Prison Privatisation Report International

No. 74, October 06

Published by the Public Services International Research Unit (PSIRU) University of Greenwich, London, England. 

www.psiru.org/justice

This publication is supported by a grant from the Foundation Open Society Institute.

 

IN THIS ISSUE

 

HONDURAS CHILE DOMINICAN REPUBLIC BRAZIL HONG KONG JAPAN CZECH REPUBLIC GERMANY BULGARIA FRANCE BELGIUM UNITED KINGDOM  UNITED STATES

SOUTH AFRICA AUSTRALIA ISRAEL ELECTRONIC MONITORING

 

HONDURAS

‘Emergency’ could lead to privatisation

 

The National Congress of Honduras has declared that its overcrowded prison system is in a state of emergency. The declaration made in August 2006 possibly paves the way for a private company to be commissioned to build and operate a new maximum security prison.

 

Israel’s Noa Group, which is run by former Mossad (Israeli intelligence) agents, hopes to be awarded a 30 year contract worth some $6 million a year to build and run a 2,500 bed prison based on a military model. The facility would be built at San Pedro Sula, north of Tegucigalpa. The company has apparently carried out a feasibility study at a cost of over $140,000. In January 2006 LaPrensahn.com stated that the company has “more than 30 years of professional experience in security, construction and administration of penitentiary centres in four continents” and has built seven prisons in Israel, Argentina, Brazil, Singapore and Bosnia & Herzegovina. Meanwhile, El Heraldo.hn 4 August 2006 reported that the company’s representative in Honduras, Mr Avi Staroselski, claimed his company administers military prisons in Venezuela, Brazil, Angola, Ghana and Israel. However, Mr Staroselski would not respond to PPRI’s attempts to clarifiy his company’s international operations.

 

The website www. cornershot.com describes Mr Staroselski  as a distributor in Honduras, Venezuela and Guatemala for Corner Shot “the weapon system that enables security forces to observe and engage a target from behind a corner”. According to www.army-technology.com this machine gun was selected in Law Enforcement Magazine’s Top 20 products of 2004.

 

CHILE

Consortium backs out

 

A consortium comprising Sodexho of France, Torno Construction of Italy and Besalco of Chile have pulled out of a contract to finance, design, build and operate non-custodial services at two prisons (see PPRI #64). This follows a dispute over contract specifications, according to bUSiness CHILE, October 2006

 

The consortium’s first three prisons at Rancagua, La Serena and Iquique opened recently. Vinci of France has a contract to finance, design, maintain and provide non-custodial services at three prisons with a capacity to hold 5,000 prisoners at Santiago, Puerto Montt and Valdivia. Chile’s programme of 10 semi-private prisons is aimed at providing 16,000 new prison places.

 

DOMINICAN REPUBLIC

Privatisation “not contemplated”

 

“The consequences of this [privatisation] phenomenon cannot be more sinister,” according to Dr. Juan Ramón de la Cruz Martínez, director general of the Dominican Republic’s prison service. Speaking at a conference on prisons and human rights in Santo Domingo, 5 October 2006, Dr. Martinez referred to independent research in the US that casts doubt on the claimed benefits of privatisation, criticised the “crime market” and reiterated his government’s commitment to public provision. “In our country this delegation of the state’s responsibility is not contemplated,” he said.

 

BRAZIL

Seven for Minas Gerais

 

The State of Minas Gerais is planning seven new prisons for 500 prisoners each. The government will be responsible for security but 30 year contracts for the finance, design, construction, maintenance and provision of other non-custodial services will be awarded to the private sector.

 

HONG KONG

Researching PPPs

 

A 20-strong delegation of government officials from Hong Kong visited Canada in June 2006 to explore the use of public private partnerships. This follows a similar visit by 28 officials to the UK in 2005 (see PPRI #68). Now the government’s efficiency unit is trying to identify the best way to contract out the non-custodial functions of the new 1,400 bed Lo Wu Correctional Institute which will be privately designed and built but publicly financed and run by state prison officers.

 

JAPAN

More contracting out

 

Japan’s ministry of justice will be contracting out non-custodial functions at the new Kizuregawa and Harima prisons. The prisons will be publicly operated but services such as monitoring and vocational training will be run by the private sector. The prisons are expected to open in the autumn of 2007. Japan’s first semi-private prison is due to open in April 2007 (see PPRI #72/71 & 57).

 

CZECH REPUBLIC

Costs under scrutiny

 

The cost of the country’s first private prison project is being questioned by the ministry of justice (see PPRI #69 & 67). A proposed construction cost of approximately £36 million for a 500 bed facility is now thought to be excessive and officials are examining ways of reducing the cost by £12 million. Operating costs will be a further £3.2 million a year over a 25 year contract. Preparation for the project was approved by the Czech government on 17 August 2005 and a tender launched in October 2005.

 

The prison is to be built in Rapotice and run to European standards. At the beginning of 2006 the government appointed an advisory team of Delloite CZ, Atkins s.r.o and the law firm Havel & Holasek. Atkins is a global company and is part of the consortium that financed, designed, built and runs Parc prison at Bridgend, Wales. In 2001 the company was involved in preparing a private prison feasibility report for the ministry of justice in the Netherlands (see PPRI # 43).

 

GERMANY

Bilfinger wins two justice contracts

 

The state of Saxony-Anhalt has awarded construction and concession firm Bilfinger Berger a 25 year contract to finance, design, build and operate all non-sovereign services at a 650 bed prison to be built at Burg. The prison is expected to open in 2009. The company has also won a 20 year contract from the state of Saxony to design, finance, build and operate Chemnitz Justice Centre which will include a municipal court and state attorney’s offices. The contracts are worth some €130 million. The Mannheim-based multinational company’s Australian subsidiary Baulderstone Hornibrook  recently completed the construction of two semi-private prisons in Victoria, Australia, and is operating non-custodial services under 27 year contracts worth  €150 million

 

BULGARIA

Legislation by end of 2006

 

Legislation enabling the development of prisons under public private partnerships could be approved by the council of ministers before the end of 2006 (see PPRI # 72/71). The first project is likely to be maximum security prison in Sofia. Bulgaria joins the European Union in January 2007 and is under pressure to comply with EU standards.

 

FRANCE

Three more Semi-private prisons

 

The Themis consortium has been awarded a 30 year contract to finance and build three semi-private prisons and operate the non-custodial services (see PPRI #72/71, 69, 67, 52, 44, 2 & 11). The consortium comprises Dexia Local Credit, Royal Bank of Scotland - each owning 40.5% - and subsidiaries of French construction multinational Bouygues which together own 19%. The two banks are each providing 50% of the finance. The prisons will be located in the departments of Vienne, Seine-Maritime and Sarthe and will accommodate a total of 1,690 prisoners. Construction is expected to take three years. The capital value of the contract is €155 million. This is the second tranche of contracts awarded under the government’s public-private partnerships prison programme enabled by legislation in 2004.

BELGIUM

Crisis but no privatisation - yet

 

Belgium’s crisis of old infrastructure and prison overcrowding will not be solved by privatisation, at least in the short term (see PPRI #68).  New measures aimed at relieving overcrowding are being considered. These include the possible repatriation of Eastern European nationals, reducing the number of prisoners on remand by giving examining magistrates more discretion and the use of electronic tagging as an alternative to custody. A new prison for young offenders will be built at Florennes and a disused army barracks at Herentals will be converted for use by prisoners nearing the end of their sentence. Two thirds of Belgium’s 33 prisons were built in the 19th century.

 

UNITED KINGDOM

Parc prison “moved significantly backwards”

 

“At our last inspection, we described Parc as being, overall, a safe and respectful prison that was poised to move forward. However, since that inspection, the prison had in fact moved significantly backwards, with three changes of Director, and the slippage of many key areas of work. This inspection found a prison in recovery, but still unable to meet three of our four tests of a healthy prison.”

