USP Atwater: Officers say closing towers risks safety
ATWATER -- A controversial decision by U.S. Penitentiary Atwater's warden to shut down six of seven security towers has raised safety concerns among some correctional officers at the high-security prison.
Prison officials say their decisions haven't compromised officer safety. But representatives from the American Federation of Government Employees, which represents the correctional officers' union, charge that Warden Hector Rios Jr. misused his authority in what the union calls a cost-saving decision that could cost lives.
The union was notified Dec. 8 the towers would be taken offline. They were deactivated Jan. 15. Citing security reasons, prison officials declined comment about which towers remain operational.
Regardless, the issue has apparently created a rift between Rios and some correctional officers under his command. And with the killing of correctional officer Jose Rivera two years ago still on the minds of many, the union's leaders say their concerns thus far have fallen upon deaf ears.
Union opposes warden
Though taking the towers off- line might save money, AFGE Local 1242 Atwater Prison Union President and CEO Donald Martin contends the price of someone being killed because of the allegedly compromised security would be higher than any cost savings.
Martin is a correctional officer at the prison.
Speaking as a union official on behalf of correctional officers, he said the six decommissioned towers mean an increased chance of an escape. Without the towers, certain areas of the yard are only line-of-sight, which means more blind spots. "Obviously, when you have a human watching the perimeter, you have an increased sense of anything that's out of the ordinary," he said.
Each tower contains lethal firearms and less-than-lethal weapons (such as beanbags and rubber rounds), which can provide essential cover during disturbances, according to the union. That protection can be vital for the officers on the grounds of the compound.
Unmanned guard towers also mean a greater chance of contraband being thrown or shot over the prison walls, said one correctional officer, who asked to remain anonymous for fear of losing his job.
Cell phones and store-bought alcohol are consistently found in the area outside the walls, the officer added.
A truck regularly patrols outside the prison, now that the towers have been put offline, according to the union.
But vulnerabilities remain, and Martin says the warden has refused to add more officers to housing units.
Federal prison officials in Washington, D.C., on the other hand, said it's up to individual institutions to determine what hours they want to man towers and if they want to man towers at all. "It's just like setting the hours or setting the security of any other aspect of the institution," said Traci Billingsley, Bureau of Prisons spokeswoman in Washington.
Though towers may be taken offline, Billingsley said that doesn't necessarily mean there's less security. "With electronic means changing all the time, a lot of institutions find that there are better ways to achieve that same type of security," she said. "There's a whole host of different security features that have come about over the years."
Security needs change over time throughout the corrections industry, Billingsley added. "The institution isn't going to jeopardize security," she said. "They're going to ensure that the security is a top priority, and that it's not in any way hindered."
Correctional officers at USP Atwater disagreed with Billingsley, saying regardless of how officials perceive the facility's safety, in a high-security prison, it's the Bureau of Prisons' policy to man all towers. By leaving the towers unmanned, they feel the Bureau of Prisons is violating its own policy.
Electric fence expected to improve security
The Sun-Star contacted management at USP Atwater, seeking comment about the union's concerns.
Deb Lorance, acting executive assistant and public information officer for the prison, responded with an e-mail, stating that on Dec. 7, the prison activated an electrified fence aimed at enhancing overall security and the safety of staff, inmates and the community.
The fence is designed to produce a nonlethal jolt as a warning before it becomes lethal, according to Lorance. The new technology adds to security, helps deter potential escapes and allows the agency to better manage staff.
Lorance said correctional posts from outer perimeter towers can be assigned to areas within the perimeter, such as housing units and recreation yards.
But Martin said when the union proposed adding officers to housing units, the warden rejected the idea.
"He flat-out refused that," Martin, the union president, said. "They want to use those officers to fill in for officers on vacation and officers who are out sick so they can save money on overtime costs."
Some correctional experts suggest that towers have outlived their usefulness, especially with new high-tech sensors and other electronic surveillance equipment. Also, officers like tower duty because they don't have to do as much during their shifts as they do on regular assignments. Shutting down tower duty gives the warden more people available to deal directly with prisoners.
