No. 41 June 2001 ISSN 1363-9552
Published in London by the Prison Reform Trust
IN THIS ISSUE
Netherlands Antilles: Wackckenhut has informant network in place; 23 escape
Faced with recommendations by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) to improve prison infrastructure
and develop practices in line with UN standards, the Government of the
Netherlands Antilles turned to private sector expertise to provide solutions
(see PPRI # 37 and 30).
In 2000, the government awarded a contract to Wackenhut Corrections Corporation (WCC) to renovate the
existing Koraal Specht prison
in
WCC had also wanted to privately finance the project but the
government opted for finance offered by the Dutch government.
With the correctional officers still employed by the
government, the company took on the massive task of implementing the CPT’s recommendations.
The escape of
23 prisoners from
PPRI has seen a report,
Correctional Facility Koraal Specht:
Special Report on Security Issues, dated
“According to the contract between the Public Entity of
the Netherlands Antilles and WCC, this company bears the portion of the design
risk associated with the suitability of the approved design and the quality of
the materials for their intended purposes , as described and approved by the
Government ... as such, WCC can be held responsible if the facility as a whole
or its components in particular prove not to be reasonably failsafe.”
The
Contract Management repeatedly requested that the security of the facility
during construction was guaranteed on the same level as in the final situation.
Therefore severe security measures have to be taken and maintained for the
building site to control possible risks. The firm also stated that “the
report is not intended to be an in depth study of all security matters of the
facility, but only to highlight some concerns of the Contract Management and to
indicate directions for improvements.
1.
Perimeter fencing.
The fact
was mentioned that the perimeter fence consisted of only one chain link fence.
The standard in Dutch prisons is a 5m high concrete wall on the outside perimeter
with taut wire detection and cameras on top and a chain link fence between the
building and the concrete wall. Also, concerns were expressed about the
complete lack of a continuous perimeter fence at the east side of the facility.
2.
Patrol road.
Concerns
were expressed about the discontinuity of the patrol road at the north side of
the facility and about the effectiveness of the patrol road. Item 03.04 of the
minutes of project meeting number eight of 27 March 2000 reads as follows: ‘The
patrol road should be continuous along barracks of H.01. According to [WCC’s] Brian Curley the patrol road is very important in
prisons of WCC. Every few minutes a control vehicle will pass around the
facility. Sometimes control vehicles will be stationed at every corner of the
facility.’
3.
Cell fronts.
Many
discussions took place about the quality of the cell fronts, like corrosion
resistance, the necessity of galvanisation, the welding of galvanised parts,
the anti -corrosion treatment of the welds and the bolting to the walls.
Additional safety measures had to be taken on Housing Unit 1 on request of the
Contract Management at the substantial completion.
4.
Cell louvres.
Many
discussions took place about the corrosion resistance of the louvre windows in cells, the strength of the louvres, the addition of extra bars and the bolting to the
walls with spikes. Additional concerns are that prohibited items can be passed through the louvres from the outside and that visual contact exists
from the cells with the area outside of the facility.
5. Emergency exits.
The
design and control of the emergency exits was a continuous concern of the
Contract Management in relation to fire safety and risks of breakouts or
intrusions from the outside.
6.
Control of personnel on the construction site..
The control of construction personnel appears to be insufficient. Even after the escape of six inmates, construction workers were working next to the fencing with cutting equipment without any surveillance.
The escape
of six prisoners
Regarding
the escape itself, the firm states: although the Contract Management does not
dispose of an official report of the escape ... the following could be deducted
(sic) from given information by the prison officials:
It is
also not understandable or acceptable that all work by the intruders could have
been done without being noticed by guards. This indicates that, in any case,
the area outside the prison is not being patrolled.
In the
facility several risk areas can be identified:
1.
Perimeter fence.
One
chain link perimeter fence is not suitable for this correctional facility,
especially not without a very strict and regular surveillance and patrolling of
the site. The
building of a closed concrete wall around the perimeter with detection wires on
top, monitored from the central control room seems unavoidable.
2.
Emergency exits.
The
emergency exits in the corner of the housing units cannot remain as is. As was
explained by WCC during the design stage these doors are also intended as a
second entrance for assistance in case of riots in a certain unit. If the doors
are to remain for functional reasons they have to be replaced by doors with a
much higher level of security protection and electronically controlled.
3/4. Sally port of the kitchen and at the vocational building.
These sally ports should be controlled by cameras monitored from the central control room in the administration building. Security electronics (monitoring/cameras) are explicitly excluded from the contract with the exception of four electric locks at the central control entry area.
5.
Porters lodge.
From the start of the project the government representatives expressed their concerns about the distance between the porters lodge and the main entrance for the facility. These concerns remain.
6.
Locks of cell fronts.
The throw of the dead bolts of the locks of the cells does not appear sufficient, considering the possibility of forcing the cell doors from the fixed steel frame.
7.
Security louvres in cells.
The attachment of the security louvres in the cells with spikes was intensively discussed in the project meetings. The Contract Management still has concerns about the security of the attachment, the water tightness of the louvres and the visual contact that exists from the cells with the area outside the facility.
Conclusions
1. To
request Wackenhut Corrections Corporation to give
detailed accounts of the incident of the escape of six inmates from the
facility on 24 March 2001, both in relation to the building design and
operations.
2. To
request from WCC a detailed report on security and safety issues of the
facility, describing the suitability of the facility as a whole and the
components in particular. This report eventually should contain recommendations
on how to improve the building and its operations.
