No. 29 April/May 1999 ISSN 1363-9552
Published in London by the Prison Reform Trust
ON OTHER PAGES
US: asylum seekers allege CCA abuse
Asylum seekers held at Corrections Corporation of America’s immigration
detention centre at Elizabeth, New Jersey are alleging that staff violated
their civil rights.
On 28 January 1999, Salah Dafali was beaten so badly that he required
hospital treatment. Oluwole Aboyade alleges systematic abuse since taking part
in a peaceful hunger strike last year. CCA’s Special Operations Response Team,
SORT, is alleged to have been involved in at least one incident.
“They are some of the most serious allegations of abuse we have received
about a detention centre,” said Andrew Painter, legal counsel to the UN Office
of the High Commissioner for Refugees in Washington.
CCA has held two internal investigations into these incidents and found
no evidence of excessive force being used by its guards. The company denies all
allegations. Karen Nicholson, CCA’s warden at the facility, stated that the
company has a “zero tolerance policy to [unprofessional] staff behaviour”. She
has since resigned for personal reasons.
But Lorelei Valverde, an Immigration and Naturalisation Service (INS)
official, told the Bergen Record that “they [the company] are in denial.
We are very concerned ... some of the force does appear excessive.”
Ms Valverde also said that the INS is trying to determine whether
segments of the guards’ videotapes of the incidents are missing intentionally
or accidentally. “Is it that they don’t know how to operate the camera, that
they switch cameras, or that they have erased parts or shut off the camera
before something happens?” She said
that a video of one of the incidents under investigation by the FBI developed
“a gap” after the first viewing. “There was something in the video which had
been seen [the first time] and then was gone.”
The INS closed the detention centre in 1995 and the
then operator, Esmor (now Correctional
Services Corp), lost its contract following a riot by detainees over abuse and
inadequate conditions (see PPRI #2).
CCA bought out Esmor’s contract, revamped the facility and, when it
reopened in 1997, the INS promised that it would be a model of privatisation.
Shoe print on the face - resignations and firings
Since these recent incidents allegedly took place, as well as the warden
resigning, the chief of security has been removed and two supervisors and six
guards have been barred from going near detainees. Three more guards have quit
following investigations into drug use.
One person has been fired for refusing to co-operate with an internal
investigation. It is thought that this was
a transport service employee detailed to take Mr Dafali to hospital.
When Kevin Simpson, who worked for TransCor America Inc (a CCA company),
arrived at the facility after the incident on 28 January 1999, he noted that Mr
Dafali’s clothes were bloody, he had a shoe print embedded in his face and the
bottom of his chin was split open.
Mr Simpson refused to put his observations in writing to his superiors
until he could consult a lawyer. This, claims Mr Simpson, led to his dismissal
in February.
According to Simpson, when he arrived at Mr Dafali’s cell, INS officers
were taking photographs of Mr Dafali’s injuries. “CCA guards told me the guy
hurt himself. They said he banged his head and face against the wall, hit his
face on a garbage can and caused his own injuries. I didn’t believe it. I still
don’t. I don’t see how you get a shoe print on your face from a wall,” said Mr
Simpson.
Investigation by newspaper
In April 1999, following a six month investigation, the Bergen Record
published its findings which included:
n allegations of degrading and
abusive treatment by guards and others date back more than a year;
n immigration lawyers allege
that detainees have been verbally abused or mistreated after complaining about
conditions;
n a hunger strike organiser
alleges that he was kept in a cell smeared with excrement for six days after a
protest;
n detainees spend at least 22
hours a day in a windowless dormitory, where they eat, sleep and shower;
n guards have alleged that they
fear losing their jobs if they report mistreatment;
n in 24 months, the facility has
had three wardens, three deputy wardens and two chiefs of security;
n two senior officials were
removed at the request of the INS following charges that they were creating a
destructive atmosphere; a third was fired by CCA;
n the turnover rate among guards
is between 30 and 40 per cent;
n since January 1999, CCA has
been notified of 18 contract violations;
n tension between the INS and
CCA “which hold markedly different views ...underscore the different approaches
to discipline and security that sometimes emerge ...”
n in a 1997 videotape, a guard
told an asylum seeker who was tied to a bed to go to another country and “be
their illegal alien, not mine ... I don’t care about your politics.” The guard
referred to the centre as “my house”;
n in the winter of 1998, the INS
wrote to a CCA Vice President about a litany of problems including missing
funds and valuables belonging to detainees and unreported or missing
information that seemed to point to a cover up
This was all despite the presence of seven INS contract compliance
officials and the facility’s accreditation with the American Correctional
Association.