USP Atwater isn't using the new fence technology as a cost-saving measure, Lorance said. There are 15 other U.S. federal penitentiaries using the security feature to improve safety.
However, the electrified fence doesn't satisfy union officials. "Just from a surveillance standpoint, you can't replace a human being watching the perimeter," Martin said.
Martin also pointed out that an inmate at a maximum security prison in Colorado on Aug. 22 managed to make it past a similar electric fence. The inmate, who was serving time for attempted murder, assault, kidnapping and burglary, was able to escape by grounding himself and crawling underneath the lethal fence.
He surrendered three days later at a home in a nearby city, after holding a woman hostage for a few hours.
Despite technological improvements, USP Atwater, which houses many convicted murderers, hasn't been immune to acts of violence, including stabbings, riots and homicide -- the same problems that plague nearly all high-security prisons in the United States.
Death of correctional officer
In 2008, Jose Rivera, a USP Atwater correctional officer, was killed when prison officials say two drunken inmates stabbed him to death with an ice-pick-type weapon inside a housing unit.
The killing created an outcry for additional staffing and better equipment.
The two former USP Atwater inmates charged with murder are still awaiting trial.
After the homicide, Rep. Dennis Cardoza, D-Merced, testified that the warden at the time, Dennis Smith, ignored congressional warnings about safety concerns at the penitentiary.
Despite failures of the former warden, Cardoza was satisfied with replacement Warden Rios' performance, he said during his 2009 testimony.
Rios remains warden at USP Atwater. Observers say he's been proactive in reaching out to Atwater and other communities and service organizations to improve relations. He's also been willing to bring in outsiders to talk about leadership and other issues to his officers.
However, the organization representing the correctional officer's union has labeled Rios as "arrogant and egotistical," according to a letter on the organization's website. The organization claims that Rios' brand of leadership is dividing the work force and hurting morale.
"Sick leave usage is at an all-time high due to the working environment at USP Atwater, and the leadership does not appear to concern themselves with addressing why that's the case," the letter states.
Leadership at the prison instead punishes the employees by charging them with AWOLs for legitimate usage of sick leave, according to the letter.
Changes made after killing
Just days after Rivera was killed, Andy Krotik, a former Atwater councilman, helped form an organization to support correctional officer safety.
Friends and Family of Correctional Officers was formed with a focus on objectives including: providing officers with stab-proof vests, providing officers with pepper spray or something equivalent, allowing the use of batons and increasing staffing levels.
Krotik met with Rios on Wednesday, along with two members of the staff of Rep. Jeff Denham, R-Atwater.
Krotik confirmed that the facility's perimeter towers are no longer staffed by correctional officers. He agreed with the union that the officers who were taken from the towers should be reassigned to housing units, where it's common for one officer to be alone with more than 100 inmates while armed with nothing more than a set of keys and panic button in case of an emergency, he said.
However, it seems that those officers are being used to reduce overtime costs, Krotik noted.
When Krotik asked the warden about possibly staffing the housing units with more correctional officers, Rios told Krotik he thinks the housing units are adequately staffed.
Despite sometimes opposing views on prison operations, Krotik said he has maintained open communications with Rios, who's always been accessible to Friends and Family of Correctional Officers.
Union plans to take action
Upset by the actions taken by the warden, the union plans on filing an Unfair Labor Practice Charge with the Federal Labor Relations Authority, arguing that the union's collective bargaining rights were violated, according to a letter on the union's website.
The prison should have negotiated with the union, Martin said. "When it became apparent they didn't agree with our proposal, that's when the warden arbitrarily decided to implement the procedure," he said.
Union officials hope the Federal Labor Relations Authority will require the agency to man the towers again and resume negotiations with the union.
The process takes about three months, according to union representatives. Union leaders say that may allow Rios to pass the issue along to his successor.
Rios, an El Paso, Texas, native who's worked at numerous prisons and is viewed within the bureau as an effective troubleshooter, doesn't have any immediate plans to retire.
Reporter Mike North can be reached at (209) 385-2453 or mnorth@mercedsun-star.com.
This story was originally published January 29, 2011 at 12:45 AM with the headline "USP Atwater: Officers say closing towers risks safety."