 

The chief inspector of prisons for England and Wales inspected G4S- run Parc prison, Bridgend, Wales in January 2006 (see PPRI # 73, 65-63, 60, 56, 48, 44-42, etc ) although the report was not published until August. Parc, one of England and Wales’ first privately financed, designed, built and run prisons, opened in 1997.

 

The chief inspector found that: “Parc was not an unsafe prison. There were relatively low levels of use of force and segregation. But in key areas that support safety, procedures and policies were not sound enough to provide protection for vulnerable prisoners. Reception, first night and induction procedures were weak. There were gaps in the management and support for prisoners at risk of self-harm or suicide. And, most worryingly, a good violence reduction strategy was not being operated properly on the wings; nor were managers monitoring this. “

 

“Our previous report, and Parc’s own assessment of itself, was that staff-prisoner relationships were respectful and positive. It was therefore a considerable surprise to inspectors to find that prisoners, in groups and individually, had an extremely negative perception of staff and some recounted instances of poor or dismissive treatment. Inspectors did not find examples of actively disrespectful treatment. But they did find that officers, on very lightly staffed units, did not routinely engage with prisoners, were not able to deal informally with their queries and needs, and were not actively supporting prisoners, as personal officers or in implementing prison-wide strategies. The exceptions were the small and well-run juvenile and Kainos units, where staff and prisoners engaged positively and regularly.”

 

The report noted that: “Black and minority ethnic prisoners, as in many other prisons, had even more negative perceptions than white prisoners. It was of particular concern that impetus in race relations had slowed considerably: indeed there was no evidence of an action plan to deal with issues raised in the recent critical Commission for Racial Equality investigation. Ethnic monitoring was limited, and there was no record of racist incident investigations for previous years.”

 

“At one level, Parc provided a good level of activity for a local prison. As its contract required, prisoners were out of their cells for around 11 hours a day (though there remained some over-recording) and many attended workshops. However, that did not mean that they worked. On one morning during the inspection, we found that only six out of the 69 prisoners in workshops were actually working. The claim made to inspectors that this nevertheless instilled a ‘work ethic’ was scarcely credible. There was little work skills training, and the quality of education was poor - this was particularly unacceptable for the prison’s juvenile population.”

 

Resettlement, however, was one area where Parc had made “real and visible progress, with the active support of community and national resources outside the prison. There was a well developed and well-managed strategy, and effective reintegration work within the ‘Release Zone’. The prison had established a post-release mentoring scheme for some of those on drugs programmes, and could refer homeless prisoners to a unit in the community. There were, however, still no custody plans for young adults or remanded prisoners. And the absence of a visitors’ centre, in a prison that was far from transport links, was a significant deficit.”

 

Parc holds a number of young adults, and has a specialised juvenile unit. The cchief inspector found that: “they had widely different experiences. There were no specific policies or activities for young adults, who suffered equally with the adult population from the absence of sufficient useful vocational work. Indeed, young adults did not even have custody plans to assist in their rehabilitation. We were particularly concerned that vulnerable young adults, who could not safely be held in the general population, were placed in segregation, sometimes for lengthy periods. Nowhere in Wales is there provision for vulnerable young adults, or those serving indeterminate sentences.”

 

“By contrast, the juvenile unit was extremely well-run and focused on the needs of young people. It had coped well with the transition to holding sentenced as well as remanded young people. Training planning was done well, and the staff engaged positively and appropriately with the young men there. It was somewhat surprising that the unit was not full, given the number of Welsh children serving their sentences in English prisons. The one important weakness was the inadequacy of education, which needs urgent attention.”

 

“Though this was in many respects a disappointing inspection, we were clear that the prison was, once again, moving forward under a new Director and a clear management strategy. The pockets of good practice – resettlement, the juvenile unit and the Kainos wing - show what could be achieved, given motivation, leadership and resources. But it is of some concern that Securicor, who managed the prison, and the Office for Contracted Prisons, had not taken decisive action earlier to halt and reverse the drift downwards.”

 

The chief inspector concluded that: “Parc can be a significant resource for Wales. But, in order for that to happen, its role needs to be clarified, and its contract examined to ensure that it provides the right incentives and sufficient resources for that role. There is now a Director of Offender Management for Wales, with direct oversight of Parc, and we would urge that she and her team undertake that task with some urgency, to ensure that progress this time is sustained and developed.”

HM Inspectorate of Prisons, Report on an announced inspection of HMP & YOI Parc, 9-13 January 2006, published August 2006,

www. inspectorates.homeoffice.gov.uk/hmiprisons

 

Lowdham Grange: Too little education, training and reintegration

 

Serco-run Lowdham Grange prison near Nottingham was “a largely safe and respectful establishment but there was too little education, training and reintegration work,” according to the chief inspector of prisons for England and Wales.

 

The prison opened in 1998 and holds long terms offenders including serious offenders. The announced inspection was carried out 13-17 March 2006.

 

The chief inspector found “mutually respectful staff–prisoner relationships

and plenty of time out of cell for prisoners. However, the prison was based on an outdated industrial model, too focused on menial, repetitive paid work of little vocational benefit and with insufficient attention paid to education, programmes and reintegration services. Lowdham Grange was generally safe. Unlike some similar private sector prisons, it had begun to improve staff recruitment and retention and, in this way, reduce the proportion of inexperienced staff having to manage experienced prisoners”

 

Suicide and self-harm prevention procedures were “effective, with good use of prisoner buddies”, although “first night arrangements required development. Anti-bullying procedures were in their infancy and, while most prisoners felt safe, minority ethnic prisoners reported greater vulnerability than their white counterparts. There was also evidence that the prison was facing a growing drugs problem.”

 

The prison environment was “clean and well maintained”. Prisoners received plenty of time out cell and 80% were in full time work. “However, the contract to which the prison operated had preceded the Government’s current focus on reducing reoffending. Instead, the focus was on prison industries, with prisoner wages dependent on profits made by the workshops. Much of this work was menial and repetitive. Prisoners were often bored and disengaged and they had few opportunities to gain vocational qualifications that might support employment on release.

This dependence on production workshops also limited the development of adequate

education provision, although a new education block had recently opened.”

 

The chief inspector also noted that there were insufficient offending behaviour programmes and reintegration services. “It was particularly disappointing that there was no accredited drug treatment programme available. Significant investment was also required to improve the cramped and limited physical education facilities.

The prison was out of step with the regional offender manager’s reducing reoffending action plan, which required a much broader portfolio of interventions to address offending behaviour.”

 

She said that matters were not helped by Lowdham Grange’s inability, along with other private sector prisons, to access the IT version of the joint prison and probation and offender assessment system (OASys). To its credit the prison had not let this inhibit its sentence planning, which was largely timely and of good quality, although public protection work was less effective.

 

She also noted that the failure of the establishment’s contract to focus adequately on reducing reoffending is largely beyond the prison’s control.  “The prison’s proposed expansion and the associated redrawing of the contract ought to provide an opportunity to rebalance provision. The regional offender manager should certainly satisfy herself that an appropriate regime, focused on reducing reoffending, is put in place before this expansion goes ahead.” The chief inspector made 125 recommendations for improvements and housekeeping points and highlighted 19 examples of good practice.

Report on a full announced inspection of HMP Lowdham Grange, 13-17 March 2006, HM Chief Inspector of Prisons, July 2006, published October 2006, www.inspectorates.homeoffice.gov.uk/hmprisons

 

Money-go-round

 

Serco Group Plc

 

Serco has recently reiterated an announcement made in August 2006 that the company is “in discussions with potential investors regarding the formation of a strategic partnership and the disposal of a number of our PFI investments. This would provide Serco with a large and lower-cost pool of capital and allow us to bid for future PFIs without using our own equity. For the disposal PFIs Serco would retain the associated long-term operating contracts and would also provide management services to the investment partner. There are several steps that need to be completed before any transaction can be finalised and we will make future announcements as appropriate.” The company made no mention of whether prison assets would be part of any transaction.