The newspaper based its report on
“affidavits, internal memos, congressional testimony and interviews with
more than three dozen detainees, attorneys, human rights advocates, centre
staff members and officials.”
In September 1998, the Lawyers Committee for Human Rights testified
before a US Senate immigration sub-committee about problems at the centre. The
Committee has also complained that the INS does not act fast enough to deal
with complaints. Detainees also suffer lengthy stays in the centre due to the
INS’s system of processing asylum claims.
But the INS sought and obtained the removal of CCA’s most recent chief
of security, Darwin C. Mitchell. Mr Mitchell started his job in the summer of
1998 after he was transferred from
another CCA facility in Tennessee, where he had been a shift commander. He is
now assistant chief of security at another CCA facility in central Arizona.
In August and October 1998, Lawyers for Human Rights wrote to the INS
alleging that Mr Mitchell and others used excessive force on an Algerian
detainee. After viewing a videotape of the alleged incident, the INS referred
the case to the FBI. There was a gap in the videotape’s coverage of the
incident.
Since the most recent incidents and allegations, CCA’s guards have been
receiving training in videotaping and the use of force. But the INS is also considering making its
own videotapes of incidents and requiring them to be placed in a locked box. It
now has an official in the centre’s control room which was previously staffed
by CCA employees only.
CCA’s contract with the INS is
due to be renewed in August 1999.The company also has contracts with the INS to
run facilities in Arizona and Texas.
n The INS has since transferred
Salah Dafali and Oluwole Aboyade to a
prison in rural Pennsylvania.
n In April 1999, 39 guards at
the Elizabeth facility were tested for drug use after detainees found a
marijuana cigarette and handed it over to the INS alleging that it belonged to
CCA staff. Within a week, three guards had left their jobs. Two had tested
positive and the third left rather than
take the test.
For a full account of the Bergen Record’s investigation and findings, see The Bergen Record Online at http://www.bergen.com/region/ccaquit9904143.htm
Abuse, cover
up and donations
Doctor C. Crants, Chairman
and Chief Executive of Corrections Corporation of America donated $4,000 to
Wisconsin politicians over a period when the state was investigating alleged
abuse of its prisoners held at a company facility in Tennessee.
The donations were made between September and December 1998.
On 5 August 1998, a guard at CCA’s Whiteville Correctional Facility,
Tennessee was assaulted and seriously injured by prisoners from Wisconsin (see PPRI
#25). Nine prisoners face criminal
charges arising from the assault.
But prisoners alleged that, in retaliation, they were beaten, shocked
with stun guns and sexually abused by CCA staff investigating the assault.
One prisoner told his lawyer that, several days after the 5 August
incident, at least eight individuals dressed in black took him to a room,
stripped him, kicked him in the ribs and shocked his penis with a stun gun. He
claimed that those who allegedly assaulted him were trying to find out who
attacked the CCA guard.
Another prisoner told Wisconsin legislators that, twice on 11 August, he
and a cellmate were handcuffed, beaten, sprayed with mace and shocked with a
stun gun and stun shield by members of a tactical squad. He also alleged that
he was stripped, forced to kneel on the floor and while bent over his bunk a
guard sexually assaulted him with a shampoo bottle, shocked him with a stun gun
and hit him on the head.
Abuse covered up
The company denied the prisoners’ allegations and assured the state that
nothing untoward had taken place. A visit by state officials to the prison on
19 August 1998 found no evidence of abuse.
But the state subsequently decided to carry out a further investigation
and, in November 1998, a five member legislative team found that:
n between 15 and 20 prisoners
were abused;
n the prisoners were abused by members of CCA’s SORT [riot control]teams brought in from outside the prison;
n at least two prisoners had injuries
inflicted by electric shocks from stun shields or guns;
n prisoners were banged against
walls;
n the abuse took place over a
four day period;
n seven CCA staff, including the
chief of security, were fired after the incidents;
n prison officials had withheld
information about the incidents from state officials.
