Prison Privatisation Report International
No. 69, July 2005
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.
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IN THIS ISSUE UNITED
STATES AUSTRALIA NEW
ZEALAND ISRAEL REPUBLIC
OF IRELAND |
UNITED STATES
Corporate concentration continues
The GEO Group Inc (GEO, see PPRI # 68, 67, etc) is negotiating to acquire rival Correctional Services Corporation (CSC) in a $62 million deal which will combine two of the largest private prison operators in the United States. While GEO also has international operations CSC has so far failed to win a contract outside of the US. In the past the company has bid for contracts in the UK (see PPRI #64, 63, etc)
GEO is using $42 million of its own cash and has arranged a $175 million credit facility underwritten by BNP Paribas. GEO will assume CSC’s debt of $124 million. The deal is expected to be completed by the fourth quarter of 2005.
GEO also plans to divest itself of CSC subsidiary Youth Services International (YSI) which operates 17 facilities for young offenders. CSC bought YSI in 1998 but it has had a chequered history (see PPRI #62, 61, 58, 55, 45-42, 36, 30, 26, 24, etc). GEO hopes to sell YSI either to CSC’s chief executive, James Slattery, or an alternative buyer. Although GEO believes there are positive prospects for the growth of the juvenile business it is deemed to be outside of the company’s core focus. However, the proposed sale of YSI has been criticised. According to PalmBeachPost.com, 15 July 2005, Morgan Stanley Investment Executive Director Richard Glass said: “I don’t feel [that] giving the juvenile business away is in the best interest of shareholders.”
If the deal closes GEO will have 55 facilities with a total design capacity of about 43,500 beds. GEO could immediately benefit from a recent decision by Arizona’s Department of Corrections to contract with CSC to build a 1,000-bed prison in Florence for sex offenders. As an editorial in the Tucson Citizen (www.tucsoncitizen.com)15 July 2005 points out: “But here's the kicker: CSC will charge the state $61 a day to house each inmate. The state could do it for $50 a day in a state facility. The CSC bill works out to an extra $11,000 a day for Arizona taxpayers - and an extra $4.1 million a year. So where is the ‘responsible fiscal management’ of which legislators boasted? CSC explains its higher cost by saying it will have an ‘innovative rehabilitation program’. We'll see.”
According to GEO’s Annual Report for the financial year ended 2 January 2005, GEO was “pursuing acquisition opportunities in 2004 and had capitalised direct and incremental costs related to potential acquisitions. During the fourth quarter of 2004, we determined that the related acquisitions were no longer probable, and wrote off the capitalised deferred acquisition costs of $1.3 million.” The report did not identify the target companies.
Corrections Corporation of America (CCA) is still the largest private prison operator in the US. It has also acquired rival firms, such as US Corrections Corporation in 1998. As well as CCA, GEO and Correctional Services Corporation other firms operating private prisons in the US include Civigenics, which in 1998 bought Capital Corrections Resources (see PPRI #17); Cornell Companies Inc, which in April 2005 acquired Correctional Systems Inc; and Avalon Correctional Services, Maranatha Corrections and Dominion Correctional Services.
Consolidation of EM firms
G4S Justice Services Inc. (formerly Securicor EMS, see PPRI #67, 63, 62 & 60) a subsidiary of Group 4 Securicor has acquired Chicago-based ADT Offender Monitoring. ADT monitors some 17,000 offenders in the US. According to a statement from G4S Justice Services issued 23 June 2005, “the acquisition consolidates Group 4 Securicor’s position as the global leader in offender monitoring services. G4S Justice Services has grown five-fold since its acquisition in 2001 … the larger company will lead the USA electronic monitoring market both in terms of monitoring services and participants monitored.” The company now monitors “over 35,000 offenders a day in the USA, Europe and the Middle East.”
EMS had been providing offender monitoring services in the US since 1996. In 2001 it was acquired by British firm Securicor. In 2004 Securicor was acquired by Group 4.
Cornell falls to Pirate
Pirate Capital LLC, a Connecticut-based
investment firm and hedge fund has gained control of the board of Cornell Companies
Inc. after a year long campaign to secure better returns for investors (see
PPRI # 64, 63, etc).
Houston-based Cornell has correctional facilities in operation or under construction
in 17 states and the District of Columbia. It is also part of a consortium bidding
for a contract in Israel and has expressed interest in the UK market.
AUSTRALIA
Junee monitor’s report
GEO Group Australia “failed to meet all performance obligations with respect to their compliance with the Minimum Standards” at Junee Correctional Centre in 2003-04, according to the latest monitoring report (see PPRI # 68, 67, 64, 61, 57, 55, 52, 46, 41, 40, 38, 35, etc). Concerns noted by the New South Wales Government’s contract monitor included:
It was “not possible to provide
a final report on GEO’s performance for the purposes of payment of the Performance
Linked Fee for 2003-04.” However, the report noted that as a result of performance
failures in 2002-03, the operator was penalised A$46,477, some 15% of the company’s
Performance Linked Fee.
