Thursday, July 31, 2003 | 11:25 a.m.
CARSON CITY -- The state has stepped up its monitoring of the privately run Southern Nevada Women's Correctional Center in North Las Vegas after a female inmate became pregnant, apparently through sex with a correctional officer.
Howard Skolnik, assistant director of the state Department of Corrections, said Wednesday the private company Corrections Corp. of America has placed the employee alleged to be the father on administrative leave.
Warden Christine Bodo refused to comment and referred all questions to Skolnik. Corrections Corp. has a contract with the state to run the prison.
Skolnik said the inspector general's office in the corrections department is investigating whether criminal charges should be filed. It is a felony for a correctional officer to have sexual relations with an inmate, he said, even if it is consensual. In this case, he said, it is believed the encounter was consensual.
The woman, who was not named, identified a correctional officer as the father, Skolnik said. The state learned of the incident last week, officials said.
The woman's attorney, Scott Olifant, said he doubted the sex was consensual.
"It is impossible for an inmate to participate in an act of this nature on a truly consensual basis," he said. "The state of Nevada has recognized this and made it a felony."
Skolnik said if the staff member denies paternity, the investigation would have to rely on DNA evidence after the birth.
The female inmate has been transferred to the Regional Medical Center in Carson City. Skolnik said she would probably have the child at the medical center.
Olifant said he did not request the transfer.
"I think what's happened here is they don't want her in CCA's facility down here for reasons that should be apparent," he said.
The private prison company, which brought the incident to the state's investigation, has been warned against retribution, Skolnik said.
"Corrections Corporation of America has been informed that any retaliation against inmates for providing this information will not be tolerated," he said, adding the company is cooperating in the investigation.
Olifant added that the Department of Corrections may also have moved her to Carson City for prenatal care.
The woman had been at the prison in North Las Vegas since February 2001 on a charge of robbery, Olifant said. She was serving a term of two to 10 years.
He added that it has not been decided whether parole or a humanitarian release will be sought for the inmate.
"Right now let's just see if she has a healthy baby," Olifant said. "Nothing has been decided with respect to child-care issues that arise upon the birth of the child."
The woman has family in Las Vegas, he said.
The state Attorney General's Office is examining Correction Corp.'s contract to determine if any provision has been violated and what if any penalties could be imposed against the private company.
It was the first significant problem the state has had at the facility, Skolnik said. Because of the incident, the state has added one monitor in addition to the present one, to see that the private corporation lives up to the terms of the contract.
He said the two state monitors would increase contact with inmates to listen to their complaints.
The last time there was a pregnancy in the prison system was in 1975, Skolnik said.
Corrections Corp. designed, built and has operated the prison since its opening in 1997. It is the only prison in Nevada that is run by a private firm.
The contract comes up for renewal in October 2004. The state presently pays $47.79 per day per inmate, with 430 prisoners housed at the center. At that capacity for a year, the company's pay would be $7.5 million.
There had been as many as 500 inmates at the camp previously. But during a budget crunch last year, the state removed some of the convicts and put them in the less-expensive honor camps at an estimated saving of $2 million.
Gary Peck, executive director of the American Civil Liberties Union of Nevada, said his organization has been lobbying against the privatization of the prison system because of the potential for problems.
"I wish I could say I was surprised or I wish I could say that it was an isolated incident," Peck said. "The truth is these are the kinds of problems that are more prevalent in privatized correctional facilities."
Peck said a private company's need for profits can lead to cuts in staff and training.
"This is a problem just not in Nevada but nationally as well," he said.
Olifant, who said he planned to file a lawsuit against Corrections Corp. on the woman's behalf, said this may change the way Nevada incarcerates women.
"I would not be surprised if this incident and any other issues to which this investigation leads gives the state of Nevada reason to reconsider the future of private prisons in this state," he said. "It will be up to their policy-makers."
There was talk during the legislative session of the state taking control of the prison. Skolnik said a contingency plan has been prepared for the state takeover if Corrections Corp. decides to pull out.
Skolnik said the only problem the state encountered in the past has been the shortage of staffing at the prison. But he said Corrections Corp. fixed that problem.
The state and the company have been at odds over the finances of the operation. Corrections Corp. said it was losing money. The company maintained inmates were transferred to conservation camps often, got sick and then were returned to North Las Vegas, where Corrections Corp. paid the bill for their medical care, rather than the state.
But Darrel Rexwinkel, deputy director in charge of finances for the state agency, said the state transferred inmates to the prison because the state has an obligation to keep at least 400 women at the center.
Last year the state sought bids from companies to run all or part of the women's prison. There were five bidders, including Corrections Corp. But no action was ever taken on the bids, apparently because the prices were higher than what the state was paying Corrections Corp.
The private company originally owned the prison but when interest rates fell the state sold bonds to raise the money to buy the prison for $24.1 million.
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