Michael Sullivan, Wisconsin’s
Corrections Secretary, had previously been convinced that no abuse had taken place. But he requested
that the Memphis FBI fully investigate what he described as “the cover up of
these incidents” by CCA employees.
Susan Hart, a spokesperson for CCA, said that the company has “a zero
tolerance policy for anything inappropriate inside an institution, including
the failure to report and including inappropriate use of force, and that policy
is certainly indicated by our behaviour to dismiss those employees who did not
appropriately follow policy.”
Gaston Fairey, a lawyer in
Columbia, South Carolina represents 26 prisoners and is preparing to file
lawsuits on their behalf. Another lawyer in Milwaukee is representing three
other prisoners.
Who got the campaign donations?
The state Governor, Tommy Thompson, received $2,500 in September 1998.
Republican Scott Walker received $500 in mid-October, three weeks before he was
selected as a member of the CCA
facility inspection team. Mr Walker was
also recently appointed Chairman of Wisconsin’s Assembly Corrections Committee. He is now sponsoring legislation
that would let the state contract with private prisons in Wisconsin.
Dean Kaufert, another Republican member of the
inspection team, also received a donation.
Despite the inspection team’s
findings, the four Republican representatives concluded that there was no
reason to stop sending Wisconsin prisoners to CCA prisons.
In December 1998, three Finance Committee members who received donations
from Crants voted in favour of sending an additional 357 Wisconsin prisoners to
a CCA facility in Sayre, Oklahoma.
CCA’s Susan Hart told the Milwaukee Journal Sentinel that there
was no connection between Crants’s giving and the problems at the Tennessee
facility. Scott Walker said that “quite
frankly I was surprised that if he [Crants] was going to give, he hadn’t given
earlier. I’ve been a private prison advocate for some time.”
Another ten years
Wisconsin sends its prisoners out of state to ease overcrowding in its
own prisons. In the last ten years, its prison population has grown from 6,100
to around 17,600. The administration currently has authority to send up to
4,500 prisoners to private prisons but wants to double that number by 2001.
Wisconsin currently has some 2,350 prisoners held out of state. It has a
contract with CCA to hold around 1,200 prisoners, paying the
company $42 per prisoner per day.
The state’s Corrections Secretary has said that Wisconsin must send
prisoners out of state for at least ten years as it cannot build new prisons
fast enough to cope with the increasing prisoner population.
n The state Governor has said
that he will only consider sending prisoners to a 1,200 bed prison currently
being built speculatively at Stanley by the Dominion Group if it is staffed by
public employees.
Alaskans
mistreated in Arizona
Alaskan prisoners, many of
whom are Native Americans, are being mistreated at CCA’s Central Arizona
Detention Center in Florence, Arizona, according to a monitor appointed by Alaska’s Superior Court.
The monitor’s report, published in April 1999, found:
n food problems were severe and
have continued to be so for several years;
n telephone conversations with
lawyers were being recorded, in violation of a court order;
n the prison’s telephone system
and the phone contractor’s billings procedures were so complex that it was
difficult for prisoners to make ‘collect’ calls to their families. “The
prisoners who are suffering the most are ... those from rural areas, especially
Native Alaskans.”
n the staff’s ability to respond
to serious emergencies was a concern - in one incident recorded on videotape,
staff used broom handles, which are non-approved non-lethal weapons, to remove
prisoners from cells. Pepper spray was also used inappropriately. A videotape showed
a subdued and restrained prisoner being pepper sprayed by a CCA guard.
The monitor, Mr John Hagar, a San Francisco based lawyer, revisited the
facility in February 1999. He stated that conditions had improved since his
last inspection a year ago. There is now a system in place that separates
stronger, more organised prisoners from weaker prisoners. Until that was
implemented, there was an increasing trend in demonstrations and
prisoner-upon-prisoner assaults.