Junee Correctional Centre 2002/04 Performance Report, Appendix 21, New
South Wales Department of Corrective Services Annual Report 2003-04, www.dcs.nsw.gov.au/documents/index.asp
New South Wales Value for Money Inquiry
The Parliamentary Public Accounts Committee’s inquiry into value for money from correctional centres in the state is continuing. One of the inquiry’s terms of reference is to compare the operational costs of the only private prison in the state, the GEO-run Junee Correctional Centre (see PPRI #68, 67, 64, 61, 57, 55, 52, 46, 41, 40, 38, 35, etc), with the publicly run Mid North Coast Correctional Centre (MNCC).
MNCC is a 500 bed remand and reception centre catering for 350 maximum and medium security males, 75 minimum security males and 75 minimum security females. Junee holds 600 medium and 100 minimum security males.
According to the Department of Corrective Services’s submission the costs per minimum security inmate per day are A$82.31 at Junee but only A$80.12 at MNCC. “…a clear comparative based on assessing like inmates of like classification reveals that the Mid North Coast Correctional Centre is A$2.19 per inmate per day cheaper than Junee Correctional Centre to manage.”
Both the GEO Group Australia Pty. Ltd and consultants commissioned by GEO, Knowledge Consulting, submitted papers to the inquiry. However, sections of GEO’s submission have not been published due to commercial confidentiality. GEO stated that Junee operates at a cost of A$22.23 million and argued that, taking account of health costs, “Junee operates at a cost of A$81.86 per inmate per day while the published New South Wales cost is A$187.80.”
Figures provided by the Auditor General stated that “the cost to the Department [of Corrective Services] was A$22.7 million which consisted of a management fee of A$21.5 million payable to GEO Group Australia Pty Ltd and A$1.2 million in other direct and indirect costs.”
The Liquor, Hospitality & Miscellaneous Union (LHMU) represents “the great majority” of employees at Junee Correctional Centre. In its letter to the inquiry the LHMU stated that:
The union also pointed out that custodial staff have not had a wage increase since 30 June 2003 and the LHMU is seeking increases of “between 29% and 36% dependant on classification payable over three years and the introduction of a 38 hour week (currently 40 hours)” and that “the inquiry should be cognisant of a likely increase in wages…” as the LHMU has “sought the question of appropriate remuneration … be determined by the NSW Industrial Relations Commission.” The LHMU also alleged that “the existing operators of Junee … have previously attempted to introduce non-union agreements and individual agreements to replace the existing award of the NSW Industrial Relations Commission. It now appears that employees’ ability to be represented by their union and to effectively bargain on a collective basis will be undermined by proposed Commonwealth legislation. Those restrictions will not apply to publicly-run NSW correctional centres.”
The LHMU concluded: “for reasons of fairness and equity … in order for effective comparisons of the costs of running privately operated v publicly operated centres into the future, it is imperative the NSW government includes as a contractual requirement that any operator of a private correctional centre negotiate industrial instruments with employees and their union on a collective basis.”
Meanwhile, Justice Action, an NGO, argued that “the Committee should look at the recidivism rate as a measure of the efficiency of Department of Corrective Services initiatives rather than short-term financial accounting measures … by any accounting, DCS has failed in its first job: community safety. More than 40% of prisoners return to prison within two years of release, and the reoffending rate is even higher …” Justice Action also argued that “the definition of value for money needs to take account the long term costs associated with high recidivism rates, rather than a superficial comparison of cost-per-prisoner-per day across states, or a comparison of public versus private providers.” The submissions are available on the internet at: www.parliament.nsw.gov.au
Victoria - contract information confidential
The following are extracts of an
exchange that took place during Victoria’s Public Accounts and Estimates Committee
(PAEC) meeting on 13 May 2005. It relates to the Committee’s recent attempts
to find out the costs of the two existing privately financed, designed, built
and run prisons (see PPRI #32, 30, 25, 23 & 13).
Mr Forwood (Liberal opposition) - …in 2002-03, from memory,
this committee sought some information in relation to the cost of private prisons.
We followed it up each year. Last year we were advised that disclosure ‘is now
under active consideration and you will be notified.’ In September 2004 we were
told that ‘legal advice had been finalised. In December 2004 we were told that
‘a decision is expected shortly’ and advice would be forwarded to the committee
‘by the end of January’. In April we had a key finding saying ‘it is now 10
months and the committee considers this matter should be resolved and the information
provided.’ Here we are, in May 2005 - any idea where the information is and
when we are likely to get it?
