Prison Privatisation Report International

No. 57, Aug/Sept 2003

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

 

UNITED STATES AUSTRALIA
ITALY UNITED KINGDOM
HUNGARY ZAMBIA
JAPAN RECENT PUBLICATIONS

 

 

UNITED STATES

Tennessee audit critical of state and CCA

 

Despite “numerous instances of non-compliance” with contracts at Corrections Corporation of America (CCA)-run facilities in Tennessee, the department of corrections “failed to assess liquidated damages against CCA” a state audit has found.

 

            In an audit by the comptroller of the treasury, the largest private prison operator in the US failed to comply with provisions dealing with the number of staff on duty, staff training and qualifications, and medical treatment provided to prisoners. The audit covered 1997-2002

 

            The auditors stated: “By allowing the contractor to fail to comply with agreed-upon terms without negative consequences, the department [of corrections] has not ensured that the state is getting the level of service it has paid for and that the citizens of the state, including the inmates and facility employees, are receiving the level and types of services deemed necessary by the state.” Although the auditors said that the department should have assessed liquidated damages against CCA they do not stipulate a figure.

 

            CCA operates the South Central Correctional Facility and Hardeman County Correctional Facility. At South Central, the auditors found CCA was slow in filling vacancies. When it did, the company hired some employees without the required amount of experience. The company also used licensed professional nurses for shifts that required registered nurses.

 

            At Hardeman County CCA had “employees ranging from correctional officers to food service workers who have not received the required number of training hours, ” the auditors stated. Other staffing problems at Hardeman County included: “not having job descriptions, hiring staff not meeting job qualifications and not following established staffing patterns for its operations.” CCA also violated its contract by not buying uniforms from Tricor, the state’s prison industry programme.

 

            The auditors recommended that “before the contracts are renewed, department [of corrections] management should review the contracts to identify areas that need to be strengthened or clarified to ensure that the contractor maintains sufficient, qualified staff at all times.” They also found cause for concern with state oversight and performance of other contractors. Performance Audit, Department of Correction, September 2003, Comptroller of the Treasury, State of Tennessee.  www.comptroller.state.tn.us/sa/reports/pa02018.pdf

 

Florida constitution campaign

 

The Florida Police Benevolent Association (FPBA) has launched a campaign to amend Florida’s constitution so that state penitentiaries, county jails, juvenile facilities and probation services cannot be run by private companies.

 

            The FPBA represents around 30,000 public sector corrections, police and probation officers. The state already provides substantial business for Corrections Corporation of America (CCA) and Wackenhut Corrections Corporation with the latter earning 14 % of its 2002 revenues in Florida. The FPBA’s campaign is timed to coincide with the renewal of the companies’ existing contracts and to counter the influence of industry lobbyists.

 

            Damon Smith, a lobbyist for Wackenhut, called the FPBA’s amendment “short sighted”, arguing that the union’s reason for opposing privatisation is that private prisons aren’t unionised. However, Ken Kopczynski of the FPBA says that it is the government’s role to rehabilitate prisoners and that privatisation “abdicates that responsibility by giving it to a for-profit corporation that profits off the mistakes of human beings.” In 2002 three companies, CCA, Wackenhut and Cornell donated more than $274,000 to Florida candidates and political parties.

 

CAPP campaigns

 

Citizens Against Private Prisons (CAPP) continues to help resist private prison proposals in a number of US states. CAPP cites recent involvement with campaigns in Alaska, Arizona, Colorado, Montana, Nebraska, Texas and Hawaii.

For more details see: www.flpba.org/private/index_private.html

 

ITALY

22 prisons: 11 semi-private?

 

In Italy the government is planning to build 22 new prisons. The first 11 will be financed, procured and operated in the traditional way. However, for the second tranche of 11 the government is considering the semi-private model, using private finance and construction as well as contracting out non-custodial services.