 

Serco is the sole owner of the Premier group of companies that until 2003 used to be owned jointly by Serco and Wackenhut Corrections Corporation. During 2005 Serco restructured its Premier Custodial Group and justice divisions to create a business focused on four key areas: civil resilience, offender management, law enforcement and immigration control. These operations are included within Serco’s civil government sector which it regards as the largest market and also includes health, education and IT.

 

The company recently valued the UK home affairs market at £3 billion per annum.

 

In the UK not all the accounts of Serco home affairs companies within the group were filed for the whole of financial year 2005 as some were sold (within Serco) and ceased to trade on 30 June 2005. Neither does Serco include the financial details of individual companies in its consolidated accounts nor does it provide separate financial details of all its home affairs operations. However, the following information is gleaned from Serco companies’ recently filed accounts at Companies House.

 

In 2004 Premier Custodial Group Ltd was a holding company with subsidiaries engaged in the design, construction, management and finance of custodial facilities. During financial year 2005 Serco Holdings Ltd reorganised the business: subsidiary Premier Prison Services Ltd was sold to Serco Ltd while subsidiaries Premier Custodial Investments Ltd and Premier Custodial Finance Ltd were sold to Serco Holdings Ltd. According to Premier Custodial Group Ltd’s accounts Premier Custodial Investments Ltd and Premier Custodial Finance Ltd ceased to be subsidiaries of the company on 31 March 2005 when the investments were sold to Serco Holdings Ltd. The investment in Premier Prison Services Ltd was sold to Serco Ltd on 31 March 2005.

 

During 2005 Premier Custodial Group Ltd paid a dividend of £7.5 million (2004 -£15.43 million).

 

Serco plc’s annual review and accounts for the financial year ended 31 December 2005 showed its principal UK home affairs subsidiaries as:

Serco Ltd

Kilmarnock Prison Services Ltd

Lowdham Grange Prison Services Ltd

Medomsley Training Services Ltd

Pucklechurch Custodial Services Ltd

Moreton Prison Services Ltd

 

The accounts of Serco Ltd reflect the company’s wider business interests as well as home affairs and there is no breakdown by business segment.

 

Kilmarnock Prison Services Ltd’s major activity is the design, construction, management and finance of Kilmarnock prison which opened in March 1999. The company made a pre-tax profit of £1.03 million for the financial year ended 31 December 2005 ((2004 - £1.04m) on turnover of £9.2 million (2004 - £9.1 million) according to the company’s latest accounts. The company paid no dividend.

 

Lowdham Grange Prison Services Ltd financed, designed, built and operates Lowdham Grange prison which opened in February 1998. No dividend was paid but pre-tax profit for the financial year ended 31 December 2005 was £0.91 million (2004- £0.93 million) on turnover of £9.91 million (2004 - £9.1 million).

 

Medomsley Training Services Ltd’s major activity is the design, construction and management of Hassockfield Secure Training Centre which opened in September 1999. No dividend was paid for the financial year ended 31 December 2005 but pre-tax profit was £0.25 million (2004 - £0.25 million) on turnover of £4.41 million (2004 - £3.95 million).

 

Pucklechurch Custodial Services Ltd’s major activity is the design, construction, management and finance of Ashfield prison and young offenders’ institution.  The company made a pre-tax profit of £1.23 million (2004 - £1.24 million) on turnover of £15.6 million (2004 - £11.7 million) for the financial year ended 31 December 2005. No dividend was paid. Ashfield opened in November 1999.

 

The major activity of Moreton Prison Services Ltd  is the design, construction, management and finance of Dovegate prison which opened in July 2001.Pre-tax profit for the financial year ended 31 December 2005 was £2.67 million (2004 - £2.7 million) from turnover of £15.4 million (2004 - £14.2 million).

 

According to Serco Ltd’s accounts for the year ended 31 December 2005 on 30 June 2005 the company assumed the beneficial ownership from another group company of Premier Prison Services Ltd, Premier Detention Services Ltd, Premier Monitoring Services Ltd, Premier Training Services Ltd and Serco Geografix Ltd for a combined cash consideration of £152.37 million. In terms of its UK justice services operations Serco Ltd described the following companies as its principal undertakings and all their accounts reflect the period 1 January 2005 to 30 June 2005 rather than a complete financial year:

 

Premier Prison Services Ltd – custodial services

Premier Training Services Ltd – training centre management

Premier Monitoring Services Ltd – electronic tagging services

Premier Detention Services Ltd – immigration centre management

Serco Geografix Ltd – manufacture of tagging equipment

 

The principal activity of Premier Prisons Services was the provision of custodial services, the manufacture and leasing of electronic tagging equipment and the provision of electronic monitoring services to HM government home office and immigration service. A dividend payment of £7.09 million (£15.06 million whole year 2004) was made during the year to Premier Custodial Group Ltd. Pre-tax profit was £83.5 million (£13.72 million whole year 2004) on turnover of £53.38 million (£94.05 million whole year 2004) but this profit also reflected a £77.09 million profit on the disposal of fixed asset investments.

 

Premier Training Services Ltd’s principal activity was the management of Hassockfield Secure Training Centre. Pre-tax profit was £56,000 (£127,000 whole year 2004) on turnover of £2.01 million (£3.92 million whole year 2004). A dividend of £31,000 was paid (£116,000 whole year 2004).

 

Premier Monitoring Services Ltd provided electronic tagging services to the electronic monitoring unit of the home office. Pre-tax profit was £735,000 (£1.79million whole year 2004) on turnover of £12.03 million (£27.6 million whole year 2004). A dividend of £391,000 was paid (£2.8 million for whole year 2004).

 

The major activities of Premier Detention Services Ltd were managing the immigration detention centre at Dungavel, Scotland, which opened in September 2001 and the building and management of Colnbrook immigration detention centre in England which opened in August 2004. Pre-tax profit was £2.8 million (£1.44 million for whole year 2004) on turnover of £11.63 million (£40.6 million for whole year 2004). A dividend of £2.25 million was paid (£804,000 for whole year 2004).

 

At the time of writing no accounts for Serco Geografix were available.

 

■ Outside of the UK Serco also operates Acacia prison for the government of Western Australia (see PPRI #72/71) and in Germany the company has a contract with the state of Hesse for a semi-private prison at Hunfeld (see PPRI #67). In Italy and Canada (Newfoundland and British Columbia) the company provides electronic monitoring products.

 

Forest Bank: the CCA connection

 

The business of Agecroft Prison Management Ltd (APM) is the design, construction, management and financing of Forest bank prison. Contracts were signed on 6 July 1998 and the prison opened on 20 January 2000. For the financial year ended 31 December 2005 the company made a pre-tax loss of £0.4 million (loss of £0.64 million 2004) on turnover of £17.95 million (£16.8 million 2004). The company has no employees and from the start of operations it has been charged a management fee by UK Detention Services Ltd (UKDS) for the provision of services to operate the prison. During the year UKDS charged £15.65 million.

 

The company’s directors included Herb Nahapiet of UK Detention Services (now known as Kalyx) and Irving Lingo of Corrections Corporation of America. APM is jointly owned by Sodexho Alliance SA of France and CCA (UK) Ltd, the latter being   a 100% owned subsidiary of CCA of Tennessee LLC which, in turn, is owned by Corrections Corporation of America.

 

A note to the accounts stated that at the year end the company owed Sodexho Alliance SA and Corrections Corporation of America £3.15 million each as well as £1.89 million to UKDS. Another note stated: “On 2 May 2003 Sodexho Alliance SA and CCA of Tennessee LLC agreed to waive the portion of the subordinated debt interest over 10% that was owed to them from inception to 31 December 2002. Furthermore, the late payment penalty interest over 7.5% was waived for the same period. On 1 July 2005 Sodexho Alliance SA and CCA of Tennessee LLC agreed to waive the portion of the subordinate debt interest over 6.333%. The value of interest waived during the year was £223,807 and the total value waved from inception to date was £1.35 million.”