But he also noted in a separate, undisclosed report that the FBI is
investigating alleged use of excessive force.
Mr Scott Taylor, a prisoners’ rights lawyer, told the Anchorage Daily
News that the problems in Arizona are consistent with what one might expect
to find in a privately operated prison. “From what I have seen, I can’t really
criticise CCA too much for Central Arizona. They have such a rapid turnover
with staff. It is hard to keep good, trained staff on site. And new poorly
trained guards pose a danger to inmates.”
On 4 May 1999, Alaska’s Department of Corrections filed a rebuttal of Mr
Hagar’s criticisms in the Superior Court, arguing that he had gone beyond his
remit and that his report consisted “primarily of [his] conclusions and
opinions”.
CCA receives some $1.5m per month from Alaska’s Department of
Corrections for holding 860 Alaskan prisoners at the 2,400 bed facility. Alaska
has been sending prisoners to Arizona since 1995.
Incidents not
reported
Tennessee’s Department of
Corrections has served a written warning that the operators of Hardeman County
Correctional Facility failed to report two serious incidents to the state’s
Assistant Commissioner of Operations.
The Facility is run under contract by Corrections Corporation of
America.
On 17 January 1999, several prisoners assaulted a guard who required
facial surgery as a result. Eight prisoners were segregated for their
involvement.
On 21 January 1999, an incident involving construction workers and
prison maintenance staff led to three injured people requiring hospital
treatment.
Neither incident was reported to the state despite a contract
requirement to do so.
A letter dated 11 February 1999 from Tennessee Corrections Commissioner Donal Campbell to the Hardeman County Correctional Facilities Corporation states: “The above described policy violations constitute breaches of Hardeman County’s obligations under the contract ... As corrective action, within ten days, please forward ... a full report on these incidents and any responsive action taken. In addition, please see that incident reports are entered in accordance with policy. Please be advised that ... any future breaches of this nature will be considered successive and repetitive, and may result in the assessment of liquidated damages without notice and an opportunity to cure.”
Youngstown
settlement final
The $1.65m settlement of
the lawsuit brought by prisoners at CCA’s Northeast Ohio Correctional Center
against CCA has been ratified by the court (see PPRI #18, 19, 23, 24, 26
and 28).
n The first in a series of
lawsuits on behalf of 25 juveniles held
at a former CCA run juvenile detention centre in Columbia, South Carolina is
scheduled to be heard on 1 November 1999.
The cases arose from alleged abuses, including hog tying, by CCA staff in 1996 and 1997 (see PPRI #8). CCA withdrew from the contract in June 1997.
TransCor
faces lawsuits
The American Civil
Liberties Union (ACLU) has filed a lawsuit in the US District Court on behalf
of a female prisoner who alleges that she was sexually assaulted by a TransCor
of America guard while shackled during a five day journey transferring her from
Texas to a Colorado prison in March 1998.
According to papers filed with the court, after the woman arrived at the
Fremont County Jail, she required medical
attention, medication and psychotherapy because of the assault. She was
so distressed that she could no longer eat, sleep or function normally. Her
distraught condition eventually prompted jail staff to contact victim
assistance workers.
Mark Silverstein of the ACLU said that at least two similar lawsuits are pending against the company in Colorado and that they all claim that female prisoners were sexually assaulted while being transported by all‑male crews from TransCor.
CSC staff
still inexperienced
A riot at Correctional
Services Corporation (CSC) - run Crowley County Correctional Facility at Olney
Springs, Colorado on 5 March 1999 required public sector riot control teams
from four states to help regain control of the prison.
During the incident, in which prisoners flooded cell blocks and caused
some $10,000 worth of damage, one prison guard suffered a fractured jaw and
four prisoners were injured by rubber bullets fired by the riot control teams.
Five hundred prisoners in two cell blocks were subdued by CSC guards using OC spray while awaiting
reinforcements to arrive.
According to a Colorado Department of Corrections ‘after action’ report,
the air in the cell blocks remained “saturated ... throughout recovery
operations.” It also noted that the “indications are [that] the [CSC] staff
were not as well trained as they could have been.”
