No. 37 Sept/Oct 2000 ISSN 1363-9552
Published in London by the Prison Reform Trust
IN THIS ISSUE
First Corrections Summit of the Americas
Corrections companies, stock
analysts and bankers attending the World Research Group/Reason Public Policy
Institute’s conference on privatising correctional facilities in San Antonio,
Texas in September (see page 5), could not understand why the media scrutinises
private sector operations so closely.
Governments around the
world are increasingly being sold the idea of privatised prisons and other
criminal justice services on the basis of the industry’s success in the US,
Australia and the UK.
This double issue of PPRI clearly shows why close scrutiny of
the private sector is still needed and why governments need to look very
closely at the issues as the industry not only gears up for another wave of
expansion but also tries to fund ‘independent’ research.
The Government of Victoria, Australia, has taken over the management of Corrections Corporation of Australia’s (CCA) Metropolitan Women’s Correctional Centre, the state’s only private maximum security prison for women.
In a statement issued on 3 October 2000, the Minister for Corrections, Andre Haermeyer said: “the Government has also approached the contractor with a view to negotiating an early termination of the contract.”
Senior public sector officials are now running day to day operations.
Although beset with problems since it opened in August 1996, over the past year the prison, near Melbourne, experienced a range of performance problems, some of which resulted in the government issuing three default notices between May and July 2000 (see PPRI #35).
According to the Government, these problems persisted and the company failed to rectify them.
The Commissioner for Corrections, Ms Penny Armytage, advised the Minister that the prison remained vulnerable and CCA was still in default of its contractual obligations.
Concerns included prison security, management of at risk prisoners, control and management of illicit drugs, compromised prisoner regimes and shortcomings in the delivery of health services.
The prison was described by the Minister as having the worst drugs problem in the state “with up to one in four prisoners using illegal drugs.”
The Government intervened under Section 8F of the Corrections Act
(Emergency Powers) and the Prison Services Agreement to stabilise the prison
pending long term resolution of the status of CCA’s contract with the
government.
This action is
unprecedented and was taken to ensure the security of the prison and the safety
and welfare of the prisoners and the staff.
It followed what the
Commissioner described as “numerous formal and informal meetings between the
Department of Corrections, prison management and the operator” which attempted
to identify remedial action.
But lawyers, community
organisations, church groups and trade unions had for years been arguing
against privatisation and calling on both the former and current
administrations to assume control of this prison in particular.
On the day of the
takeover, the company was still running newspaper advertisements attempting to
recruit correctional officers, a recreation officer and a doctor.
Under the terms of the
contract, the government can proceed to terminate following three material
defaults.
In a statement also
issued on 3 October 2000, Corrections Corporation of Australia’s managing
director, Mr Terry Lawson, said that the company had been trying to comply with
changes requested by the government and was seeking legal advice on the
situation.
“CCA has been the victim
of a concerted campaign by the Victorian Minister for Corrections who has gone
on record as saying that he does not believe in private prisons,” he said.
“There is no reason for
the Government to claim ‘step in’ rights. There is no emergency and the prison
is operating efficiently and peacefully.”
Speaking on ABC radio on
4 October 2000, the Minister reiterated his position that the Government
was “not actually interested in owning
the facility.”
But he also said that he
did not intend handing the management back to Corrections Corporation of
Australia.
On 3AK’s Melbourne Magazine radio programme on 4
October, Julian Kenneally of the CPSU said that his union was “pretty
disappointed that many of the issues that the prison were defaulted on since
the change of government were in existence under the previous government and
there seemed to be a lack of willingness by the previous government to act on
many of the concerns that were being raised.”
CCA’s facility was the
first of three privately financed, designed, built and operated prisons to open in Victoria. An early CCA brochure proclaimed that: “the arrival of
the Metropolitan Women’s Correctional Centre marks a significant advance in
correctional services for women in Victoria, and a model for the rest of
Australia.”
The two other private
prisons in Victoria are run by Group 4 and Australasian Correctional Management
Ltd. Lawyers and church groups have
called on the government to take over their management also.
n
Corrections Corporation of Australia is now 100 per cent owned by Sodexho of France.