Mr T Holding (Minister for Corrections) - “Additional advice was sought from Maddocks lawyers, the Department of Treasury and Finance … and Ernst and Young regarding the legal, financial and probity implications of the PAEC’s recommendations.
In seeking the release of this financial information, the PAEC may have been unaware triennial reviews of the PSAs take place. These reviews entitle me to reset the contractors’ performance targets and allow them to re-bid for the correctional and health services. If I reject their re-bid, I can seek a full market tender the outcome of which must ensure value for money is achieved for the state. The second triennial service review has commenced and it is considered likely the contractors will re-bid by providing Corrections Victoria with a dollar figure and all relevant financial information related to this calculation for the correctional and health services. Advice from Maddocks lawyers confirmed the commercial-in-confidence exemption contained in the Freedom of Information Act … supported by the Department of Justice’s position that any release of the financial and related information may disadvantage the state and potentially unreasonably expose the current contractor to disadvantage.” Let us make this absolutely clear.
Mr Forwood - You are hiding!
Mr Holding - This advice says to government firstly, that we are fully within our rights to assert our responsibilities under the Freedom of Information Act not to release these contracts; secondly, that it would be inappropriate both in terms of maximising value for money and the best possible outcome for the Victorian public were these private financial considerations and bids to be made public during a competitive bidding and evaluation process. What this advice makes very clear is that this decision is based not only on protecting the interests of Victorian taxpayers who have every right to …
Mr B Forwood -
Rubbish!
Source: Corrected Transcript, Public Accounts and Estimates Committee,
Inquiry into Budget Estimates 2005-06, Melbourne, 13 May 2005.
South Australia’s PPP
The Government of South Australia is proceeding with a A$45 million public private partnership to develop new police stations and courts. The Plenary Group will finance the project and the debt will be underwritten by Deutsche Bank. Hansen Yuncken is the construction firm.
NEW ZEALAND
GEO’s contract ends
The management of Auckland Central Remand Prison, New Zealand’s only privately managed prison, was taken over by the Department of Corrections on 12 July 2005 (see PPRI # 67, 63, 62, 54, 51, 46, 38, 34, etc).
The Corrections Act 2004 prevents private prison management in New Zealand. However, if they win the next general election, opposition parties have pledged to reverse the policy.
In a company press release, 12 July 2005, GEO’s managing director in New Zealand, Mr Peter Bezuidenhout, said: “If the opportunity arises in the future the GEO Group would be delighted to again play a role in New Zealand’s correction facilities system.”
The Public Service Association welcomed
the prison’s transfer. In a statement issued 13 July 2005, PSA National Secretary
Brenda Pilott said: “Imprisoning people for the crimes they have committed is
a core role of the state and it should never be hived off to a private operator
for profit. The ACRP experiment proved that the exercise was a simple cost-cutting
exercise … it employed fewer officers per inmate and paid them less than staff
employed by Corrections at all the other prisons across the country.”
ISRAEL
MTC now in the frame
US firm Management & Training Corporation (MTC, see PPRI #64, 58, 55, 51, 50 etc) has been added to the consortium comprising GEPSA of France, Housing & Construction Holding Company, and Dankner Investments which is bidding for a PFI prison contract in Israel (see PPRI # 68, 67, 64-62, 60, 59, 56, 52, etc)
MTC was brought in due to their expertise in operating prisons in the US, Australia and Canada. GEPSA only provides non-custodial services to the prisons it is involved with in France. The contract on offer is for the finance, design, construction and operation of all services. The Government has set a deadline of 9 August 2005 for receiving bids for the contract. A Government spokesperson told PPRI that none of the bidders has withdrawn as a result of pending legal proceedings to halt the tendering process.
Meanwhile, in separate proceedings,
human rights group ACRI has won the disclosure of some prison tender documents
previously deemed confidential by the government. Although not all documents
sought by ACRI are to be made available under Freedom of Information legislation,
the attorney general has taken a broader view than the prison service. The Supreme
Court ruled on 14 July 2005 that ACRI should receive documents by 1 August in
return for an agreement from its lawyers to withdraw an application to have
the bidding deadline postponed.
REPUBLIC
OF IRELAND
NGO calls for evidence
Although private prisons are already on the Government’s agenda, in his Third Annual Report (2004/05) the Republic of Ireland’s inspector of prisons and places of detention, Mr Dermot Kinlen, has recommended that the Government should “open at least one prison to private companies,” (see PPRI #68, 67 & 60-58).
In response, the Irish Penal Reform
Trust has produced a report arguing that the inspector does not have a mandate
to make such a policy recommendation and, in any case, his view “misrepresents
the research on the outcomes of prison privatisation.”