 

CCA (UK) Ltd is an investment holding company which “holds an interest in a company which conducts activities related to the privatisation of correctional facilities.”  Its accounts for the financial year ended 31 December 2005 state that: “APM made a loss of £309,923 for the year ended 31 December 2005 (2004-£640,996) and the aggregate capital and reserves at 31 December 2005 amounted to net liabilities of £4,302,437 (2004-£4,216,321). In the year ended 31 December 2002, the directors of CCA (UK) Ltd, following a review of the business and its forecasts, considered that CCA (UK) Ltd’s investment in APM was impaired. Subsequently the directors considered it prudent to write off the full amount of the investment. At the date of signing the APM accounts, the ultimate holding companies of APM signed a letter to support the operations of APM in a manner sufficient for APM to continue to operate as a going concern through the following twelve months.” APM’s accounts were signed by Herb Nahapiet on 26 September 2006.

 

Another note to CCA (UK) Ltd’s accounts states: “On 10 April 2001 the company entered into an agreement with a third party whereby the third party was effectively granted an option to acquire one third of the shares in APM currently held by the company at a purchase price to be agreed by the parties following the date of the agreement. The agreement requires that the parties use their best efforts to reach agreement on such price within a reasonable period of time following 10 April 2001. As at the date of signing the accounts [26 September 2006] the third party had not exercised the option. Until such time as the expiration of the option, the company may not sell or transfer the APM shares held by it without the consent of the third party.”

 

Agecroft Properties (No. 2) Ltd is the company that leases Forest Bank prison to Agecroft Prison Management Ltd.  Accounts were recently filed covering the period 1 January 2005 to 31 August 2005 “so as to finalise the tax position of the company prior to its move into a different group of companies.” On 31 August 2005 the company, then owned by Abbey National Treasury Services plc, was bought by API HoldCo Ltd, in turn a subsidiary of SMIF UK Ltd. For the period ended 31 August 2005 the company’s pre-tax profit was £1.34 million from turnover from finance lease of £3.49 million. A dividend of £779,541 was paid.

 

UKDS becomes Kalyx

 

UK Detention Services Ltd has changed its name to Kalyx Ltd. Another company, Kalyx Services Ltd, has also been registered. Kalyx is still owned by Sodexho SA of France.  Kalyx’s website www.kalyxservices.com states that the name has changed “simply because our success has led to the name UK Detention Services (UKDS) being too restrictive for us. Since 1987 we have grown to manage four prisons, an immigration removal centre and two post-release approved premises.” The website also states that “now we have our first contract outside the broad field of detention and we are also optimistic of working outside the UK, two very good reasons for taking a name that retains all our good qualities while allowing us to widen our range of services to work in other countries.”

 

The website mentions that the company runs Forest Bank, Bronzefield and Peterborough prisons in England as well as Harmondsworth immigration detention centre and a pilot project for male ex-offenders in the west of England.  UKDS also led the consortium that signed a contract with the Scottish Prison Service in June 2006 to finance, design build and run a new 700 bed prison at Addiewell, West Lothian.

 

GSL: assets sold and for sale again

 

GSL UK Ltd is a wholly owned subsidiary of Global Solutions Ltd but the ultimate parent company is De Facto 1119 Ltd. The principal activity of the De Facto 1119 group is the provision of support solutions for public authorities and corporate organisations within the UK, Australia and South Africa via its principal operating subsidiary Global Solutions Ltd (GSL). The principal owners of De Facto 1119 are venture capital funds managed or advised by Englefield Capital LLP and Electra Partners Europe LLP, two leading European private equity firms.

 

According to De Facto 1119’s accounts, on 30 September 2005 “Global Solutions Ltd (GSL) … entered into a binding investment partnership agreement … with the Secondary Market Infrastructure Fund (SMIF). Under the partnership SMIF provided debt finance and subscribed for equity carrying the right to economic interest in UK Special Purpose Companies (SPCs) relating to 14 projects and has committed capital to GSL for its future investment programme. GSL have released £64.5 million of value from the portfolio.”

 

“GSL remains a shareholder in all its existing portfolio companies and will continue to provide day to day management through its board membership. However, GSL no longer has access to the future economic benefits (or exposure to future economic risks) of those companies. Therefore it ceased to consolidate the results and assets of these companies from 30 September 2005.”

 

As a result of this transaction an exceptional dividend on the realisation of value from the new joint venture vehicle arises of £36.4 million. No corporation tax liability arises on this dividend.

 

According to www.smif.com the partnership assets included in the transaction related to prisons were Altcourse and Rye Hill as well as Medway and Rainsbrook Secure Training Centres and their expansions.

 

According to GSL’s finance director Chris Elliott “The GSL-SMIF investment partnership allows GSL to focus upon its core objectives within its chosen markets of outsourcing critical business support services to the public and private sector.” In his statement on www.smif.com Mr Elliott also said that “we looked forward to continuing to work with SMIF in the coming years.”

 

But now SMIF, the biggest PFI fund in Europe and set up in 2001 by the Abbey National bank and Babcock & Brown, an Australian infrastructure company, is itself being sold for £600 million. According to www.thisismoney.co.uk 29 October 2006 “this will bring huge profits for its backers including HBoS, Star Capital and fund manager AMP, which between them have invested more than £400 million in SMIF.”

 

■ In 2005 SMIF also bought into Agecroft Properties the company involved with Forest Bank prison (see above).

 

GSL UK Ltd’s accounts include: Fazakerley Prison Services Ltd, (Altcourse prison)   Onley Prison Services Ltd, (Rye Hill prison)   ECD Cookham Wood Ltd, (Medway Secure Training Centre)  ECD Onley Ltd (Rainsbrook Secure Training Centre) as well as Yarls Wood Immigration Ltd, UK Court Services (Manchester) Ltd (Manchester Magistrates Court) and Cheshire Custody Services Ltd (Cheshire Custody Suites).

 

Onley Prison Services Ltd has a 26 year contract signed on 23 July 1999 for the provision of design, construction and management services including related financing arrangements for Rye Hill prison. For the financial year ended 31 December 2005 the company made a pre-tax profit of £0.9 million (2004-£0.67 million) on turnover of £11.06 million (2004-£10.75 million). No dividend was paid. Under the terms of the original contract the company is committed to pay fixed and variable fees to GSL UK Ltd. Payments in the year ended 31 December 1005 were £9.75 million (2004 - £9.64 million). In addition Global Solutions Ltd and GSL UK Ltd provided administrative and technical services to the company during the year at a cost of £nil (2004 - £16,000) for Global Solutions Ltd and £20,000 (2004 -£27,000) for GSL UK Ltd. Similar services were also provided by Carillion Construction Ltd at a cost of £20,000 (2004 - £27,000). At the year end there was £2.17 million payable to GSL UK Ltd and £21,000 payable to Carillion Private Finance Ltd.

 

The company is a wholly owned subsidiary of GSL Carillion Onley Ltd which in turn is owned jointly by Carillion Private Finance Ltd and GSL Joint Ventures Ltd.

 

ECD (Onley) Ltd is engaged under a 16 year contract signed on 13 July 1998 for the provision of design, construction and management services including related financial arrangements for Rainsbrook Secure Training Centre in Warwickshire. Pre-tax profit for the financial year ended 31 December 2005 was £0.48 million (2004 - £0.41 million) on turnover of £9.68 million (2004 - £8.68 million). A dividend of £0.3 million was paid. Under the terms of the original contract in 1998 as amended on 10 August 2001 the company is committed to pay fixed and variable fees to GSL UK Ltd based on the number of available trainee places at Rainsbrook Secure Training Centre. Payments in the year ended 31 December 2005 were £9.03 million (2004 - £8.13 million). Under the terms of a contract dated 28 November 2005 payments of £0.38 million were made to Carillion Construction Ltd for design and construction of a young women’s unit. In addition, Global Solutions Ltd and GSL UK Ltd provided administrative and technical services to the company at a cost of £nil (2004 - £20,000) for Global Solutions Ltd and £53,000 (2004 - £28,000) for GSL UK Ltd. Similar services were provided by Carillion Construction Ltd at a cost of £25,000 (2004 - £23,000).

