LINCOLN — The largest and oldest prison in Kansas, the Lansing Correctional Facility, opened when Abraham Lincoln was president.
So when Kansas officials decided to replace the 2,400-bed Lansing facility because of overcrowding, rising operating costs and its age, they opted for a novel solution: hire a private company to build a replacement, and have the state staff it with their workers and lease it for 20 years, when it would then own it.
Such a lease-to-purchase plan is now under consideration in Nebraska, which is second in prison overcrowding in the U.S., behind only Alabama. That state is under federal court order to address its overcrowding problem.
Scott Frakes, director of the Nebraska Department of Correctional Services, last week threw out the possibility of a new, medium- to maximum-security, 1,600-bed prison — which would be 500 beds bigger than Nebraska’s current largest prison — and talked about locating it somewhere between Omaha and Lincoln. Prison officials, though, emphasize that is not set in stone.
How much would such a prison cost? If you use Kansas’ costs as an example, Nebraska would pay about $241 million for a 1,600-bed facility.
In Kansas, though, the decision to have CoreCivic, the nation’s largest private prison company, build the new facility is still stirring a debate.
A leading state representative in Kansas — a former judge and former head of the state’s juvenile justice system — said the deal made a lot of sense to him.
Kansas State Rep. Russ Jennings said that while he’d never support housing inmates permanently at a privately run prison — like those operated by CoreCivic that have stirred controversy — having the firm build the new Lansing prison allows more flexibility in choosing contractors and in construction.
“If they can find more economical ways to get something done, they can do that,” Jennings said. “That’s something that government is not quite as adept at.”
But Kansas Gov. Laura Kelly — as well as a Kansas state audit — disagrees that the project is saving money.
Shortly after Kelly took office a year ago, she said the state had been “hoodwinked” into hiring CoreCivic through overly optimistic projections of cost savings, which included that a modern prison could operate with 46% less personnel and that the project would be “revenue neutral.”
“I doubted at the time that they could really safely reduce staff at the numbers that they were talking about,” said Kelly, a former Kansas state senator. That the project won’t cover the cost of the lease payments, as projected, was not a surprise, she said.
Then there’s a Kansas state audit from July 2017 that concluded that Kansas could save nearly $30 million over 20 years by financing the new prison by issuing bonds and contracting out the maintenance, instead of hiring a private company to build and maintain it. The administration of then-Kansas Gov. Sam Brownback, however, signed the deal with CoreCivic.
CoreCivic, which has also built prisons for the states of California and Oklahoma and just signed an agreement in Kentucky, is expected to be one of the leading bidders for the proposed project in Nebraska.
The prospect of a new prison is already raising questions among state lawmakers.
Steve Lathrop
John Stinner
Two key Nebraska state senators, Steve Lathrop of Omaha, who heads the legislative committee that oversees corrections, and John Stinner of Gering, who heads the Legislature’s Appropriations Committee, said that while some prison construction is needed, so are sentencing reforms that could reduce the need for new prison beds.
Stinner noted that since he took office in 2014, the construction of more than 700 new prison beds has been authorized, yet Nebraska’s prison overcrowding is worse than ever. He’s said that the state has many other priorities.
Lathrop, who proposed this year that a 300-bed work-release facility be built in Omaha, said it would be impossible for the state to keep building enough prisons to keep up with the projected growth of inmates, which is about 200 a year.
He said he’s worried that a “request for information” will just delay new construction and allow the state to “kick the can down the road” and avoid needed expansion.
“There’s no commitment (right now),” Lathrop said.
When asked for comment about the debate in Kansas, a spokesman for Nebraska Gov. Pete Ricketts said that state hasn’t yet launched its request for information to determine the wisdom of the lease-to-purchase idea.
“As the RFI process moves forward, the state will continue to examine and learn from other states who are pursuing similar approaches,” said the spokesman, Taylor Gage.
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Unlike Kansas, Nebraska doesn’t have the ability to issue bonds to build a new prison. But the state, mostly the university system, has used another lease-purchase approach to spread out the costs of expensive new structures, like the Sapp Arena and a new cancer center at the University of Nebraska Medical Center in Omaha. It involves setting up private corporations to build, own and lease the structures.
For the new prison, corrections will produce an RFI that will project how big and expensive a new prison should be, and what kind of prisoners should be sent there.
The prison would be located, prison officials say, where adequate population exists to staff it, which suggests Omaha, Lincoln and Sarpy County as prime locations. Right now, the department has to bus corrections officers from Omaha to help staff prisons in rural Tecumseh and Lincoln, which have struggled with high turnover rates and the inability to fill vacant posts.
The announcement of a proposed new prison was an about-face for the state. Just six years ago, state leaders were doing everything possible to avoid such a project.
But a series of prison reforms and a series of small prison expansions have failed to sufficiently reduce overcrowding. One issue has been an unanticipated rise in felony crimes, which translates into new prison inmates. While prison populations nationwide dropped nearly 7% over the past decade, Nebraska’s inmate count rose by 21%.
The overcrowding prompted the ACLU of Nebraska to sue Nebraska, alleging inhumane conditions behind bars, and led Frakes to acknowledge last fall that state prisons — already holding about 2,000 more inmates than they were designed to hold — could hold only about 150 more.
With new projections in January estimating that overcrowding would rise to 3,300 inmates over capacity by 2030, the state announced that it was time to get serious.
