Evaluation Report, Safety in State Correctional Facilities, Is Available at 651-296-4708 Or

Safety in State Correctional Facilities 2020 EVALUATION REPORT Program Evaluation Division Office of the Legislative Auditor State of Minnesota Program Evaluation Division Evaluation Staff The Program Evaluation Division was created within James Nobles, Legislative Auditor the Office of the Legislative Auditor (OLA) in 1975. Judy Randall, Deputy Legislative Auditor The division’s mission, as set forth in law, is to determine the degree to which state agencies and Caitlin Badger programs are accomplishing their goals and Sarah Delacueva objectives and utilizing resources efficiently. Scott Fusco Will Harrison Topics for evaluations are approved by the Jody Hauer Legislative Audit Commission (LAC), which has Donald Hirasuna equal representation from the House and Senate and David Kirchner the two major political parties. However, evaluations Tavis Leighton by the office are independently researched by the Lucas Lockhart Legislative Auditor’s professional staff, and reports Ryan Moltz are issued without prior review by the commission or Jodi Munson Rodríguez any other legislators. Findings, conclusions, and Laura Schwartz recommendations do not necessarily reflect the views Katherine Theisen of the LAC or any of its members. Caitlin Zanoni OLA also has a Financial Audit Division that To obtain reports in electronic ASCII text, Braille, annually audits the financial statements of the State large print, or audio, call 651-296-4708. People with of Minnesota and, on a rotating schedule, audits state hearing or speech disabilities may call through agencies and various other entities. Financial audits Minnesota Relay by dialing 7-1-1 or 1-800-627-3529. of local units of government are the responsibility of the State Auditor, an elected office established in the To offer comments about our work or suggest an Minnesota Constitution. audit, investigation, or evaluation, call 651-296-4708 or e-mail [email protected]. OLA also conducts special reviews in response to allegations and other concerns brought to the attention of the Legislative Auditor. The Legislative Printed on Recycled Paper Auditor conducts a preliminary assessment in response to each request for a special review and decides what additional action will be taken by OLA. For more information about OLA and to access its reports, go to: www.auditor.leg.state.mn.us. Photo provided by the Minnesota Department of Administration with recolorization done by OLA. (https://www.flickr.com/photos/139366343@N07/25811929076/in/album-72157663671520964/) Creative Commons License: https://creativecommons.org/licenses/by/2.0/legalcode OFFICE OF THE LEGISLATIVE AUDITOR O L A STATE OF MINNESOTA • James Nobles, Legislative Auditor February 2020 Members of the Legislative Audit Commission: The Department of Corrections is responsible for the safety of incarcerated prisoners and the staff who work at state correctional facilities. We found that several conditions at the state prisons reduce safety, including persistent staffing shortages, heavy overtime use, suspensions of prisoner activities, unprofessional workplace relationships, limited oversight, and outdated infrastructure. We make several recommendations in this report to the department and the Legislature in order to improve safety for prisoners and staff. Our evaluation was conducted by David Kirchner (project manager), Tavis Leighton, and Caitlin Zanoni, with assistance from Andrew Duncan. The Department of Corrections cooperated fully with our evaluation, and we thank them for their assistance. Sincerely, James Nobles Judy Randall Legislative Auditor Deputy Legislative Auditor Room 140 Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155-1603 • Phone: 651-296-4708 • Fax: 651-296-4712 E-mail: [email protected] • Website: www.auditor.leg.state.mn.us • Minnesota Relay: 1-800-627-3529 or 7-1-1 Summary Safety in State Correctional Facilities Key Facts and Findings: Outdated design features at the St. Cloud and Stillwater prisons create The Department of Corrections (DOC) dangers for staff and prisoners. operates 11 state correctional facilities (pp. 63-66) housing approximately 9,200 prisoners. DOC prisons employ about 3,700 staff. Unlike county jails, which are (pp. 1, 10) inspected and licensed by the state, there is little external oversight of DOC cannot state how safe its safety in DOC prisons. (pp. 77-82) correctional facilities are for staff and prisoners; its data on violent events are Key Recommendations: inconsistent and incomplete. (pp. 14-16) The Department DOC should transform its data Violence between prisoners appears to collection processes so it has better of Corrections have decreased slightly over the last data about violent events, staffing should take