Inspecting Private Prisons, An evidence-based critique of the Inspector
of Prisons and Places of Detention’s call to introduce private prisons in Ireland,
Irish Penal Reform Trust, July 2005. Available soon from www.iprt.ie
UNITED KINGDOM
GSL’s mixed inspection reports
1. Wolds issues need addressing
“Overall, Wolds is a reasonably well performing training prison on all but one of our indicators. Three key issues need to be addressed in order for it to perform well across those tests,” stated the chief inspector of prisons, Anne Owers. She made 114 recommendations for improvements and noted 16 examples of good practice following an announced inspection of GSL UK Ltd - run Wolds prison between 15 and 19 November 2004. The report was not published until June 2005 (see PPRI #45, 35, 10, 7 & 5).
The prison opened in 1992 as a remand centre and was the first privately managed prison in the UK. It was re-roled in 1993 as a local category B training prison and to category C in 2003. This was the first full inspection since 1998.
The chief inspector commented that “the growing distance between private and public sector prisons was a distinct disadvantage, which would become greater.” The inspections team’s findings also included:
Report on a full announced inspection of HMP Wolds 15-19 November 2004, HM Inspector of Prisons. www.homeoffice.gov.uk/justice/prisons/inspprisons
2. Altcourse “very good local prison … some areas that needed attention.”
Altcourse is “a very good local prison” according to the chief inspector of prisons who carried out an announced inspection in February 2005. Her report found that Altcourse was “also largely a safe prison, even though prisoners were out of their cells for a considerable amount of time, with low staffing levels.” The environment and the quality of staff-prisoner interaction were “extremely good” and the prison provided high quality resettlement services that identified and tried to meet prisoners’ needs (see PPRI #36, 35, 30, 29 & 18).
However, there were “some areas that needed attention.” There were “relatively high claims of victimisation by prisoners on prisoners, reflected in relatively high assault levels within the prison; suggesting a need to develop preventative as well as responsive anti-bullying measures. First night procedures needed to be strengthened; there should be more opportunity to acquire vocational qualifications; and the prison needed to pay more attention to establishing good links with agencies outside – particularly in healthcare and resettlement. There were also weaknesses in policies and procedures on race and foreign nationals.”
Altcourse, is a privately financed, designed and built prison on Merseyside, North West England. It opened in 1997 as a Category A core local prison and was restructured to Category B in June 2003. It holds remand young adult and adult prisoners as well as sentenced adult prisoners. It is run by GSL.
The chief inspector noted 13 examples of good practice and suggested 98 recommendations and housekeeping points to the prison’s director and the chief executive of the National Offender Management Service.
Ms Owers also stated: “This report, like good inspection reports generally, is likely to get little publicity. That is unfortunate, not only for the managers and staff at Altcourse, but for the prison system in general. Altcourse’s holistic and dynamic approach to prison management needs to be sustained. Moreover, it offers a model from which all prisons could learn a great deal.” However, some of her concerns included:
Report on an announced inspection of HMP Altcourse 7–11 February 2005 by HM Chief Inspector of Prisons, April 2005, published July 2005. www.homeoffice.gov.uk/justice/prisons/inspprisons
CZECH REPUBLIC
Moravia a likely site?
The prison service is continuing a feasibility study into the development of some form of private prison (see PPRI #67). A report was due to be presented to the government in March but this was delayed by the director’s resignation. CTK National News Wire, 18 May 2005, reported that, according to “several sources” a private prison is to be established in Moravia since many citizens convicted in Moravia have to serve their sentences in Czech prisons. However, several regions have expressed an interest in having a new prison.
FRANCE
PPP programme on schedule
Negotiations with bidders for the first contract for the finance, design, construction and facility management of four medium-security prisons should be completed by the end of this year (see PPRI #67, 52, 44, 25 & 11). The second tendering process for a cluster of three prisons was launched in March. For both of these contracts private provision will include facility management, cleaning and utility supply. Also at the end of 2005 the Ministry of Justice will launch the third tender with the possibility of a broader range of services offered to the private sector. The possibility of a full PFI prison being commissioned is regarded as remote for the foreseeable future.
SOUTH AFRICA
Prison operators’ revenues
Global Solutions Ltd’s revenues from its prison contract in South Africa were £14.6 million for the financial year ended 31 December 2004 compared to £14.1 million in 2003 (see PPRI # 68, 64, 63, 61, 58, 56, 54, 52, 51, etc) The company’s pre-tax profit before goodwill amortisation was £3.1 million (£3.3 million in 2003), according to Global Solutions Ltd’s recently filed Annual Report and Financial Statements.
GEO’s revenues from its South African
operations were $15.05 million and its operating income was $3.7 million for
the financial year ended 2 January 2005, according to the company’s 10K
report filed with the Securities & Exchange Commission. Meanwhile, the GEO
Group Inc. Annual Report 2004 noted that the company regards itself
as being “in a remarkable position to strengthen its partnership with South
Africa’s department of correctional services as solicitations for new prisons
materialise.”
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
Email: ppri@dsl.pipex.com