 

The company is a wholly owned subsidiary of Education Care & Discipline Three Ltd whose shares are in turn owned equally by Carillion Private Finance Ltd and GSL Joint Ventures Ltd.

 

ECD (Cookham Wood) Ltd is engaged under a 16 year contract signed on 3 March 1997 for the provision of design, construction and management services including related financing arrangements for Medway Secure Training Centre in Kent. A dividend of £0.75 million was paid during the financial year ended 31 December 2005. Pre-tax profit for the year was £1.02 million (2004 - £0.96 million) on turnover of £10.5 million (2004 - £10.1 million). Under the original contract dated 3 March 1997 as amended on 11 January 2002 the company is committed to pay fixed and variable fees to GSL UK Ltd based on the number of available trainee places at Medway STC. Payments in the year were £9.4 million (2004 - £9.06 million). In addition Global Solutions Ltd and GSL UK Ltd provided administrative and technical services to the company at a cost of £nil (2004 - £20,000) for Global Solutions Ltd and £103,000 (2004-£82,000) for GSL UK Ltd. Similar services were also provided by Carillion Construction Ltd at a cost of £82,000 (2004 - £ 78,000).

 

The company is a wholly owned subsidiary of Education Care and Discipline Ltd whose shares are in turn jointly owned by Carillion Private Finance Ltd and GSL Joint Ventures Ltd.

 

Fazakerley Prison Services Ltd has a 28 year contract for the design, construction and management services including related financing arrangements for Altcourse prison in north west England. For the financial year ended 31 December 2005 the company made a pre-tax profit of £5.24 million (2004 - £5.02 million) on turnover of £23.06 million (2004 - £22.3 million). A dividend of £4.5 million was paid during the year (2004 - £3.4 million).

 

The company is a wholly owned subsidiary of GSL Carillion (Fazakerley) Ltd. Fifty per cent of the share capital of GSL Carillion (Fazakerley) Ltd is held by Carillion Private Finance Ltd and the other 50 per cent by GSL Joint Ventures Ltd.

 

Under the terms of the original contract dated 20 December 2005 with Carillion Construction Ltd the company is committed to index linked payments totalling £7.58 million for major maintenance works over the contract term. Under the terms of a fee assignment with GSL Carillion (Fazakerley) Ltd dated 30 November 1999 the company is committed to payments totalling £767,000 for financial advice over a period of 12 years. Under the terms of a contract dated 20 December 1995, the company is committed to pay fixed and variable fees to GSL UK Ltd based on the number of available trainee places for the remaining contract term. Payments in the year ended 31 December 2005 were £18.85 million (£18.02 million in 2004).

 

In addition, Global Solutions Ltd and GSL UK Ltd provided administrative and technical services to the group during the year: GSL UK Ltd received £189,000. Similar services were also provided by Carillion Construction Ltd at a  cost of £191,000. At the year end there was £2.075 million payable to GSL UK Ltd and £52,000 payable to Carillion Private Finance Ltd.

 

Group 4 Securicor

 

G4S Justice Services Ltd, formerly known as Securicor Justice Services, made a pre-tax profit of £2.34 million for the financial year ended 31 December 2005 on turnover of £91.96 million. This compares to the 15 month period ended 31 December 2004 when pre-tax profit was £15.02 million on turnover of £104.73million. During 2005 the company’s average monthly number of operational staff was 1,859. The directors received a total of £357,610 in salaries, pension contributions and other benefits.

 

The company’s principal activity is running prisoner escort and custody services and prison management. The 2005 accounts reflected the company’s first period of trading under its new electronic monitoring and immigration contracts which commenced in April and May 2005 respectively. G4S Justice Services Ltd also has a 50% joint venture investment in STC (Milton Keynes) Holdings Ltd and a 49.32% group shareholding in Bridgend G4S Justice Services Ltd.  Its ultimate holding company is Group 4 Securicor plc.

 

For the financial year ended 31 December 2005 the profitability of Group 4 Securicor plc’s justice services sector was reduced compared to prior years “as a result of the terms of the new electronic monitoring contract which included lower margins but increased geographical coverage and numbers of offenders being monitored.” The company ranked itself as third largest by turnover in the US and UK justice services market and first in the Netherlands. The report did not focus on the company’s correctional services operations. Overall, however, its security, cash and other operations span more than 100 countries.   Substantial shareholdings in G4S plc as at 29 March 2006 included: Barclays 3.7%; Legal & General 3.33%; and Prudential 3.2%.

 

In its interim results announcement for January-June 2006, Group 4 Securicor plc noted that “…we have recently won a three year immigration removal centre contract in Scotland and are bidding for justice opportunities in the Middle East along with further immigration and other government projects in the UK.” The company also reported that the market continues to improve in the Netherlands. “We have achieved double digit organic growth in the period with margins slightly down due to the renegotiation of our Justice Services contract in the prior year.”

 

MTC in the UK

 

Management & Training Corporation of Utah set up a base in the UK in 2004 and incorporated a new company, Management & Training Corporation (UK) Ltd. The company’s accounts for the period 8 June to 31 December 2004 and filed in March 2006 reported an operating loss of £0.24 million for the period. The accounts also state that the principal activity of the company throughout the period was “bidding for contracts in the UK to provide rehabilitative educational opportunities in private correctional facilities.” 

 

GEO gets RSI

 

GEO Group (UK) Ltd has acquired British firm Recruitment Solutions International Ltd (RSI) for approximately $2.25 million plus transaction costs. RSI also has a subsidiary, RSI Immigration Services Ltd. RSI provides detainee transportation services to the home office’s nationality and immigration directorate. Geo Group UK Ltd is owned by the Florida-based GEO Group Inc. Geo claims that RSI will generate $3.7 million in annual revenues during 2006.

 

Recruitment Solutions International Ltd was incorporated in the UK in 2002 and, according to filings at Companies House, has not filed full accounts, claiming total exemption. As at 30 June 2006 Recruitment Solutions International Ltd showed net assets of £76,729. In a statement, GEO’s chairman and chief executive officer, George Zoley said: “We are delighted with our acquisition of RSI, for this important transaction will allow GEO UK Ltd to continue its expansion into the delivery of a much wider range of services to government.”

 

On 29 May 2006 GEO UK began managing the 198 bed Campsfield House immigration detention centre in Cambridgeshire, England. The company expects this contract to generate $10 million per annum in revenues.

 

As at 1 January 2006 international operations accounted for approximately 16.1% of GEO Group Inc.’s consolidated revenues, according to the company’s last 10K annual report filed with the Securities and Exchange Commission.

 

■ “Internationally we are waiting for an RFP for a new 700 bed facility in the UK. Also in the UK the home secretary stated there will be an immediate need for 4,000 new beds to public/private partnership initiatives. We believe our new GEO UK subsidiary is well positioned to compete for these 4,000 potential new beds.  In addition we have identified 12 other European countries that are currently at various stages of development and analysis for the introduction of public/private partnership correctional projects.” George Zoley, GEO Group chairman and chief executive officer transcript of second quarter earnings conference call, 11 August 2006, www.sec.gov

 

UNITED STATES

California contracts unconstitutional?

 

The State of California’s two new contracts with Corrections Corporation of America and The GEO Group to hold 2,260 prisoners in prisons located in other states are unconstitutional, according to a Legislative Counsel opinion.

 

The contracts, worth more than $153 million, were signed after Governor Schwarzenegger declared a state of emergency in California’s overcrowded prison system on 4 October 2006. However, a non-partisan legal opinion requested by senate majority leader Gloria Romero found that: “ the state would violate Section 1 of Article VII of the California Constitution by contracting with private entities for security and public safety services traditionally performed by [public employees of] the department of corrections and rehabilitation.”

 

In a statement issued 26 October 2006, Senator Romero said: “This legal opinion confirms what I have long believed: that we should not support prisons for profit. California has a prison overcrowding crisis, and we cannot privatize our way out of it.  This legal opinion brings the responsibility back on us and reaffirms my call for real reforms that reduce overcrowding while ensuring public safety.  If the Governor wants to call a special session of the Legislature, he should focus on breaking the cycle of recidivism with parole reforms and effective rehabilitation programs.”