 

            A government spokesperson told PPRI that he “didn’t know when the feasibility study would finish.” Italy’s 215 prisons are around 36% over capacity while some are former monasteries and convents and unfit for current purposes. The government is also considering legislation to reduce the prisoner population by 10%.


HUNGARY

Seeking approval for PPP prison

 

Hungary’s justice ministry is planning a privately financed and constructed 700 bed prison in which non-custodial services will be contracted out. The project is expected to cost Euros 39 million. The government’s Economic Committee has yet to approve the plan.

 

JAPAN

Private partnership prison planned

 

The government of Japan is extending its use of private finance for new infrastructure to a new 1,000 bed prison for men and women (see PPRI #9). A government spokesperson told PPRI that the new prison will be for first time offenders and that custodial services will not be contracted out. He said “the recession, budget cuts and increasing crime” are all contributing to the rising prisoner population that is expected to reach 80,000 by 2005.  Construction on the new prison is also expected to start in 2005. At the end of April 2003 Japan had 70,844 prisoners. Capacity in its prisons was 66,988.

 

AUSTRALIA

Government cover up protects ACM

 

Throughout various inquiries and investigations, the Australian government kept secret the extent of Australasian Correctional Management’s (ACM) problems in running immigration detention centres (see PPRI # 56, 55, 52, 51, 49, 46-44 & 42-36).

 

            As a result of a lengthy freedom of information (FOI) application Business Review Weekly (BRW) 25 September 2003, obtained sections of a 66 page report commissioned by the department of immigration, multicultural and indigenous affairs (DIMIA), under its former minister, Philip Ruddock. The report, by the  Knowledge Enterprises consultancy, was commissioned by DIMIA on 18 October 2000.

 

            The report contains eight recommendations, regarded by the authors as “critical to the ongoing effectiveness and efficiency of the functioning of the detention facilities.” These recommendations and findings against ACM’s operations have remained confidential and DIMIA has never gone public about problems in its relationship with ACM.

 

            The report also reveals the seriousness of the problems at detention centres under ACM’s management at the time, warning of the risk of injuries to staff and detainees if practices were not improved. It adds to continuing revelations about ACM’s poor performance under a contract that ran from February 1998 and is due to end.

 

            In a covering letter to the then first assistant secretary of DIMIA, Philippa Godwin, dated 23 February 2001, the report’s authors warned: “The importance of early commencement on implementation of the recommendations cannot be over-stressed. Should another serious incident occur while the issues covered by the recommendations remain unresolved, the safety of detainees and staff may be at risk and the Department may face serious embarrassment.”

 

            According to BRW, access to the body of the report, requested under the Freedom of Information Act, was denied by DIMIA on the grounds that its release would adversely affect DIMIA’s operations of detention centres.

 

            Knowledge Enterprises’ terms of reference were to: 

 

*Review the circumstances leading to the breakout of 848 detainees from Woomera, Port Hedland and Curtin detention centres in June 2000.

 

*Review the circumstances leading to a riot at Woomera in August 2000, which resulted in six buildings being destroyed and 30 ACM staff being injured.

 

* Critically assess ACM’s performance in management of those incidents and determine whether action was warranted under the contract.

 

            The report critically assesses ACM’s performance in the management of the incidents, makes recommendations for the future management of critical incidents and recommends improvements in security practices and operations. 

 

            BRW notes that on 30 May 2001, three months after the report was sent to the department, DIMIA secretary Bill Farmer told a parliamentary committee that DIMIA had not completed its assessment of the incidents. The Labor senator Jim McKiernan, who has since retired, asked: “Could the committee be supplied with a copy of the assessment of the events in Woomera in August of last year [2000]?”  Mr Farmer replied: “I will take that on notice. We do not have the report. I do not know the details. I am not sure what conclusions are in there.”

 

            DIMIA refuses to disclose what, if any, action was taken by the department in response to the eight recommendations in the report. Mr Farmer would not speak to BRW. A spokesperson said that: “The department does not wish to comment on the actions it took in respect of the recommendations.”