Since the riot, between 20 and 25 per cent of the 260 staff, including the deputy warden, have
left.
An investigation into the riot has recommended that CSC and Dominion Correctional Properties, the
facility’s builder and owner, make 29 improvements to procedures, training,
equipment and design. CSC is to be charged
for the cost of deploying 56 state riot control officers.
n This is the second major disturbance at the 1,200 bed facility since it opened in October 1998. Within a month of opening, there was a two day lockdown and troublesome prisoners were transferred. Two CSC staff were fired and three others resigned as a result of the incident. At the time, the facility’s warden told the Denver Post that roughly 70 per cent of his staff had no previous experience, although they underwent four weeks’ training.
CSC contract
not renewed
Correctional Services
Corporation will not be renewing its contract for the 120 bed Bayamon Detention
Center in Bayamon, Puerto Rico. It was due for renewal on 1 May 1999. The
company stated that it “mutually agreed” with the Administration of Juvenile
Institutions on 23 February 1999 not to renew.
On that day there was a riot in which armed detainees took seven staff hostage for 14 hours (see PPRI #28).
Hobbs
problems continue
A riot by 400 prisoners at Wackenhut Corrections Corp’s 1,057 bed Lea County Correctional Facility, Hobbs, New Mexico left 13 guards - including two state employees - and one prisoner injured on 6 April 1999.
Four of the guards have returned to work, but fifteen have resigned
since the incident (see PPRI #24).
Hundreds of state and local corrections and law enforcement officers
from around New Mexico responded to the riot. Wackenhut’s contract stipulates
that it has to reimburse the state for the cost of such assistance.
The facility opened in May 1998 and has suffered a series of incidents,
including:
n in August 1998, Wackenhut
disciplined guards for allegedly kicking a handcuffed prisoner in the groin.
n in January 1999, Wackenhut
disciplined six staff for allegedly conspiring to cover up an incident on 21
December 1998 in which a prisoner was kicked in the head while restrained. Two guards were fired, one
was suspended, two supervisors were forced to resign and a third was demoted.
A recent state commissioned study into levels of violence at public and
private prisons found that Hobbs had the highest number of injuries that had to
be treated away from the facility.
A trade union representing guards at the facility has filed a formal grievance about unsafe work conditions and other issues. Guards have to work double shifts, which they claim is causing stress.
Cornell hires
ex-offenders
At least three Cornell
Corrections Inc staff employed to supervise juveniles at the Youth Development
Program, Santa Fe County, New Mexico have criminal records.
They are to keep their jobs but
no further ex-offenders will be hired.
In April 1999, David Wolf, the County Manager, wrote to the company
stating that the staff should be removed and that neither ex-convicts nor
others with morally questionable
misdemeanour charges would be tolerated at the facility.
The juvenile facility’s director, Mr Peter Looker, told Associated
Press that “we have no one in this
facility who has raped anybody, who is a paedophile or who engages in that type
of sexual deviancy”. Looker said he believed that the three had been
rehabilitated. He has since said that
hiring them was an incorrect interpretation of the contract.
Cornell’s background checks on the staff had not been passed to the
Sheriff’s Department for scrutiny.
The Sheriff’s Department is also currently investigating allegations
that a guard, who has since been fired, raped and molested a female prisoner at
the facility earlier in April.
n On 16 April 1999, a male guard at the adult facility - also run by Cornell - was arrested on charges of sexually assaulting a male prisoner.
Resisting
Cornell in Pennsylvania
The Pennsylvania state
Correctional Officers Association, the Association of Federal Government
Employees, Corrections USA and local community representatives are fighting an
attempt by Cornell Corrections to build a prison in Phillipsburg, Pennsylvania.
In April 1999, Cornell was awarded a $342.7m Federal Bureau of Prisons contract to own and operate a 1,000 bed facility (see PPRI #28). The company has a time limit within which to find a location for the prison.
Nevada’s
privatised health care
The Governor of Nevada
plans to privatise the entire prison system’s health care services. Savings of
up to $6m over two years are being claimed. But several hundred state employees
could lose their jobs.
Two firms, including Correctional Medical Services (see PPRI #25 and 26) are negotiating for the contract.