 

She added: “Public prisons are morally and fiscally accountable to the taxpayers of California.  Private prisons are accountable to their shareholders, with a binding obligation to maximize profits.  If the Governor goes through with these private prison contracts, he risks exposing the state to costly civil lawsuits.  California can’t afford this mistake.  I call on the Governor to do what is ethical and constitutional and withdraw these contracts immediately.”

 

As a result of this opinion the California Correctional Peace Officers Association and Service Employees International Union Local 1000, which both represent public sector prison officers in California, filed a lawsuit to try and prevent the transfer of prisoners to Arizona, Indiana, Oklahoma and Tennessee.

The legal opinion is available from Nicole Winger, Office of the Senate Majority Leader Gloria Romero, Tel: 916 651 4024; Fax: 916 445 0485

 

Damages awarded against GEO Group

 

A Texas jury has awarded $47.5 million in damages to the family of prisoner who was allegedly beaten and killed by two other prisoners in April 2001. The incident occurred at the then Wackenhut Corrections Corporation-run Willacy County State Jail in Raymondsville, Texas. The jury found that the company and the warden 75 per cent and 25 per cent negligent respectively.

 

According to a GEO Group 8K filing with the Securities and Exchange Commission (SEC) in September 2006, “separate investigations conducted internally by GEO and by the Texas Rangers and the Texas Office of the Inspector General exonerated GEO and its employees of any culpability with respect to the incident.” The company intends to appeal. However, any payment due will be met by the company’s insurers and GEO “has not taken any reserves in connection with the matter.”

 

Cornell bought by venture capitalists

 

Houston-based Cornell Companies Inc.  is being acquired by Veritas Capital for $518.6 million which includes the assumption of the company’s $273.6 million debt (see PPRI # 69,64, 63, etc).  Cornell stockholders will receive $18.25 dollars per share although some significant stockholders are opposed to the deal. Cornell operates 78 adult and juvenile correctional and treatment facilities in the US. New York-based Veritas invests in companies that have government contracts particularly in the military, aerospace, security and infrastructure sectors. These include DynCorp International and Integrated Defense Technologies.

 

Kentucky lacks oversight

 

The State of Kentucky’s department of corrections has no consistent independent method of determining whether Corrections Corporation of America (CCA) is meeting its legally required savings of 10 per cent over state provision, according to the state auditor. CCA receives some $18.2 million to operate the Marion and Lee Adjustment Centers and Otter Creek Women’s Prison. Although the corrections commissioner believes that the savings criteria are being met the auditor has recommended an overhaul of the contracting laws to enable strict oversight.

 

APCTO’s ins and outs

 

The Association of Private Correctional & Treatment Organisations (APCTO, ‘the voice of private corrections’, see PPRI # 73, 62, 56, 45, 44, etc) has been dealt a blow by the withdrawal of Corrections Corporation of America (CCA) from the organisation. CCA’s president, John Ferguson, has also withdrawn as president of APCTO. CCA is the largest private prison operator in the US. However, APCTO’s August newsletter reported that Youth Services International (see PPRI #73) and First Correctional Medical renewed their membership. In October APCTO reported that the GEO Group, one of the organisation’s founding members, had re-joined after an earlier resignation and Cornell Companies had renewed its membership.  In September 2006 the US Detention Trustee “travelled to APCTO’s Washington office to spend more than three and a half hours discussing her vision  and the role of public-private correctional partnerships in helping to meet the need for additional detention beds in the US.”

apctoe-news, www.apcto.com

 

SOUTH AFRICA

Companies refuse to negotiate

 

“In our view no real possibility for effecting changes to fee structures as PPP operators indicated reluctance to initiate discussions in this regard.”  This was the bleak statement from The Perekisano-Nmogo Consortium to South Africa’s correctional services portfolio committee on 10 August 2006. The consultants had been hired to advise the government on the possible options to renegotiate the expensive cost of the contracts for the country’s two private prisons run by GSL and The GEO Group (see PPRI # 72/71, 69, 68, 64, 63, 61, etc).

 

With regard to unlocking value for money and improving cash flow for the department of corrections from changes in design and operations the consultants reported that “both contracts contain no indication of sharing any savings.”

 

On 6 June, the committee heard from the department of correctional services that the per capita cost of keeping a prisoner in a private prison in 2005/06 was R257.63 (£19) compared to R119.24 (£8.70) for a prisoner in a public prison. For 2006/07 the comparative costs are R266.83 (£19.50) and R151.77 (£11.10) respectively. As part of the same presentation it was stated that South Africa’s “PPP centres are not delivering better than our newest [public] correctional centres; the risk of core business is not transferred to [the] private sector - DCS is backstop on all risks in core business as seen in the recent events at Kutama Sinthemule” (see PPRI #72/71); and that the “risk of overcrowding cannot be addressed through PPP centres.”

 

On the question of further use of PPPs for new prisons, in his statement to the portfolio committee on 24 October 2006, Mr Ngconde Balfour, minister for correctional services said: “It is our view that the construction of new centres through public private partnerships needs to add value and benefit the department and not the other way round where it solely benefits private partners. It is for this reason that we will be engaging the services of a project manager in this regard to best advise and manage on the best system that will ensure that there is value for money in the construction of new centres.”

 

AUSTRALIA

Victoria’s secret PPP deals

 

“In the absence of public documentation, the committee cannot conclusively state whether the PPP policy is delivering value for money over the life of the projects, compared with traditional procurement methods used by government.”

 

That was one of the main conclusions of a parliamentary cross party committee that tried to assess whether Victoria’s public private partnership projects are providing value for money.  The committee was also concerned “about the excessive use of ‘commercial in confidence’ to prevent full disclosure of details such as the public service comparator, the risks to be transferred, the total amount of payments and contracts that are only released publicly months after the financial close has been agreed.” On publication of a new report on 4 October 2006, Victoria’s public accounts and estimates committee stated that it  “did not have a problem with the concept of private investment in public infrastructure but some changes are needed to improve the transparency of these arrangements.”  The committee made 20 recommendations that, if implemented, would strengthen the present PPP arrangements in Victoria.

Report on Private Investment in Public Infrastructure, Public Accounts and Estimates Committee, Parliament of Victoria, October 2006, www.parliament.vic.gov.au/paec

Thirty pages of the committee’s report that referred critically to specific PPP contracts were removed from an earlier draft before it was tabled in Parliament, according to www.theage.com 30 October 2006. The cost of the inquiry and report was A$196,000.

 

Victoria: one contract extended but…

 

The GEO Group has signed a three year extension to its contract to operate Fulham Correctional Centre in Victoria but there is uncertainty over the future of Victoria’s other private prison, GSL-run Port Phillip (see PPRI # 72/71, 69, 68, 63, 61, 59, etc).

 

GEO Group’s new contract runs from 1 July 2006 to 30 June 2009 and will generate $86 million in revenues. The company has run the prison since it opened in 1997. However, the government has not announced a decision about the future of GSL’s contract.  The CPSU, the union representing staff at Port Phillip, has written to Victoria’s corrections minister indicating concern about the uncertainty over the contract between the government and GSL and to prevent employment security and existing terms of conditions for staff becoming “a bargaining chip in any ‘dutch auction’ between new bidders for the contract.”

 

ACT’s public prison

 

The Australian Capital Territory (ACT) government has awarded Bovis Lend Lease a A$113 million contract to build a 300 bed prison (see PPRI #64, 55, 48, etc). The prison, ACT’s first, has been scaled down from 374 beds and will be publicly run. ACT currently sends its prisoners to prisons in New South Wales.

 

Junee complaints

“Unfortunately there are continuing high numbers of complaints from inmates at Junee Correctional Centre, which is operated by GEO Pty Ltd. We receive significantly more complaints from Junee than any other centre,” said the Ombudsman for the Government of New South Wales in his latest report (see PPRI #72/71. 70,-67, 64, 61, etc).