The default notice

            BRW also discovered under the Freedom of Information Act that the DIMIA issued ACM with a default notice between 1 March 2001 and 5 September 2002. However, neither the contents nor the date of the notice have been disclosed. A letter on 5 September 2003 from DIMIA’s secretary of unauthorised arrivals and detention services, Mr Jim Williams, to BRW states:

 

             “I have taken into account ACM’s written objections to release of the document based on its belief that information in this document could be used adversely by another competitor to diminish ACM’s business reputation in order to gain an unfair business advantage.

 

            “It also believes that disclosure of the document by itself, and without further explanation, could adversely impact on its business reputation generally as it believes that disclosure would potentially mislead its customers (past and present) and the public as to its ability to adequately perform its contractual obligations thereby diminishing its potential to successfully compete in this industry.

 

            “As ACM is still an ongoing business enterprise, I believe its objections are still currently relevant. I do not believe that these objections are diminished by the fact that the document you are seeking is now over a year old or by the fact that ACM will no longer provide detention services at government facilities.”

ACM loses out to Group 4

            In May 2001 after a series of problems at the ACM-run centres the DIMIA decided to re-tender the contract on the basis of “value for money”. In December 2002, the minister announced that negotiations had begun with ACM’s then owner, Group 4, to take over. A new contract to run five immigration detention centres was signed in August 2003. Group 4 will start in October.

 

Report on Acacia’s vulnerable and predatory prisoners

 

A review of protection prisoners at AIMS Corporation-run Acacia prison was carried out in April 2002 by the inspector of custodial services for Western Australia. At the time of the inspection Acacia held 640 prisoners of whom 21% were protection prisoners, the highest percentage of prisoners in protection in Western Australia’s  prison system. AIMS Corporation is owned by Sodexho (see PPRI # 55, 52, 48, 37, 36, 34, 32, 30, 28 & 26).

 

            When the contract was awarded it was not intended that such prisoners should be sent there. However, as the inspector noted, “that arrangement quickly changed.”

 

            The inspector found that, although prisoners’ files were “up to date and contained well ordered material” there was  “ ... little evidence of staff patrolling inside the living accommodation on a regular basis ... some prisoners did not venture outside their units, for although this area is under surveillance by CCTV cameras, there are still numerous blind spots and thus opportunities for stand-overs and bullying, ie, by other protection prisoners.” The inspector also noted:

 

* Staff should not rely solely on modern technology at the expense of personal interaction. Case management officers were generally found inside the control room or inside one of the offices interviewing prisoners. Although they were occupied with other important responsibilities, patrolling of the unit was at best spasmodic or at worse rare. The officers would not generally enter any of the accommodation blocks on their own, because of perceived safety issues...”

 

* Whilst officers were not seen patrolling, the survey results show a different picture - over 70% of the staff respondents stated that ‘staff worked directly with the prisoners on the wing.’

 

*Although there appeared to be a “reasonably healthy relationship between staff and prisoners” there was no prison-wide [anti-bullying] strategy in force. “Prisoners in Block K said that bullying, assaults and stand-overs were rife in mainstream.”

 

* Acacia has “not operated an effective anti-bullying strategy, even though the contract is explicit that prisoner safety is one of its main requirements. On balance, however, it can be said that prisoners do not feel positively unsafe.”

 

* The healthy prison test for staff working in Block K shows that “case management officers are stretched, sometimes to their limits, and certainly have high expectations made of them within their work environment. With only two case management officers working inside the unit and up to 124 protection prisoners, they face acute pressure both administratively and practically.”

 

* prisoners in Block F “do not fare as well as prisoners in Block K. The block has no yard and prisoners do not receive proper and regular access to the outside of the unit.”

 

            Overall, the inspector found that “Acacia measures up reasonably well ... if accreditation were an issue then ... it would pass the test. However, the arrangements seem rather fragile in that they are unsupported by formal arrangements and not fortified by adequate training. Staff and prisoners could lose the good rapport that has been established if those areas are not addressed effectively.”