Until recently, Sodexho owned 50 per cent and Corrections Corporation of
America owned the other 50 per cent. The
change in ownership was agreed as part of the restructuring of Prison Realty
Trust and Corrections Corporation America (see page7).
n The independent audit into Victoria’s three private prison contracts is expected to be presented to the Minister for Corrections by the end of October 2000.
The Commissioner’s Report
The basis for the
Government’s decision to take control of the prison was a report dated 13
September 2000 by the Victoria Correctional Services Commissioner on CCA’s
contract non compliance.
The report was tabled in
Parliament on 5 October.
The Commissioner stated
that MWCC was a troubled prison during its fourth performance year (August 1999
-August 2000). This was characterised by:
n
an
unacceptably high number of prison incidents;
n
a
disproportionate number of prisoners being classified as Protection Prisoners
... up to 29 per cent of the prison muster [the industry norm is 20 per cent]
being held in the overcrowded protection
unit where access to work, programmes, education and recreation have all been
minimal;
n
poor
performance against its Prison Operations Service Delivery Outcomes (SDOs).
In 1999/2000:
n
the
levels of attempted suicide/self mutilation were more than double the maximum
allowed benchmark [9.7 per cent per 100 receptions compared with a benchmark of
3.8 per cent];
n
prisoner assaults on staff were almost double the maximum allowed benchmark [19
per 100 prisoner years compared with a benchmark of 10];
n
prisoner on prisoner assaults were significantly in excess of the maximum
allowed benchmark [45.3 per 100 prisoner years compared with a benchmark of
30];
n
there
was an illicit drug rate of 8.75 per cent compared with a benchmark of 8.26 per
cent.
The 1999/2000 results
were the worst for each category in the prison’s four year operation which,
according to the Commissioner, “clearly demonstrates an inability by the prison
to implement strategies to ensure the welfare and safety of prisoners and
staff.”
Two external bodies also
issued sanctions against the prison: in January 2000, the Office of Post
Compulsory Education, Training and Employment suspended CCA’s registration as a
registered training operation for a month; and the Victorian Workcover
Authority issued a Prohibition Notice and an Improvement Notice in May.
On 9 August 2000,
Victoria’s Department of Human Services advised MWCC that a recent examination
of the prison’s health services “identified significant issues in respect to
the delivery of health services at MWCC which could compromise the health of
women in the prison.”
The Commissioner stated
that “establishing the root causes of these troubles is difficult. The nature
of the difficulty appears, however, to be a collective result of:
n
inconsistent management practices and poor leadership at the facility since the
resignation of the then general manager in July 1999;
n
lack of
operational procedures, guidelines and on the job support and training for
staff;
n
staff
shortages and budget constraints and;
n
poor
prison design.
Makeshift arrangements and fundamental problems
The report stated:
“Despite CCA’s repeated assurances that its remedial actions would ensure that
the service deficiencies would be identified and addressed, OCSC [Office of the
Correctional Services Commissioner] has assessed that both CCA and MWCC
management fail to appreciate the full range of their contractual obligations.”
And that: “Too many of
their improvement strategies are implemented by the deployment of resources
from existing functions. Rarely are additional resources or new efforts
deployed. Often, compromises are made to less pressing functions in order to
address more glaring deficiencies.”
According to the
Commissioner, two examples demonstrated “a propensity to employ makeshift
arrangements even though they may compromise other aspects of the prison’s
performance”. These were:
n
the
decision to close down the horticultural programme for protection prisoners and
deploy the staff resources of that programme to enhance security functions in
the prison;
n
the
decision to honour the commitment made as a result of Default 3 (see below) to
provide 24 hour staffing in the Management Unit (A2) by deploying night shift
security and escort officers to the unit
on rotation across the shift rather than establish a dedicated roster for this
purpose.
Failed in most fundamental operations
On 18 July 2000, a default
notice with nine components was issued to the company. The seven day cure period expired on 25 July.
Four components were subsequently complied with.
But the Commissioner
found that “the areas in which MWCC remains non-compliant cover five of the
most fundamental aspects of the prison’s operations.”