 

The Ombudsman continued:  “These complaints are about a wide range of issues. Many are about minor matters which indicate that the centre’s internal grievance and complaint-handling procedures are not being well managed. We are also receiving a number of complaints about serious matters such as inmates’ release dates, their security, and their access to legal representation …we will be increasing our visits to this centre this year.” The report includes four case studies of complaints about Junee.

NSW Ombudsman Annual Report 2005-06, published October 2006. http://www.ombo.nsw.gov.au/publication/PDF/annualreport/annual%20report%202006.html

 

ISRAEL

Private management still to be decided

 

The supreme court on 31 August 2006 gave Israel’s government and the Knesset six months to return with a formal statement of their intention to have a new prison at Be’er Sheva privately operated or not (see PPRI #73-64, etc).

 

The court postponed its decision on proceedings brought by the Academic College of Law, Ramat Gan, to have the government’s plan to implement private prison management privatisation declared unconstitutional. The government and the Knesset will have to file supplementary statements as the court wants to await the outcome of further debate within the government and a plan by two Knesset members to introduce a new Bill to prevent privatisation.

 

Construction of the prison is to go ahead.  But whether the prison is eventually run by the private operator or the state will depend on the outcome of the legal proceedings.  If the consortium comprising Anglo-Israel Investments, Minrav Engineering and Emerald Correctional Management is prevented from running the prison the government will compensate for the loss of the operating contract.  In postponing the hearing the court noted that it did not show any position as to the merit of the petition but agreed that the case raised very important constitutional issues.

 

Meanwhile, the opinions of two US academics supporting the petition on the grounds that the constitutional issues have not been resolved in the US (see PPRI # 72/71) have been countered by two other US academics. Opposing arguments were commissioned from Prof. James Blumstein of Vanderbilt School of Law and Robert Cohen of Vanderbilt University by Emerald Correctional Management and financed by the consortium that won the contract. The papers were submitted to the court on behalf of the consortium and are now published on the website of the Association of Private Correctional and Treatment Organisations (APCTO, www.apcto.org).

 

ELECTRONIC MONITORING

England and Wales: insufficient evidence

 

“There is insufficient evidence available to determine whether electronic monitoring helps or reduce re-offending or promote rehabilitation,” a parliamentary committee has concluded.

 

Their report noted: “until recently, the only information the home office had on performance of the contractors was supplied by the contractors themselves. As a result it was unable to carry out any independent monitoring or auditing of contractors’ performance. The home office has since gained real-time access to the contractors’ databases…”

 

The committee also revealed that more than 1,000 serious crimes have been committed by offenders released early from prison on electronic tags monitored by private companies. Offences include one murder, four manslaughters, 56 woundings and more than 700 assaults since home detention curfew was introduced in 1999. 

 

“I welcome the fact that the contractors have bucked their ideas up after the home office made deductions from their fees for failing to meet contractual measurements,” said Edward Leigh MP, chairman of the committee of public accounts in a statement issued 12 October 2006.

 

Electronic monitoring is £70 cheaper per offender per day than prison. The home office originally awarded three contracts and following re-tendering in April 2005 awarded two new contracts to Serco and Group 4 Securicor.

The electronic Monitoring of adult offenders, House of Commons Committee of Public Accounts, published 12 October 2006, www.publications.parliament.uk/pa/cm/cmpubacc.htm

 

Home Detention Curfew – Expensive and Inefficient

The Home Office is planning a five-fold increase in private sector involvement in the supervision of offenders. By 2009, over £250 million worth of probation business could be contracted out. Yet the flagship Home Detention Scheme, the existing major private sector initiative, is expensive, fails to meet service level agreements and the orders are regularly breached”, according to a new report by the National Association of Probation Officers (Napo).

The Home Detention Curfew (HDC) scheme was introduced in January 1999. According to
Napo, “seven years on, there are still serious problems with the equipment and with costs, and persons being released are being returned to custody unnecessarily.”

The report states: “Since 1999, any prisoners serving between three months and four years became eligible for release up to 60 days early providing they agreed to be tagged. Prisoners qualifying for the scheme did not include those convicted of sexual offences or those relating to drugs or violence. The Secretary of State extended the scheme in April 2003 to all those serving four and a half months and less than four years. And in January 2004 he gave the chief executive of the prison service the power to overrule the release of anybody if it was thought this was against the public interest.”

Answers to parliamentary questions revealed information including:

 

* Between 1999 and the end of 2004, 104,893 people were released on HDC. Currently around 20,000 are released per year. The number on the scheme on a daily basis rose from 1,650 in October 2001 to 2,400 by September 2003. It rose to a peak of 3,700 at the end of 2004. It has now fallen, according to a recent parliamentary answer, to 2,804 in July 2006. (Parliamentary answer to David Davis 24-07-06). A further 10,070 offenders were on court imposed curfews.

* The Home Office states that it audits the performance of each of the electronic monitoring companies against 19 service levels each month. A parliamentary answer in March this year found that over the 10 months between April 2005 and January 2006 Group four Securicor had failed to meet one of the service levels 19 times and Serco Ltd had failed 21 times. (Parliamentary answer to Phillip Davies
17-03-06).

 

* The companies were fined £130,000 between April 2005 and February 2006. (Parliamentary answer to Philip Davis 21-03-06)

* In the financial year 2005-06 the value of the contract to Group four Securicor for the North East & North West,
East Midlands, Yorkshire & Humberside, and the South East & South West totalled £36 million; while the value of Serco Ltd’s contract for London & Eastern and West Midlands & Wales amounted to £21.4 million. (Parliamentary answer to Phillip Davis 17-03-06).

Members of
Napo “have complained regularly over the last six months about failings of the system. Complaints mainly included delay in fitting the tag, poor communication between the company, the courts and the Probation Service, violations not being brought back to court, technical failures and the fact that breaches are not routinely monitored.”

Cases were reported in Gloucestershire and Wiltshire, earlier this year, where the tagging restrictions were breached in one case on over 20 occasions and in a second on over 30 occasions, before the individuals were taken back to court. Most of the absences were for about 15 minutes but some were for a hour or more. Among the reasons given for the absences were that a bicycle had broken down, the offender had been caught in the rain, and that the offender was helping out a neighbour with a problem. It seems that some of these excuses were accepted by the tagging company. Other staff, particularly in
London, have reported that, by the time offenders are brought back to court their prison sentences are finished anyway.

Home Office figures have shown a wide variation across the country in the number of offenders breaching their HDC curfews. Almost one in three tagged prisoners in Staffordshire breached against one in four in Gloucestershire and one in seven for Greater Manchester.

Napo also obtained some recent case histories that illustrate problems with electronic tagging:


* An offender in
Yorkshire in July alleged that he was play-fighting with his girlfriend when the tag came off. His mother and girlfriend telephoned probation to say that they had called the private company straight away and that they did come out to replace the tag two days later. That was the last they heard from the company. The offender had been keeping to the conditions of the tag and had no idea his license was going to be revoked until the police arrested him the following weekend. This was despite the fact that the HDC period ended the week before. The individual was thought by probation to be making excellent progress in terms of obtaining housing and seeking employment and posed no risk to the public. He is now appealing against recall.

* A second man in the
East Midlands was breached for failing to be at the required place of the curfew for the last week of the requirement. The offender was adamant that he had been at home all the time and produced telephone bills to prove it. The company thought there had been a serious violation. The offender asked whether the equipment had been checked but the company did not know. Probation then asked the company to check out the equipment, and four weeks later received a call from an employee of the company saying that the equipment had been tested and was in fact faulty in that it had a dead battery.

* Another offender in the
Midlands was called on several occasions by the tagging company saying he appeared to be out of the house when clearly he wasn’t because he answered the phone. The company came out in July to fix the problem and the engineer told the offender the system was telling him he was absent when in fact he was standing next to the engineer. Probation has tried to call the company to sort the situation out but the number rings ‘out’.

*A probation officer in
Nottingham has stated that offenders regularly complained about tagging, particularly that contractors arrived very late at night to fit the devices, that the tag alert company are not there when they say they are, and about not removing tags when orders have finished. One offender was forced to go to a police station four days after the tagging order ended and they cut it off for him.