Footnote - K Block deteriorates

            In a footnote to the report on Acacia, the inspector stated: “Acacia prison was the subject of a full inspection by the Office of the Inspector of Custodial Services in March 2003. The position with regard to protection prisoners had deteriorated in that there was now clear evidence of intimidation within K Block, ie, by protection prisoners upon other protection prisoners. There was insufficient interaction between staff and prisoners to prevent this occurring. The situation had also deteriorated with regard to the availability of work. The previously identified weaknesses, with regard to case management and record keeping, had not improved. An evaluation as at March 2003 instead of March 2002 would conclude that the conditions were not satisfactory. The earlier comment that the arrangements were fragile unfortunately was prescient. A full report of this inspection will be tabled in Parliament in October 2003.”

Vulnerable and Predatory Prisoners in Western Australia: A Review of Policy and Practice, Office of the Inspector of Custodial Services, Western Australia, May 2003. www.custodialinspector.wa.gov.au

 

AIMS transport contract ends

 

AIMS Corporation’s contract to operate prisoner transportation services for the government of Victoria ended on 1 July 2003. The contract was awarded to Corrections Corporation of Australia (CC Australia) in 1994. CC Australia became known as AIMS after Sodexho bought out Corrections Corporation of America’s 50% stake in CC Australia.

 

Fulham staff win wage rises

 

Prison officers at ACM - run Fulham Correctional Centre at Sale, Victoria, have accepted a 10.35% wage increase bringing them more into line with their public sector counterparts (see PPRI # 51- 48, 32, etc). The agreement included: 3.8% increase paid on 2 February 2003 back paid as a lump sum (calculated on substantive salary back to 1 July 2002); 4% increase to substantive salary from the first pay period following 1 July 2003; a further 4% increase to substantive salary from the first pay period following 1 July 2004; and an extension of the existing enterprise bargaining agreement by eight months to March 2005.

 

                David Carey of the Community & Public Sector Union said the win was the result of a long running case in the Australian Industrial Relations Commission. “If the CPSU hadn’t taken this action they [Fulham staff] would have fallen further behind and it would have been almost impossible to catch up.”

* A prisoner at Fulham was stabbed four times by another prisoner on 22 July 2003 according to ACM’s public relations firm Clifton Consulting Services Pty Ltd.

 

Port Phillip guards stop work

 

Prisoners at Group 4's Port Phillip Prison in Melbourne were locked down briefly on 2 September 2003 after staff held a stop-work meeting to discuss pay bargaining with the company. The Community and Public Sector union (CPSU) which represents staff is asking for a 12 % pay increase. The company has offered between three and four per cent (see PPRI # 56, 51-49, 45, 42, 37-34, etc)

 

            Meanwhile, two prison guards employed by Group 4 at Port Phillip are awaiting trial for allegedly selling ecstasy and amphetamines in nightclubs. Mr Martin Warry and his partner Kara Boyd have been charged with trafficking and possessing ecstasy and amphetamines. Both are on bail.

 

Victoria tenders for electronic monitoring

 

Victoria’s home detention programme is due to start in January 2004 and the government has issued requests for tenders for a three year contract.  The contractor will supply an “end to end solution” comprising all hardware, software and related services, including installation training, support and maintenance.

 

Strike at ACM-run Junee

 

Within months of government celebrations commemorating ten years of private management at Junee Correctional Centre, prison guards were on strike (see PPRI #55, 52, 46, 41, etc). Some 110 staff represented by the Liquor, Hospitality and Miscellaneous Workers Union took action in September in protest at an attempt by Australasian Correctional Management (ACM) to impose a non-union pay structure. In June, New South Wales’ minister for justice attended a ceremony at the prison where 48 Junee staff received recognition for ten years of service.

 

UNITED KINGDOM

Wackenhut didn’t respond

 

When Premier Custodial Group was still under Wackenhut Corrections and Serco’s joint ownership and operation, Ashfield prison in south west England was described by the former director general of the prison service as “the worst” prison in England and Wales and the chief inspector of prisons said it was “the most disappointing” she had visited (see PPRI # 53 & 47).