The failures covered the
following categories of service delivery:
n
provision of sufficient security systems to ensure security and safety of
prisoners and staff;
n
containment and supervision of prisoners at risk;
n
provision of adequate staffing to ensure close prisoner surveillance and
maintenance of security/safety of staff and prisoners and breach of prison
management specifications due to lockdowns;
n
management
of programmes and security procedures for illicit drugs.
A further breakdown of
the third Default Notice reveals:
n
38
prisoners were subject to self harm, almost double the benchmark level of 20;
n
the
failure to comply with suicide prevention procedure resulting in no timely
referral of prisoners;
n
non
compliance of management of prisoners at risk;
n a
reduction in counselling staff from four to 1.8 in an environment where
prisoner numbers increased by 67 per cent;
n
the
failure to properly manage non-conforming prisoners resulting in eight prisoner
instigated fires during April/May and 21 fires since February 1999;
n
there
were 12 assaults by prisoners on staff during April/May 2000 bringing the
yearly total to 24, double for the same time last year;
n
the
failure to provide adequate staffing which led to Workcover notices being
issued;
n the
prison was locked down 75 times - 50 per cent due to staff shortages;
n the
management unit was not staffed at night or at lunch breaks;
n the
Special Emergency Services Group was required to ensure safe operations of the
prison;
nthe
failure to ensure prisoners have 12 hours out of their cells each day;
n
unauthorised staff (recreation officer) were used for prisoner transfer;
n the failure
to comply with Victorian Prison Drug Strategy - in May the prison recorded 16.7
per cent positive drug tests against the benchmark of 8.26 per cent;
n
the failure to conduct mandatory weekly drug testing;
n the
failure to comply with strip search procedure;
n the
failure to provide adequate surveillance of visitors;
nthe
failure to implement systems to detect and confiscate weapons, drugs and
contraband;
n
the
failure to develop a drug detection system;
nthere
was inadequate identification and storage of urine samples.
Office of the Correctional Services Commissioner, Department of Justice:
Correctional Services Commissioner’s Report on Metropolitan Women’s
Correctional Centre’s Compliance with its Contractual Obligations and Prison
Services Agreement, 13 September 2000, No.40, Session 1999-2000.
Copies from: Felicity.Ryan@parliament.vic.gov.au
n
“The future of the prisons and corrections
industry will not be with private operators,” said Hans Engelberts, the General
Secretary of Public Services International, the global federation of public
sector trade unions with 20 million members in 150 countries.
In a statement issued on
5 October 2000, Mr Engelberts referred to the decision by the Government of Victoria
to take back control of the Metropolitan Women’s Correctional Centre
from private operators.
He said that the main
factors in reimposing public control were the close scrutiny maintained by the
government and the involvement of unions and community groups.
“The drive for profit in
prisons is particularly repugnant,” he
said, “PSI affiliated unions in
Australia, South Africa, the UK, the USA and Canada are working with community
groups to deal with this new industry.”
He welcomed the return of
public management in Victoria and hoped for better care for women prisoners,
better training for staff and the easing of prisoner/staff ratios.
Mr Engelberts also called on the Government of Victoria to “…follow the examples of North Carolina, Texas and Louisiana where private prison operators had their contracts terminated for failure to provide adequate services.”
Public Services International, BP
9, 01211 Ferney- Voltaire Cedex, France. Tel +33 (0)4 50 40 64 64; Email
psi@world-psi.org Internet www.world-psi.org
n
The
Executive Board of Penal Reform International, a leading NGO working to achieve
penal reform and to reduce the use of imprisonment, has agreed to work to put
the issue of prison privatisation onto the agenda of international human rights
bodies.
Penal Reform International, London Head office, Unit 114, The Chandlery,
50 Westminster Bridge Road, London , SE1 7QY, England. www.penalreform.org
Queensland “fobbed off” by CCA
Within weeks of the announcement
that Corrections Corporation of Australia (CCA) had lost its contract to run
the 492 bed Borallon Correctional Centre, near Ipswich, Queensland, the
Government criticised the company for hindering investigations into allegations
of corruption, theft and intimidation of
staff at the prison.