four years. However, violent incidents shortages, overtime usage, and prisoner additional steps between prisoners are underreported. discipline. It should then use that data to protect staff (pp. 16-21) to improve safety. (pp. 17-18) and prisoners. Reported assaults on prison staff spiked DOC should ensure that supervisors in 2018, then declined. (pp. 23-24) take sexual offenses against female staff seriously and discipline prisoners At some prisons, sexual offenses when appropriate. (p. 26) against female staff by prisoners occur frequently, but are often ignored or DOC should develop additional downplayed by supervisors and strategies to reduce bullying and coworkers. (p. 25) harassment among its staff. (pp. 45-46) One in three prison staff said that DOC should continue its efforts to hire bullying and harassment among staff is sufficient correctional officers to staff a problem at their prison. (pp. 43-45) state prisons. (p. 37) Chronic shortages of correctional DOC should present to the Legislature officers and the increasing use of long-term plans for rehabilitating or overtime at several prisons have replacing the residential units at affected the safety of prisoners and St. Cloud and Stillwater. (p. 66) staff. (pp. 31-40) The Legislature should require regular Staffing shortages have also led many external oversight of prison safety prisons to curtail activities for procedures, either through licensure or prisoners, increasing tensions and by putting into law and strengthening reducing safety. (pp. 52-55) DOC’s existing “security audits.” (pp. 82-83) OFFICE OF THE LEGISLATIVE AUDITOR FEBRUARY 2020 Room 140 Centennial Bldg. O L A 658 Cedar Street [email protected] Tel: 651-296-4708 • Fax: 651-296-4712 St. Paul, MN 55155-1603 www.auditor.leg.state.mn.us Minnesota Relay: 1-800-627-3529 or 7-1-1 S-2 Safety in State Correctional Facilities Report Summary prisoners. On the other hand, about one- third of prisoners responding to our survey The Department of Corrections (DOC) said that officers or other staff physically operates 11 state prisons confining prisoners harm prisoners “sometimes” or “very often.” convicted of serious crimes. The department is responsible for the safety of approximately Prison administrators have not done 9,200 prisoners and 3,700 prison staff. The enough to address sexual offenses by majority of staff working at prisons are prisoners against staff. security staff, such as corrections officers and lieutenants. In some state prisons, female staff endure repeated sexual offenses by some male State prisons have four custody levels: prisoners, who catcall, verbally threaten Levels 2, 3, 4, and 5. Generally, prisoners at them with sexual assault, or masturbate in the lower custody levels live with fewer front of them. Female staff said some restrictions, while prisoners at higher supervisors and coworkers expect them to custody levels have more. Level 4 prisons tolerate this behavior, and that prisoners are located at Rush City, St. Cloud, and frequently receive no disciplinary Stillwater. Oak Park Heights is the state's consequences. only Level 5 (maximum security) prison. Even if these offenses were routinely Violence between prisoners has punished, DOC disciplinary charges do not slightly declined in recent years, but distinguish sexual misconduct against staff Prison leaders prisoner assaults on staff spiked in from other infractions, so it would be very should do more 2018. difficult to count them. DOC should create a to address separate disciplinary charge for sexual Although data are limited, multiple sources misconduct against staff and should ensure harassment of indicate that prisoner violence against other supervisors support staff that encounter such staff by both prisoners slightly declined over the last four offenses. prisoners and years. In a survey we conducted of prisoners in Level 3, 4, and 5 settings, most Bullying and harassment between staff coworkers. said they felt somewhat safe in DOC is a pervasive issue in DOC prisons. prisons, despite believing that violence among prisoners occurs frequently. In a survey we conducted of DOC staff working in prisons, one in three respondents Violence between prisoners is far more described unprofessional work relationships common than violence against staff. as an ongoing problem in DOC prisons. However, prisoner assaults on staff Staff told us about different experiences increased dramatically during calendar year depending on the prison or their role. For 2018, driven by sharp increases at Level 4 example, some staff described a top-down and Level 5 prisons. Convictions in DOC’s culture of bullying by supervisors, while internal discipline system for assaults on others described sexual harassment. staff increased

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