 

            At a hearing of the Parliamentary Committee of Public Accounts on 30 June 2003, Martin Narey, Correctional Services Commissioner, said: “I thought with particular instance of Ashfield, which caused me so much anxiety, that if we had not been able to make very severe financial penalties, the other part of the Premier partnership - because until Wednesday Premier is part owned by Serco ... and part by Wackenhut - I do not think we would have got the other part of that partnership to respond seriously. I did find with Wackenhut that it was very important to make very significant financial reductions and take away places before I felt I was getting them to take the nature of Ashfield’s inadequacies seriously.”

UK Parliament, Oral evidence to the Committee of Public Accounts, 30 June 2003, www.publications.parliament.uk/pa/cm200203/cmselect/ccmpububacc/uc

 

Wackenhut Corrections back to the UK?

 

Wackenhut Corrections Corporation (WCC) - owned by Group 4 Falck for the last year but now a completely separate company again (see PPRI # 56, 55, 50, 49, 47 & 44) - completed the sale of its 50 per cent interest in Premier Custodial Group Ltd to Serco for £48.6 million in July 2003. Although WCC’s UK operations were sold the company still operates in Australia, South Africa, Canada and New Zealand.

 

            However, WCC could be re-entering the UK correctional services market. Stock analyst Jim Macdonald of Chicago based First Analysis Securities told the Palm Beach Post 24 August 2003 that: “They plan to acquire something. We know they want to go back to the UK.” But under the terms of the deal with Group 4 the company will have to drop the Wackenhut name and come up with something new within a year.

 

ZAMBIA

Riddle over mystery investor

 

Writing in The Post, Lusaka, 11 June 2003, Owen Sichone said: “Prisons are overcrowded yet no one dares think that prisoners could make the bricks and build the new prisons themselves. Oh no, we need a foreign investor to think such thoughts.” Who could that foreign investor be?

 

RECENT PUBLICATIONS

Overview of Policy Developments in South African Correctional Services 1994-2002, Prof. Julia Sloth-Neilsen, Civil Society Prison Reform Initiative Research Paper Series No.1, July 2003, www.nicro.org.za

Includes a chapter on South Africa’s private prison programme. “Prisons privatisation is an emotive and controversial matter, both here and abroad. Because the contracts were negotiated and concluded in an atmosphere of secrecy, suspicions about the rectitude of the process linger. This is a matter on which proper public debate should take place. It is one that should be at the forefront of civil society advocacy and debate.”

 

Private Versus Public Juvenile Correctional Facilities: Do Differences in Environmental Quality Exist? By Gaylene Styve Armstrong and Doris Layton MacKenzie, Crime & Delinquency, Oct. 2003, Vol. 49, No.4, Sage Publications, Thousand Oaks, London, New Delhi.

“We must remain apprehensive about economic viability due to cost-savings measures that may be employed by private correctional facilities until further studies are completed.”

 

Problems in Creating Boundaryless Treatment Regimens in Secure Correctional Environments: Private Sector-Public Agency Infrastructure Compatability, Ernest L. Cowles and Laura Dorman, The Prison Journal, Vol. 83, No. 3, September 2003, Sage Publications.

“The results of this project reinforced our belief that the initiation of partial mission privatisation, particularly as it relates to the provision of treatment services in the form of a therapeutic community, is dubious at best.”

 

Comparing the Quality of Confinement and Cost Effectiveness of Public Versus Private Prisons: What We Know, Why We Do Not Know More, and Where To Go From Here, Dina Perrone, Travis C. Pratt, The Prison Journal, Vol. 83, No. 3, September 2003, Sage Publications.