In September, Management & Training Corporation (MTC)
was declared the winner of a tendering exercise for a five year contract to run
the facility which CCA had managed since 1990.
CCA’s contract expired on
30 September 2000. The handover of the prison is expected to take three months.
But on 3 October 2000, in
a statement to Parliament, Queensland’s Minister for Police and Corrective
Services, Mr Tom Barton, said that on 11 September 2000, the government’s
Corrective Services Investigation Unit had launched an inquiry into allegations
of property theft from Borallon’s prison industries programme.
Twenty four allegations
He also said that CCA had
so far “fobbed off” government investigations into “no less than 24 allegations
of unauthorised or dishonest matters that need to be addressed ... such as
allegations of secret commissions,
theft, threats and intimidation of staff who resisted these alleged illegal
activities.”
Mr Barton added: “The
management of this company is of the opinion that the matters are not serious
enough to necessitate CCA proceeding with a full investigation. Management is
refusing to lay a formal complaint. This is the dilemma for the police: since
the allegations involve theft from a private company, it requires either a
complaint from the company or the people involved before the police can carry
out investigations and possibly lay charges.”
“The allegations also relate
to corruption and misconduct but, since the Criminal Justice Commission does
not have jurisdiction over privately run prisons, the matters cannot be
referred to the CJC”, he said.
“Every time we have
raised these concerns with CCA and its board of directors we have been fobbed
off with weak and pathetic excuses. The Department [of Corrections] has given
CCA every opportunity to fix the problems identified and allow a full police
investigation, but it has failed to do so.”
CCA responded to the
government’s allegations by commissioning accountants Arthur Andersen to carry
out an internal audit.
CCA also wrote to the
government stating that “should any criminal activity be uncovered during this
process ... this company will take the necessary response.”
As a result of the case,
the government is extending the power of the Criminal Justice Commission to
cover private prisons.
nThe
A$83m five year Borallon contract is Management & Training Corporation’s
first outside of the US. The Utah based company calls itself ‘America’s premier
operator of job corps centres and private correctional facilities.’
n
Queensland has one other privately operated prison, the Arthur Gorrie Remand
and Reception Centre at Wacol, Brisbane.
Police and internal
investigations were launched in August 2000 after two hangings and an alleged
gang rape occurred.
The facility is run by Australasian Correctional Management (ACM,Wackenhut Corrections Corporation’s Australian subsidiary).
Woomera: secrets and lives
Earlier this year, a
United Nations (UN) working group was to inspect Australia’s immigration
detention centres which are all run by Australasian Correctional Management
(see PPRI # 36, 32, 30, 29 and 14 ).
But the Federal
Government subsequently denied the UN access to the centres.
On 5 October 2000,
Australia’s SBS TV showed the Insight programme’s report of its own
investigation into conditions at one of the centres, at Woomera, South
Australia. Set out below is an extract
from the transcript of that programme.
... and so the secrecy
around Woomera is maintained. It`s clear that conditions are harsh, but to
verify allegations of abuse is almost impossible.
Scott Litchfield, of the
Uniting Church in Adelaide, is worried at the lack of transparency.
SCOTT LITCHFIELD, UNITING CHURCH: I`ve done enquiries on a couple issues
that the Church has been concerned about. We`ve been met with a wall of silence
by the management company, on the basis that all employees have signed
contracts.
Like most of Australia`s
detention centres, Woomera is run by the American company Australasian
Correctional Management, or ACM. They`re contracted by the Department of
Immigration to manage all aspects of the camp.
In Woomera, the Eldo
Hotel is the favourite watering hole of ACM staff. This is where they come to
relax off-duty. They’re barred from talking to the media, and all our requests
to interview the director of the company were refused and passed back to the
Department of Immigration.
Scott Litchfield contacted
ACM to ask about conditions in the camp, and to query why ACM had requested
donations of clothing from the churches. [These] faxes from ACM show that
they’d asked for hundreds of tracksuits, jackets, skivvies and even curtains.
