona Prison Censorship Suit

by David M. Reutter

In November, 2019, PLN was awarded injunctive relief in a lawsuit challenging the Arizona Department of Corrections’ (ADC) “policy prohibiting sexually explicit material” as a violation of the First Amendment.

As we previously reported, ADC censored the October 2104, April 2017, May 2017 and June 2017 ...

Public Relations Firm Terminates Contract With GEO Group

by Scott Grammer

GEO Group, a private prison company, had hired Edelman, the world’s largest public relations firm, to improve its public image. But Edelman found itself with a PR problem of its own because of its ties to GEO. The company has contracts from the Trump administration to run ...

News in Brief

Alaska: Alaska Department of Corrections Commissioner Nancy Dahlstrom told legislators in October 2019 that Alaska would move forward with plans to ship prisoners to prisons in the Lower 48, after reinstating tougher criminal sentences caused a sharp spike in Alaska’s prison population. The Legislature had approved more than $16 million ...