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New T. Don Hutto contract gives county more funds 
CROWDED COURTROOM: T. Don Hutto opponents and Corrections Corporation of America employees pack the Williamson County Commissioners courtroom in Georgetown Tuesday to voice their opinions of the future of the facility. The county voted unanimously to approve an amended contract that provided the county more protection from liability.
staff photo by LEAH FILLION |
By Leah Fillion Additional revenue pays for oversight officer, costs of any legal action Williamson County commissioners unanimously voted to continue a highly-criticized partnership for the operations of T. Don Hutto Residential Center after amending a contract that promises to protect the county from liability. Several weeks ago, county commissioners considered ending their contract prior to the Jan. 31, 2009 agreement with Corrections Corporations of America, a for-profit prison management company, citing a fear of legal liability for incidents at the detention center where they had no oversight. As part of the new contract, CCA offered incentives to remain in the contract including a “no-limit” indemnity provision to the county in which CCA will assume all legal responsibilities and provide legal counsel for the county should a lawsuit arise. CCA also offered a $250,000 letter of credit to cover legal expenses should the county lose or settle a lawsuit. At $5,000 per month, CCA will also pay for a county employ to act as a liaison between the county, CCA and the federal Immigration and Customs Enforcement agency and give the county more oversight at the facility. But the new contract does not have everyone convinced that the county's liability risks are over and warned that the amended contract gives a false sense of security. Scott Medlock, Prisoners' Rights Attorney for the Texas Civil Rights Project in Austin, told commissioners at Tuesday's meeting that while the contract claims to “defend and hold harmless the county” under the Texas Tort Claims Act, it will not protect them under federal law. The county could be held liable if a court finds that the policy or practice of the facility deprives a person of their civil rights and privileges under federal law, according to Assistant County Attorney Dale Rye. While the county has never been involved in a lawsuit stemming from the facility, Medlock said an incident of alleged sexual assault this year could potentially hold the county responsible if commissioners knew conditions giving rise to the violations existed and failed to act. “Following last May's incident where a female detainee was sexually assaulted, the county is now on notice,” Medlock said in a letter to commissioners. The investigation of sexual assault was being investigated by ICE, and a Freedom of Information request is pending. “We are not liable for simple negligence - one isolated episode generally speaking would not subject us to liability,” Rye said. Recurrent episodes of similar offenses, however, would appear to be a practice in violation of civil rights, Rye said, that would weaken their immunity. Over 18 protesters walked from T. Don Hutto in Taylor to the meeting Tuesday morning in Georgetown over the last two days to demand that the facility be shut down regardless of legal liability, stating that it is a moral obligation. “My issue and dismay is keeping children in a place they don't belong, Taylor resident Neil Kopit, said. “Homeland security imprisons children and woman and it's not morally correct. As a father who lives in Taylor and can see the lights of the prison from my home at night - I am sad, disappointed and outraged,” Kopit said. Kopit was the last of 10 to speak during public comment and, with no response from commissioners, they voted to accept the terms of the new agreement. “We are not likely to lose, (CCA) is arguing at least, but if we did lose it would be on their dime and not on Williamson County tax payers dime,” Rye said. “Primarily it's a judgement by the commissioners court. (Attorney's from many sides of the issue) have given them advice... and the commissioner have... made the judgement that it is an acceptable risk,” Rye said.
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