Yet according to the
contract between ACM and the Immigration Department, the company is required to
provide adequate clothing suitable for the climate. When Scott Litchfield
queried ACM about this, they told him they were bound by commercial
confidentiality and could say nothing.
SCOTT LITCHFIELD: The degree of secrecy is a difficulty in any
relationship between a commercial company and the Government, and it does bring
into question the ability of Australian people and the taxpayers of the country
to have any control over the situation.
But it`s not just the ACM
staff who must sign confidentiality agreements before working at Woomera. Every
lawyer who visits here to work on refugee applications must also agree to
silence. Those who’ve spoken out in the past have been swiftly dismissed and
refused further entry into the camp. Lawyer Julian Gormley is one of them.
JULIAN GORMLEY: I just got to the point where it’s just immoral to stay
quiet. To enforce that silence is...it’s just immoral, and people are not happy
about it. The ones who do keep their mouths shut aren’t happy about it.
Julian Gormley spent two
months this year, working with Woomera detainees. His colleague, Nick Poynder,
has worked for 10 years as a refugee lawyer, with extended periods at the Port
Hedland and Curtin detention centres. They say that human rights abuses within
the camps are rife.
NICK POYNDER: These people were being severely mistreated in detention,
that they were being in some cases beaten up by the guards, being refused
access to legal advisors, being refused access to means of contacting their
family back home.
First of all, detention
alone, the UN has said, is in breach of all the international human rights
covenants. Incommunicado detention is also in breach of that. Returning people
to places where they`re going to be killed and tortured is an absolute gross
breach of international human rights. Those three things are happening in the
detention centres, and no-one is speaking out about it, because they’re all too
scared to.
A full transcript of the programme is available on the internet
at:www.sbs.com.au/insight
n The Sydney Morning Herald reports that the Federal Ombudsman has investigated an increasing number of allegations of the use of excessive force and chemical restraints in Australia’s immigration detention centres.
WA: Labor watching closely
“The situation that developed in Victoria will
not happen here because we have established a totally different and more
effective management structure. Any emerging difficulties will be identified
and dealt with much earlier,” said Peter Foss, Western Australia’s Attorney
General, in a statement on 3 October 2000.
But, if it wins the next
state election, the Labor Party of Western Australia will be watching Corrections
Corporation of Australia’s operation of the new Acacia prison “like a hawk”,
said Jim McGinty, the Opposition Legal Affairs spokesperson.
The Labor Party is
opposed to prison privatisation and has
pledged to be “severe” with the company in the event of any contract breaches.
The opening of the prison
has been delayed (see PPRI #36, 34,
32, 30, 28 and 26).
Industry discusses new strategy
The leading private
corrections companies in the US are to form a single industry voice with the
dual aim of combatting bad press coverage and restoring confidence in the
industry.
The companies are also
discussing funding ‘independent’ research to prove that prison privatisation
works. This is likely to be carried out in conjunction with the Reason
Foundation’s Public Policy Institute (RPPI).
These plans were revealed
at the World Research Group/RPPI’s Fifth Privatising Correctional Facilities
Conference held in San Antonio, Texas, on 25 and 26 September 2000 (see PPRI # 30, 21, 12 and 6).
Analyse this
James McDonald, a corrections industry analyst with First Analysis Corporation, said that the industry “had gone from being the market darling to something lower than dirt” and needed to regain the stock market’s trust.
Due to Prison Realty Trust/CCA’s recent problems the industry “lacked a leader” and “needed a success story.
Wackenhut Corrections Corporation (WCC) had “deteriorated domestically” but had been buoyed by international growth.
His view was that there is still room for growth both in the US and internationally. But he also complained that the media is biased against the private sector and that, due to the current level of scrutiny, the industry must maintain strong operations as it cannot afford to be in the news. But, he argued, “the relative record is still good.”
He also called for the industry to pay for “really neutral research,” although he admitted that “it’s hard to pay and still be neutral.”
Financing for the
industry’s expansion remains “a major, major issue,” he said. “The industry
needs a new financing mechanism.”
