Letter to Thomas Kane, Director, Federal Bureau of Prisons

With Berlin's federal prison ready to accept inmates but unable to hire staff, U.S. Senator Kelly Ayotte (R-NH) continued her efforts to activate the facility by calling on the Bureau of Prisons (BOP) to redirect sufficient funds within its budget that would allow for the opening and adequate staffing of the prison, which was completed in 2010. She emphasized this point in letters sent today to Acting BOP Director Thomas Kane, BOP Assistant Director William F. Dalius Jr, and Attorney General Eric Holder.

Because of Congress' failure to pass a budget last year, the federal BOP is being funded under a Continuing Resolution that does not include funds for staffing the prison. As a result, the facility remains vacant and unstaffed, costing taxpayers an estimated $4 million a year.

Ayotte also asked Department of Justice officials to reexamine the maximum age requirement for BOP law enforcement applicants. The BOP's maximum age limit of age 37 unduly prevents many Coos County residents from applying for jobs at the Berlin prison.

AYOTTE LETTER TO BOP ACTING DIRECTOR THOMAS KANE:

Dear Acting Director Kane:

As the Federal Bureau of Prisons prepares to submit to Congress its spending plan for the remainder of fiscal year 2011, I urge you to redirect sufficient funds within the Bureau's budget to begin immediately the activation process of Federal Correctional Institution (FCI) Berlin, New Hampshire. As you may know, I have recently discussed this issue with former Director Lappin, and I am eager to work with the Bureau of Prisons to correct the serious and dangerous problem of overcrowding in our nation's prisons.

Through no fault of the Bureau of Prisons, the last Congress failed to pass a budget and failed to pass a single appropriations bill, choosing instead to run departments and agencies on a series of short-term continuing resolutions that failed to take into account the Bureau's new priorities for the fiscal year.

As you know, the $276 million FCI Berlin project -- a federal prison that will house approximately 1,152 medium security and 128 minimum security adult male offenders in Berlin, New Hampshire -- was completed during 2010. With the promise of job opportunities for area residents, the City of Berlin and local taxpayers committed significant resources to upgrade water and sewer infrastructure in preparation for FCI Berlin. FCI Berlin is estimated to create 320-340 urgently needed jobs and inject $40 million annually into the economically distressed North Country of New Hampshire. Once operational, FCI Berlin will be the only federal correctional facility throughout Northern New England.

Not only is the prison important locally, but it also will strengthen our nation's correctional system. Many of the challenges faced by the Bureau of Prisons relates to the growth of the inmate population. In fiscal year 2010, the Bureau of Prisons population had a net increase of 1,468 prisoners and was 37 percent overcrowded. FCI Berlin was constructed to help increase capacity and ease overcrowding in our nation's federal prison system. Yet, despite construction being complete and a warden being named, FCI Berlin remains vacant. This leaves taxpayers on the hook to maintain the empty new prison at a cost of $4 million per year.

In addition, I ask the Bureau to review the maximum age requirement for Bureau of Prisons law enforcement applicants. As mandated by Public Law 93-350, the Attorney General, with the concurrence of the Office of Personnel Management, has determined that the initial appointment of employees into Federal Bureau of Prisons law enforcement positions must occur before they reach age 37, with a few exceptions: Physician Assistant, Medical Officer, Dental Officer, Registered Nurse, Nurse Practitioner, Chaplains of some faith traditions, and Psychologists. However, the average age of Coos County's unemployed and underemployed population -- including many former mill workers -- exceeds 37 years old. In the special case of FCI Berlin, employing workers older than the current maximum age requirement is essential to the success of the prison, recovery of the local economy, and strengthening of the community.

I would like to speak with you as soon as possible to better assess how funds could be redirected in fiscal year 2011 and review the Bureau's needs for fiscal year 2012 to ensure adequate resources to address overcrowding. It makes absolutely no sense to expend $4 million a year in taxpayer dollars to maintain an empty prison.

Thank you for your consideration of this request.

Sincerely,

Kelly Ayotte

United States Senator

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