“...how should correctional policy makers determine which side is right when both advocates and opponents of prison privatisation claim that the weight of the empirical evidence is on their side? Accordingly, based on the present review, the volume of methodological inconsistencies across studies indicates that the confusion surrounding the demonstrated advantages and disadvantages of prison privatisation is warranted. To advance this portion of the debate to the point where evidence based correctional policy making can actually take place, certain changes in the way scholars go about studying these issues would be helpful.”

 

Private prisons: A European Perspective, S. Nathan, Justice Review International, Issue 2, August 2003, Hove House Publishing Ltd, UK. Publisher Andrew Stell: Email: andrew@justicereview.co.uk

This article provides an overview of recent developments in Europe.

 

Southern Africa Human Rights Review, Issue 11, May 2003, Afronet, www afronet.org.za

Includes articles on: Prison Privatisation: the International Experience and Implications for Africa; the African Commission and Penal Reform; and The Impact of Globalisation on the Protection and Promotion of Women’s Rights in Zambia.

 

National Audit Office, “The Operational Performance of PFI Prisons”, Report by the Comptroller and Auditor General, HC 700, Session 2002-3: 18 June 2003. www.nao.gov.uk

“The experience of the prison sector shows that the use of the PFI is neither a guarantee of success nor the cause of inevitable failure. Like other methods of providing public services, there are successes and failures and they cannot be ascribed to a single factor. PFI has brought some results which are encouraging and some which are disappointing. But what is clear is that competition has helped to drive up standards and improve efficiency across the prison system as a whole.” The National Audit Office (NAO) report found:

* the performance of PFI prisons against contract has been mixed;

* PFI prisons span the range of prison performance;

* the private sector has brought benefits to the prison service.

 

            The report also raised concerns about controllers, low staffing levels, lack of safety, performance against unsuitable contracts and the failure of the prison service to maintain a clear audit trail of performance penalties. PFI prisons tend to perform much better than public prisons in areas related to decency and the activities of prisoners but less well in areas such as safety and security.” The PFI prisons were part of a study of just 21 prisons in England and Wales - not the whole prison estate.

 

Competition: a catalyst for change in the prison service, CBI, July 2003. Price £25 for CBI members, £50 non-members. www.cbi.org.uk

The Confederation of British Industry (CBI, ‘The Voice of Business’) in a publication to coincide with the release of National Audit Office report, calls on the UK government to “assist the custodial services sector in establishing domestic policy settings favourable to the export of these services.” The CBI claims not to defend the privately managed prisons on the basis that they are superior to the public sector, but chooses instead to state the case on the grounds of competition versus monopoly.

 

            The CBI acknowledges that the author is the executive director of the Serco Institute but not that the Institute is, according to its website,  “an arms length virtual organisation that carries out research on behalf of Serco” or that from 1992 Serco was the joint owner, along with Wackenhut Corrections Corporation, of Premier Prisons and that in July 2003, Serco became the sole owner of Premier, the largest prisons and correctional services contractor in the UK.

 

Update on Educational provision, Dungavel Immigration Removal Centre, South Lanarkshire, HM Inspectorate of Education, August 2003.

The Inspectorate of Education inspected Premier-run Dungavel in July 2003 and concluded that, despite some improvements,  “... the centre did not offer satisfactory educational provision for children detained for prolonged periods, certainly to those who were detained for more than six weeks … the detained children’s personal, social and learning experiences were impoverished by their lack of contact with the outside world and very restricted social interaction.”

 

American Friends Service Committee RAP Sheets on Management & Training Corporation, Cornell Companies Inc and Correctional Services Corporation and Facts & Questions about the Proposed Women’s ‘Super Prison’.  www.afsc.org/az

Information on the three US prison corporations vying for a contract to operate a private ‘super prison’ for women in Arizona and arguments against building such a prison.

 

ENDS

 

Prison Privatisation Report International

Public Services International Research Unit (PSIRU)

School of Computing and Mathematical Sciences

University of Greenwich

30 Park Row, London SE10 9LS, England

Internet:www.psiru.org/justice

Email: Stephen Nathan, stephennathan@compuserve.com