Access to capital
Chuck Jones of
Correctional Properties Trust, Wackenhut Corrections Corporation’s Real Estate
Investment Trust (REIT), argued that there was still “plenty of capital out
there” but the cost is high, around 12.3 per cent.
Lisa Cohen of Summit
Bancorp also stressed that adverse media reporting “is a bigger issue with the
banks than you might think” and that it “underscores the need for getting a
global privatisation voice out there.”
Her advice to the
companies was “take the credit guys out, give them tours and explain the
issues” and “under promise and over deliver as much as you can.”
In her view, speculative
prisons (where a prison is built before the company has a contract to hold
prisoners there) were “too much for the banking industry to absorb.”
Another banker, Michael
Harling of Municipal Capital Markets Group said that, because of investor demands for higher and higher
profits, “some operations had suffered due to the need for profits.”
His concerns as a lender
were: the source of prisoners; the management team at the facility; the
duration of contracts; governmental participation; geographic location; and
political stability.
“They (lenders) don’t care
what it is operating as, as long as it is spinning off cash,” he said.
It was generally agreed
that public sector borrowing was cheaper than the private sector and that
municipal financing of new prisons creates true public/private partnerships.
Corporate growth
Wayne Calabrese of
Wackenhut Corrections Corporation said that the industry “needs to be proactive
in promoting privatisation to legislators and executive branches - that’s how
we got started 15 years ago.”
He also argued that the
industry needs to work with the public sector to refine the terms of the
RFPs/RFQs/SOWs. Although he recognised that it would be hard for companies to
talk in a group as “they have issues”.
On securing and expanding existing contracts, it
was, he said, “most important to
maintain a relationship with the contract monitor, key client representatives
and elected officials” and to provide “an additional level of meaningful
information to the client.”
Companies needed to
organise “not as a lobbying group but as a voice for the whole industry” as
“when attacks are made and the stories are selling papers, the truth is not
always adequate” and “public perception matters.”
Mr Calabrese’s view of
growth was to continue to not only meet
the needs but also to “anticipate the needs”, mentioning alternatives to
incarceration, therapeutic communities, specialised services and education
as examples.
Overseas, particularly in
Central America, there are “a number of
opportunities brewing,” he said.
“Our market is any stable,
non-corrupt government with decent [correctional] officer wages.”
CCA’s view
Corrections Corporation of America’s director
of special projects, Laurie Shanblum, said that CCA was “going to get out of
the ditch” and that the company’s strategy was “under development.”
“Arrogance is deadly” she
said, and when mistakes happen companies need to “get out in front” and go to
clients “before you get called in.”
It was important to “know
the fabric of the community, the state and local universe.”
She also called for
greater flexibility in contracts, arguing that “we need to rethink the
framework of the contracts, given the growth and evolution of the whole
business” so that in the event of unforeseen circumstances “we can come back
and discuss the variables.”
MTC
Since 1 January 1998,
Management and Training Corporation has increased its contracted adult beds
from 3,034 to over 10,400 - a 329 per cent increase.
It claims to have never lost
an existing contract and has 15 significant marketing projects throughout the
US, Canada, South Africa and Australia.
The company is not
publicly traded, a decision “based on the potential danger of being forced to
reverse our present long-standing corporate values and priorities ... because
of potential pressures from stockholders.”
US - local jails the target
A future trend identified
by Charles Turnbo of Correctional Systems Inc, a Colorado based company
specialising in community detention and correctional programmes, was that local
jails “will likely replace prisons as the target for private operators.”
According to Mr Turnbo,
in 1999 there were 605,943 prisoners in local jails and only 1.7 per cent of
local jails are privatised. Fifty per cent of jails have 50 beds or less; the
second largest group has 100-500 beds.
He also suggested that
“the market will explode” for city
jails.
The use of offender paid
programmes would increase, he said, as his company had “talked to judges about
alternative sentences” and, as he put it, “to tell them what they need.”
Offender paid programmes
are where those convicted ask the judge
for alternative sentencing. If this is approved by the court, the offender pays
his/her own way through the scheme. If an offender then fails to pay for
whatever reason, the courts can pay the cost and the company does not lose out.