The advantage of a lease-purchase plan, according to Kansas and Nebraska officials, is that payments could be spread out for several years, rather than taking a huge bite out of the state budget.
Corrections Director Scott Frakes in the new 16-bed unit for low-security female inmates at the Community Corrections Center-Lincoln.
In Kansas, lease payments were to begin at $14.9 million per year, with the payments rising about 2% each year after that. At the end of the 20-year lease, the state could own its new prison at no additional cost. Stinner said that the costs of staffing the prison with state employees also must be added in, which is usually about 10% of a project’s cost, or $24 million a year.
But state prison officials emphasize that a prison can be built much more quickly through a lease-to-purchase approach.
Corrections spokeswoman Laura Strimple said a prison could be built and opened within three years because some state procurement rules can be avoided. If traditional state funding was used, it could take 4½ years, she said.
A spokeswoman for CoreCivic declined to comment on whether its Kansas project delivered the promised cost savings, referring questions to Kansas officials.
But Jennings, the Kansas representative, insisted it was the right move for his state, in replacing an aging prison that was becoming a “money pit.”
He did, however, offer a cautionary note for Nebraska: “If you’re building a prison to expand capacity (as Nebraska is), my analysis might be quite different.”
Notable crime news of 2020
Read about some of the biggest and strangest crime stories in Nebraska and western Iowa.
Two former Husker players now charged with first-degree sexual assault texted each other about telling the truth about their sexual encounter with a woman, according to a court document. Read more
Authorities were able to arrest a man in connection with the December 2000 slaying of his neighbor thanks to advancements in DNA testing. Read more
A former Nebraska defensive back was sentenced in Lancaster County Court to five years' probation after pleading no contest to resisting arrest during a traffic stop. Read more
Dustin Moheng was fatally shot after a night involving arguments, drug use, a firearm transaction and a search on Snapchat for Moheng’s whereabouts. Read more
A surveillance camera recorded a young man painting a swastika on the front door of the South Street Temple at 2061 S. 20th St. A swastika also was painted on the synagogue’s steps. Lincoln police are investigating the incident as a hate crime. Read more
A 17-year-old girl was kidnapped in early 2019, taken to a hotel and forced to pose for nude photos that would be used as sex advertisements. Read more
The officers were identified earlier as Joshua Ames, Jacob Sunderman and Matthew Ajuoga. Ames was shot in the leg during a New Years Eve incident and was later taken to a hospital, where he was treated and released. Read more
Since the beginning of 2014, at least 56 certified Nebraska educators were caught having inappropriate communication or sexual contact with students. Their misconduct ranged from sexual intercourse with a student to dinner and a movie with a student. Read more
A Marine from Nebraska who tried to enter Offutt Air Force Base last May with firearms and ammunition in his truck was sentenced to three years in a military prison. Read more
Richard L. McIntyre, 57, was run over last Feb. 3 by a Ford F-250 pickup truck. He had been walking to get a pack of cigarettes near 84th and Q Streets. The pickup driver, 44-year-old Michael W. Sullivan, drove off and didn’t turn himself in until nine days later. Read more
Seven years after spending some time in jail with Joshua Keadle, Cory Pfeifer saw a news report about Keadle being charged with murder in the disappearance and death of Peru State College student Tyler Thomas. The report prompted Pfeifer, now a truck driver from Plattsmouth, to go to the Nemaha County Attorney’s Office and relate something Keadle told him in that county’s jail about the missing student. Read more
An Omaha man was accused of firing multiple shots at a Millard Hy-Vee. An off-duty deputy police chief and a shopper tackled him to the ground. No one was wounded by the gunfire. Read more
A 14-year-old girl with no permit or licence got behind the wheel of a pickup truck and fatally struck a motorcyclist, Omaha police said. Read more
A 14-year-old Omaha boy was charged with manslaughter in Juvenile Court after authorities said he accidentally shot and killed his friend while cleaning a gun. Read more
A 12-year-old and 14-year-old stole and wrecked multiple cars over the course of a month and were repeatedly released from custody, leaving car dealers and prosecutors furious. Read more
The Nebraska Board of Pardons unanimously denied a pardon for Caril Ann Fugate, now Caril Ann Clair, the girlfriend of mass murderer Charlie Starkweather. Read more
A Nebraska pharmacist pleaded guilty to conspiring with a Maryland drug dealer to firebomb a competing pharmacy in Auburn. Read more
A shoplifter made it easy for police to find him when he filled out a job application at the store he stole from. Read more
A former local TV meteorologist was charged with making terroristic threats against the Douglas County health director. He was allegedly angry about the measures taken to limit the spread of the coronavirus. Read more
Dodge County Attorney Oliver Glass pleaded guilty to driving under the influence, but his legal problems may not be over. Read more
Joshua Keadle was sentenced to 71 years to life in prison for the slaying of Peru State student Tyler Thomas, who disappeared 10 years ago. Read more
Douglas County Attorney Don Kleine announced that he would not charge the bar owner who fatally shot protester James Scurlock, but a special prosecutor has since taken up the case and will present the evidence to a grand jury. Read more
A Carter Lake man was sentenced to prison for an attempted assault in which he used some unconventional weapons for modern times: a hatchet and a bow and arrow. Read more
An Omaha man admitted to killing a convicted sex offender, saying he feared that the man would harm more children. Read more
An Omaha woman was charged with second-degree murder after killing her husband on Interstate 80. She says she acted in self-defense. Read more
paul.hammel@owh.com, 402-473-9584