Privatisation
‘guru’ resigns
Dr Charles Thomas, Director
of the University of Florida’s Private Prison Project, has been fined $2,000. He
has ceased all evaluative research on the private corrections industry through
his position at the university, and he
has submitted his resignation as Director of the Private Corrections Project
with effect from 13 August 1999.
Following two complaints by the Florida Police Benevolent Association
(FPBA), the Florida Commission on Ethics found that there was probable cause to
believe that Dr Thomas’s financial interest in the corrections industry impeded
his ability to evaluate objectively the industry through his research at
the university (see PPRI #13,
21, 25 and 26).
As well as his work at the university, Dr Thomas is a paid consultant to
Prison Realty Corporation as well as being a board member and shareholder. He
also owns shares in Correctional Services Corporation, but this was not an
aspect of the conflict cases.
In June 1998, the Commission found probable cause for a conflict between
Dr Thomas’s work for the Florida Corrections Privatisation Commission, his
relationship with CCA and his role at the University of Florida. Dr Thomas
resigned his position with the Privatisation Commission but the case was not
fully settled.
Last December, the FPBA filed a second complaint after it emerged that,
in 1998, Dr Thomas personally received $3m for consultancy to CCA Prison Realty
Trust. The work related to the company’s merger with Corrections Corporation of
America which resulted in the formation of Prison Realty Corporation (see PPRI
#28).
The FPBA alleged that Dr Thomas violated Florida’s Code of Ethics for
Public Officers and Employees. Dr Thomas
strenuously denied any wrongdoing.
But as part of the settlement of both complaints announced on 19 April
1999, Dr Thomas finally accepted the Commission’s findings. The settlement is
not official until ratified by the Commission on Ethics on 3 June 1999.
Commission investigator’s findings
The Commission’s report of the investigation into the second complaint
was published on 17 March 1999. Mr Eric Scott, of the Attorney General’s Office
concluded that “it appears [Dr Thomas’s] contractual relationship with PRC
[Prison Realty Corp] created a situation which could tempt dishonor. Because
the results of [his] research can have such a profound effect on the private
prison industry [he] is in a position where his private economic interests and
his public duty overlap in a manner which could lead to a disregard of his
public duties. In other words, [he] could be tempted to alter the results of
his research in an effort to maintain or increase his private economic
benefit”.
But Mr Scott also pointed out that “there is no evidence that [Dr
Thomas] has ever actually disregarded his public duties for a private benefit.
However, violations [under Florida statutes] are based upon the fact that a
conflict exists, not whether or not [Dr Thomas] succumbed to the temptation.”
The report also noted that, despite the University of Florida
recognising the potential for a conflict and entering into a Monitoring Plan
for Potential Conflicts of Interest, the plan “did not eliminate the conflict”.
A second hearing had been scheduled for May pending negotiations over a
settlement.
Ken Kopczynski of the FPBA, said
“We were very happy that the Florida Commission on Ethics again
validated our position. This ends a chapter in the FPBA's fight against prison
privatisation and will, hopefully, bring about an honest debate on the issue”.
International reputation
Dr Thomas has been regarded as the ‘guru’ of private corrections. He has conducted and/or
directed research comparing private and public prisons and advised government
departments. The Private Prison Project website features Dr Thomas’s Weekly Stock Report, which tracks the
share prices, trading records and developments of the publicly traded
corrections companies.
In evidence to the Ethics Commission’s investigation into the first
complaint, Mr Irv DeGraw, a Sarasota-based stock analyst, referred to the Blue
Book, Dr Thomas’s annual industry census, as “the Bible”. He also stated
that information provided by Dr Thomas to stock analysts could “greatly
influence the markets” and that Dr Thomas was “widely recognised as the expert
on privatisation nationally, in fact, worldwide.”