* Another probation officer in the
Midlands has complained that he is never copied in or informed when somebody gets a warning and that trying to get information out of the company is extremely difficult. “You speak to a different person every time you phone up so you end up explaining yourself a dozen times.” He also says that getting through to the prison to get amendments to the conditions of curfew is very time consuming and that communication between the agencies needs vastly improving.

* An offender in the
Midlands has told probation that routine checks are done every 28 days on his tag without an appointment being made. He has a 12 month old son and often the checks occur after midnight, the family is disturbed and there is no evidence of any violations of the tag.

* A probation officer from Derbyshire has complained that failures of the tag are not followed up by the company, that there is confusion between the tagging firm and probation despite protocols as to who is responsible for breach initiation. Offenders complain that staff have attitude problems and that it is hard to get telephone contact with the firm as the phone is always engaged or they do not answer.

* A probation officer in
Nottingham has complained that consistently the tagging equipment does not seem to work. He believes that faulty equipment stays in circulation when in fact it needs changing. He says it takes two or three phone calls to get problems sorted out. One family he was in touch with recently was up until 4am when a new tagging box, that ran off mobile phone technology, kept causing their wireless handset phone to ring whenever the computer and the box communicated. It took two teams of engineering personnel and three boxes to find one that didn’t cause this problem.

* A Probation officer in Nottingham informed Napo that one of her offenders had breached the curfew but nothing had happened. When probation investigated they found he had fallen out with his partner and moved next door with his mother, but the monitoring company recorded him as present in his flat because it was close enough for the monitoring device to log him as at home. The company confirmed that this was likely to happen in such circumstances. It appears therefore that an offender could comply with the curfew but not actually be in their home.

Financial costs

In 2005 Napo exposed that it was extremely expensive to monitor someone on an electronic tagging scheme. “The individual cost per tagee was £1,700 per person. Based on annual costs this would be about £6,000 per annum compared with £3,500 for supervision by a probation officer. It also appeared that the actual cost to the private company was no more than £600 per case, and that was for cases where a violation call out was made, which is for a minority of orders. The kit costs £700 and is used on average three or four times, the cost of a call out was about £150, the cost of removing the tag was the same. The Home Office therefore appear to be paying three times the amount of the unit cost. Napo understands that in the summer of 2005 contracts were renegotiated and that the profit margin was cut however attempts to find the actual cost have been blocked on the grounds that the information is in commercial confidence. Napo has been told informally however that the new contract has cut the profit margin by about 30%. The scheme is therefore still extremely lucrative for the private companies.”
Home Detention Curfew - Expensive and Inefficient, a briefing from Napo, September 2006, Published October 2006, www.napo.org

 

US probation sale

 

MAXIMUS Inc, a Virginia-based government services contractor, has sold its corrections services business to Providence Service Corporation of Tucson, Arizona, just over three years after acquiring it from BI Inc (BI, see PPRI #67).

 

According to a media release 5 October 2006, Providence paid $3 million in cash “plus the assumption of certain liabilities” for a business that Providence describes as “misdemeanant private probation supervision services” with 109 contracts in Georgia, Tennessee, South Carolina, Florida and the state of Washington and an annual revenue of approximately $8 million.

 

“The acquisition further expands our human services delivery platform and will enable us to introduce probation services in those states where we operate that have privatised probation,” said Fletcher McCusker, chairman and CEO of Providence.

 

In May 2003 MAXIMUS acquired most of electronic monitoring company (see PPRI #67, 46, etc) BI Inc.’s private probation business in a deal described in a BI news release at the time as “clearly a win-win situation for the customers, the employees, Maximus and BI.”  According to MAXIMUS’s 10K annual report for the year ended 30 September 2003 filed with the Securities and Exchange Commission, the company paid BI Inc approximately $10.6 million for a business MAXIMUS then described as “one of the largest providers of community corrections services in the United States and provides services that includes treatment groups and education classes and drug and alcohol testing and monitoring.” The 10K also stated that: “The primary reasons for acquiring the correctional services business was to expand our presence in the correction services market and to strategically complement our current service offerings in the human services area.”

 

Providence began operations in 1997 and provides home and community based social services to government sponsored clients under juvenile justice, corrections, welfare and Medicaid programmes. In May 2006 the company was listed 71st in BusinessWeek’s annual list of top 100 ‘hot growth’ companies. As at 30 June 2006 it had 600 contracts in 33 states and the District of Columbia.

 

Between 1995 and 1996 Fletcher McCusker served as executive vice president of Youth Services International (YSI, see PPRI # 73, 70, 69, 62, 61, 58, 55, 45-42, etc) ) while Providence director Richard Singleton, a retired US army colonel,  was one of the founders of YSI.

 

DMATEK & Elmo-Tech expand

 

Elmo-Tech has won a number of new contracts to supply electronic monitoring equipment to government departments (see PPRI #69 & 67). In October 2006 the corrections and law enforcement subsidiary of Tel Aviv-based DMATEK announced new orders exceeding $1 million for the government of the federal district of Mexico City and the New Zealand police. In August 2006 the company won a three year contract to provide the Swedish prison and probation service with offender monitoring systems as well as two regional contracts for France’s ministry of justice. In France the company supplies systems to eight of the nine regions’ monitoring schemes. In June 2006 the company was awarded a $1.1 million contract to supply its TRACE inmate tracking and officer duress system to the Nevada department of corrections. In May 2006, Elmo-Tech received a $500,000 order to supply equipment for use by Alert Services which provides electronic monitoring services to Belgium’s ministry of justice.

 

G4S buys Strategic Technologies

 

Group 4 Securicor (G4S) has acquired Strategic Technologies Inc, the electronic curfew monitoring division of STI for £1.5 million. The deal also includes the purchase of On Guard Plus Ltd, STI’s international sales arm and Strategic’s electronic monitoring intellectual property portfolio.

 

Vancouver-based Strategic Technologies manufactures and develops electronic monitoring equipment and software and is the main supplier to Sentinel, a major provider of electronic monitoring services in the US. It also provides equipment to the government of France and has contracts in Australia. STI’s subsidiary Tactical Technologies Inc. designs and sells communications,  surveillance and intelligence gathering equipment for the law enforcement and military industries in the US and Canada.

 

Announcing the deal on 20 September 2006, David Taylor Smith of G4S Justice Services Ltd said: “This acquisition consolidates our position as the largest provider of electronic monitoring worldwide … which will augment our existing range of EM technology produced by G4S JSL, our California-based subsidiary. Electronic monitoring is a high priority area and we will continue to look for organic growth opportunities and other strategic acquisitions.”

 

STI’s president Doug Blakeway said: “The electronic monitoring marketplace has been consolidating in recent years and size has become a dominant factor in bidding and obtaining contracts. This transaction will allow Strategic to focus on expanding its profitable law enforcement business and we look forward to developing new products for this marketplace.”

G4S Justice Services is a division of Group 4 Securicor. G4S Justice Services is the largest provider of electronic monitoring services in the world, monitoring 35,000 individuals in the US, Europe and the Middle East.

 

■ On Guard Plus Ltd made a pre-tax loss of £183, 785 on turnover of £275,204 for the financial year ended 30 September 2005. Business in France generated 98% of turnover with 2% from the UK.  During the year the company sold its 100% shareholding in Verquis LLC for $1 million, realising a loss on disposal of £17,641. It also sold the worldwide intellectual property rights to its product Blue-Tag for $1 million realising a profit on disposal of £324,763, coming from a 49% stake in Swedish firm Electronic Monitoring Technologies Svenska A.B.

■ In 2005 Group 4 Securicor bought Chicago-based ADT Offender Monitoring (see PPRI #69).

 

ENDS

Prison Privatisation Report International

Public Services International Research Unit (PSIRU)

Business School, University of Greenwich

Park Row, London SE10 9LS, England

Internet: www.psiru.org/justice

Editor’s email: stephennathan@dsl.pipex.com