Attack on the legal front
“There needs to be a
concentrated effort to establish defences that will benefit the private sector
in the long term,” argued Robert S. Lafferrandre, a lawyer with the Oklahoma
City law firm Pierce Couch Hendrickson Baysinger & Green, LLP.
Speaking about the rights
of prisoners and detainees in public and private facilities, he argued that “it
is clear that the private sector does a better job” and, in his view, “the
attempt to assail privatisation of imprisonment for crime ... as an unconstitutional delegation, fizzled.”
The summary of this event will continue in PPRI # 38
Nader says no to prison business
US presidential candidate Ralph Nader has criticised the private prison industry and his opponents for encouraging its growth.
He called on Al Gore and George W. Bush to tell corporations to “get out of the prison industry”.
Speaking at Youngstown
State University, Ohio, on 27 September
2000, Mr Nader referred to the prison industry as “one of the most
ill-conceived ventures corporations have ever entered into.”
He also challenged Vice
President Gore and Governor Bush to return more than $100,000 that private
prison companies have donated to the democrats and republicans.
CCA’s Northeast Ohio
Correctional Centre (see PPRI # 18, 19, 23-26, 28 and 35) is
inYoungstown. The company is planning more facilities in the area.
“The goal of the criminal
justice system should be to
He added: “So-called cost
saving techniques have resulted in reductions in human rights and health care
quality for inmates, and under-prepared staffs unable to deal with violent criminals or even inmate escapes. For those
interested in the economics, studies have shown that private prisons are just
as expensive to the taxpayer as public ones, without factoring in the manifold
costs to society of a poorly run correctional system.”
“It doesn’t take rocket
science to figure out what drives this industry. Politicians pander to fears of
crime, the prison population booms, and corporations view what should be
considered a national crisis as a profit-making opportunity.”
Nader also noted that
communities like Youngstown which have suffered from the loss of manufacturing
jobs and high unemployment rates are especially vulnerable to corporate prisons
moving in.
“CCA sold this prison as
a valid form of economic development, received tax breaks and free utilities
from gullible public officials, and is
now underpaying its own workers.”
Mr Nader is the only
presidential candidate to oppose private prisons. While he is unlikely to win
the election, he has substantial support.
Prison Realty becomes CCA again
Prison Realty Trust has
merged with its ‘primary tenant’ Corrections Corporation of America (CCA), and
the largest owner and operator of private prisons in the US has reverted to the
CCA name (see PPRI #35 and 34).
Some 75 per cent of
shareholders approved the merger and restructuring on 12 September. This means that Prison Realty Trust is giving
up its tax advantageous status as a Real Estate Investment Trust (REIT)
beginning with the company’s 2000 tax year.
A January 1999 merger
with Prison Realty, a REIT formed in 1997 to own and lease company prisons,
proved disastrous. The company incurred financial losses; it was unable to
raise new capital or fill prison beds; it was sued by disgruntled investors;
and its stock price crashed.
Doctor C. Crants, a founder of CCA and the
chief executive officer was fired and replaced by John D. Ferguson who was most
recently the State of Tennessee’s Commissioner of Finance and Administration.
On announcing the latest
restructuring, Mr Ferguson said: “The merger of Prison Realty and CCA is the
first step in streamlining our corporate structure. The reconsolidation allows
our management team to improve operations, enhance customer service and reduce
costs.’’
He plans to increase
prison occupancy levels, improve profit margins, sell non-core assets, and
strengthen the company’s capital structure.
n The Prison Realty/CCA shareholders meeting was the focus of a demonstration by the Public Safety and Justice Campaign, a coalition of faith groups, human and civil rights organisations and labour unions (see PPRI # 34). Over 100 people protested in front of the Union Station Hotel in Nashville to try and persuade shareholders not to vote for the merger. A ‘no’ vote would have left the company’s future in doubt.
Sodexho: in or out?
Sodexho SA is giving
mixed messages about its future plans for investing in Corrections Corporation
of America (CCA).
The French company owns around eight per cent of CCA’s shares and has come under pressure from students at 50 campuses in the US demanding that it divests itself of its involvement in the prison industry.