But Mr DeGraw also said that he had been “concerned” about Dr Thomas’s
directorship of CCA Prison Realty Trust as
“economic interest in your research and work creates a bias.”
n Since 1989, the University of
Florida Private Corrections Project has been funded entirely through donations
from private corrections companies.
n Dr Thomas receives a
University salary of $84,000 per year.
n In April 1997, Dr Thomas
became a board member for CCA Prison Realty Trust;
n On 1 January 1999, CCA Prison
Realty Trust merged with Corrections Corporation of America, creating Prison
Realty Corporation (PRC) a Real Estate Investment Trust that provides financing
for private correctional facilities.
n Dr Thomas is a Director of PRC
and owns 30,000 shares valued at $660,000.
n Dr Thomas received a $3m
consulting fee for services performed in connection with the merger.
n Dr Thomas receives $1,000 per
month as a retainer plus travel expenses and stock options.
Corporate support for Dr Thomas
Evidence to the first investigation also revealed that:
n According to Mr Michael
Garretson, Chief Operations Officer for Correctional Services Corp (CSC), his
company began donating money to the
Project “because he [Thomas] took the lead in trying to get privatisation
accepted by state and local governments. Until he [Thomas] became involved,
only the Federal Government had utilised the private corrections industry.” Mr
Garretson said that CSC expected Dr Thomas’s Project to “document the successes
in private corrections and to prepare factual reports about the industry, even
if it’s about one of our competitors, because their successes are good for the
industry.”
n Wackenhut Corrections
Corporation no longer donates money to Dr Thomas’s project. Mr George Zoley,
the company’s Vice Chairman and Chief Executive Officer alleged that Dr Thomas
had “crossed over the line of impartiality” by joining CCA Prison Realty Trust
although he had found the work of the Private Corrections Project fair and
impartial.
n According to Dr Thomas,
following the filing of the first complaint by the FPBA, the ensuing investigation by the University
of Florida and the withdrawal of funding from Wackenhut Corrections Corp,
“there was a flood of calls and letters ... from the CEOs of many of the firms
in the private corrections industry (eg, Alternative Programs Inc, Avalon
Community Services, the Bobby Ross Group, Correctional Services Corporation,
Correctional Systems Inc, the GRW Corporation, Management and Training
Corporation, Maranatha Production Company, Securicor Custodial Services Ltd,
Securicor New Century Corrections and Youth Services International ...”
He also stated that firms “that had never previously provided as much as
a dollar of research funding stepped up to the plate (eg, Alternative Programs,
Avalon, Bobby Ross Group, Securicor Custodial Services and Securicor New
Century)...” and that the financial community “weighted in with strong support
and confidence in both my integrity and objectivity (eg, Legg Mason Wood Walker
Inc, Montgomery Securities and Stephens Inc).”
Complaint No: 98-206, State of Florida Commission on Ethics, Post Office Drawer 15709, Tallahassee, Florida, 32317-5709, USA.
Costs
questioned again
A Corrections Corporation
of America advertisement includes the
claim that “at least 12 separate independent studies show that privately
managed prisons can save taxpayers up to 28 per cent on the cost of
incarceration.”
But further doubts about recent research into cost savings cited by US
private prison companies were raised at the University of Minnesota Law
School’s prison privatisation workshop
in January 1999 (see PPRI #27).
According to Professor Michael Jacobson of City University, New York and
the John Jay College of Criminal Justice, none of the studies currently being
quoted accurately reflect per diem rates.
In his view:
n per diem rates are often based
on projected costs. They need to be determined at the end of a fiscal year as a
result of reviewing actual expenditures;
n when costing a new facility,
companies calculate their labour costs on the basis that the majority of
employees begin at the lowest end of the pay scale. But when comparing labour
costs with the public sector, they use the higher salary scales and benefit
packages enjoyed by more experienced staff;
n ‘cherry picking’ the least
difficult prisoners reduces the costs of private prisons while increasing
public sector costs.
Professor David Schultz of the University of Minnesota, supported the
findings of the Abt Report (see PPRI #25), agreeing that
virtually all studies being offered by the private sector as proof of cost
savings and/or increased quality of services are flawed or suspect.
He said that costs routinely ignored include: responses to unusual
incidents, assaults, medical costs, workers’ compensation, disability
insurance, back filing, court costs, future costs of incarceration, monitoring
and transportation.
(Corrections USA has produced a summary of the issues raised at the Minnesota workshop. See page 12).
Legal battle
in Alaska