Sodexho also owns 47 per
cent of Sodexho Marriott Services a company which provides food services at 500
college campuses (see PPRI # 34). But in a message posted
recently on Sodexho’s website, chairman Pierre Bellon stated:
“Today, we face a
challenge in North America over the issue of for-profit prisons. A handful of
activists have called into question the integrity of Sodexho Alliance and
Sodexho Marriott Services with a series of baseless and inflammatory
accusations. I want to address this issue clearly and openly.
In June 1994, Sodexho
Alliance made an investment in Corrections Corporation of America, which today
amounts to less than eight per cent of the company’s outstanding shares, after
the restructuring.
Sodexho Alliance has
obligations to its shareholders to manage its investments prudently, and with
CCA shares at historically low price levels, and the company in the midst of a
turnaround effort under new management, now is not the right time to sell that
stake. However, we commit today that once the contemplated recovery plans have
been carried out by the new CCA management, Sodexho will divest its shares.
I want to assure the
clients, customers and employees of Sodexho Marriott Services that Sodexho
Alliance understands what’s at stake and will fulfill this commitment.”
But, in addition to its investment
in Corrections Corporation of America, the French multinational now also owns
100 per cent of Corrections Corporation of Australia and UK Detention Services
Ltd, acquired as a direct result of CCA’s restructuring plans.
It also operates non custodial services in prisons in France and Belgium and is looking
to expand this business. It is also involved in controversial voucher schemes
for asylum seekers in the UK and Germany.
In response to Mr
Bellon’s statement, Kevin Pranis, a spokesperson for Not With Our Money
Campaign said:
“Sodexho Alliance must
divest itself completely from the for-profit private prison industry including,
but not limited to, the company’s shares of Corrections Corporation of America,
Corrections Corporation of Australia and UK Detention Services Ltd by 1
April 2001. Until
we receive a letter from Pierre Bellon pledging to divest by the April
deadline, students will continue to work to kick or keep Sodexho Marriott
Services off of our campuses.”
Contact: Not With Our Money! Campaign c/o Kevin Pranis, Grassroots
Leadership/Prison Moratorium Project c/o DSA 180 Varick Street, 12th Floor, New
York, NY 10014, USA. Tel ++1 646 486 6715; Email: kpranis@nomoreprisons.org
n
Pierre
Bellon’s full statement is on the internet at www.sodexho.com/sodexhoAnglais/informer/
display/dcs/l3.htm
Securicor’s troubles in Florida
Securicor New Century,
the US subsidiary of the British company Securicor PLC, has been criticised by
monitors for its operations at Sago Palm Academy in Florida.
Richmond, Virginia based
New Century has run the 350 bed facility for boys aged 13-18 years old since
October 1999.
According to Florida’s
Department of Juvenile Justice, “some of the issues of most serious health and
safety concerns include: security practices, behaviour management, staffing,
incident reporting, lack of internal communications, and the fact that the fire
marshal’s report for this facility has not been provided.”
The monitoring review was
conducted between 19-24 July 2000 and published in August.
The report noted that:
“the monitors were given full access to the facility, however, on one occasion
youths were reprimanded after talking to us. Youths should be assured that they
may converse with the monitors without fear of reprisals.”
Other findings included:
n
the
monitors’ overall impression of this facility was unfavourable;
n
there
was a lack of good order, control and discipline;
n
there
was a general lack of constructive activity;
n
Securicor did not have counselling
or social skills enhancement programmes operating as required by contract;
n
security problems were evident;
n
facility administration was poorly structured and organised;
n it was
unclear who was in charge of Sago Palm Academy;
n
penalties had been imposed on the vendor for not reporting incidents to the
Inspector General on a timely basis.
Incidents of abuse
included:
n
March
2000 - a youth suffered a broken arm due to the use of excessive force by
staff: two staff members were fired as a result.
n March
2000 - a youth was handcuffed and shackled to a medical bed for approximately
14 hours following an attempted escape. Two high ranking staff, one of whom was
the facility administrator, received written reprimands.
n May 2000 - excessive force was used. One staff member was