3. To
have an independent security expert on correctional facilities screen the total
facility on security issues and advise on extra measures to be taken to improve
these. The Rijksgeebouwendienst from
4. To
take temporary measures to control the facility with extra surveillance until
final measures have been taken to improve the security of the facility.
Wackenhut’s quarterly reports
PPRI has also seen copies of the WCC
Interim Service Team’s (IST) Quarterly Reports to the minister of justice. The
first covers the period
It noted
that, to date, a total of approximately 160 officer/hours training has taken
place on ... cell searching, prisoners’ supervision, non-violent crisis
intervention, fire safety and coping with stress. Training will continue to
feature as a high priority ...
n three
escapes from the half open barracks;
none suicide;
ntwo mass refusals to go to cells
for lock up;
nan attempted escape by five
prisoners;
nan attempted escape by two
prisoners and subsequent discovery of cuts in cell bars in two further cells;
nsix instances of prisoners
receiving injuries which required the attention of Health Care Services;
nfive
incidents involving discovery of marijuana.
The
company also noted that: it is a matter of record that middle and senior
managers have not operated effectively for some time.
Network of informants developed
The company’s second
IST report covered the period 1 January to
During the past five months but particularly during the past three months, a
rudimentary network of prisoner informants has been developed. Individual
members of staff have contact with individual prisoners from whom they obtain
information about what is taking place in the prison sub-culture. It has been as
a result of this information that the full searches of cell units have taken
place. In January we were provided with information sufficiently detailed to
allow us to make the first find of firearms. During recent weeks the nature of
this information has changed slightly to include allegations of corruption by
named members of staff. It was this development which prompted us to seek to
involve the police in investigating, which in turn led to the investigations by
the Prosecutor General’s staff. We were delighted and gratified when the
Minister decided to appoint a Commission of Inquiry into corrupt practice in the prison. We
shall provide them with our full support and co-operation.
The report also noted that:
nthe construction and renovation
dates provided by Hensel Phelps International and
quoted in the previous quarterly report have not been met;
nprisoners were able to occupy Houseblock One on 6 February and Houseblock
Two on 15 March.;
nit seems inevitable that the
first three dates [forecast for the
remaining new buildings, Houseblock Three, the
kitchen, vocational building and administration building] will not be met;
ntraining courses on 15 different
subjects have been attended by 319 employees
nthe quarter has seen a number of
serious incidents. February in particular was turbulent;
Serious
incidents reported included:
nnine full scale searches of
prisoners’ living units with the detection of much contraband, including drugs, tools,
prison-made weapons, factory manufactured hand guns, zip-guns and ammunition;
nfive
incidents of cell bars being cut;
none incident when it is believed
a shot was fired;
none incident of a prisoner firing
two shots at another prisoner;
nseven incidents of prisoner
violence against prisoner;
none
incident of mass disorder involving a prisoner taking an officer’s keys
and releasing other prisoners who then proceeded to damage the fabric of the
building.
Force, including chemical agents and the presence of a dog was necessary to
bring the incident under control. No serious injuries were sustained by staff
or prisoners.
none
incident during which a visitor was detained in possession of marijuana. He was handed over to police;
none incident of a prisoner
escaping from an outside hospital;
none incident of six prisoners
escaping from the prison;
none incident of the uniformed
staff walking out of the prison for five hours;
none incident of an officer being
suspended as a result of an accumulation of information that he was bringing
contraband into the prison;
none incident of disorder during
which prisoners broke furniture and burned some clothing and
other linen.
nThe CPT’s 1999 report on the
Koraal Specht prison is on
the internet: www.cpt.coe.int/en/reports/inf2000-ogen.htm#APPENDIXII
The Government of
PPRI has seen a copy of Report On The
Proposed New Central Prison Complex for the Government of Lesotho dated
March 2001.
nit offers an insight into the private
sector’s marketing efforts in
nit reveals how the companies’ operations are
presented in their best light;
nand it also indicates how both private prisons and private
financing for the provision of new infrastructure are argued for: traditional
public procurement methods are dealt with in two paragraphs while the private
finance initiative warrants two pages.
But the report
also shows how fast such negotiations can take place and set the political
agenda. This, in turn, can
make it difficult for a locally based alternative criminal justice
strategy - particularly crucial in emerging economies - to be considered.
Extracts from the
report are set out below.
Background
On
Following this visit we
received a formal request ... to put forward draft proposals for a 1,000 place
facility to house sentenced prisoners and awaiting trial prisoners to be be
located in
On 5 October representatives
from this organisation visited Government offices ... and met with the Hon.
Minister for Justice, Human Rights and Rehabilitation together with the
Director for Prisons and other state officials. ... we
gave a presentation on the proposed new facility ... these were left with the
Hon. Minister and his colleagues for further consideration. We were asked by the
Hon. Minister to continue the dialogue with officials in order to develop the
proposals to the point at which they might be presented for Cabinet
consideration.
Since then, work to progress
the proposals has continued apace and we have made a number of visits to
l general background and
progress to date;
l design philosophy and operating
procedures;
l funding and procurement options;
l next steps.
General background and
progress to date
In common with most other
countries in
Perhaps the most testing of
this dichotomy is the external pressure brought to bear on governments by
reference to, comparison with and criticism in respect of internationally
agreed standards on human rights ... this pressure does not derive from the
effects of overcrowding on the treatment
of prisoners per se but becomes intensified in the context of prison
buildings no longer suited to the reasonable expectations of the day with many
of them being crumbling relics, well in excess of 100 years old.
This somewhat depressing
scenario does not impact solely on the prison system itself ... the courts are
also affected by the high number of prisoners remanded for hearings and trials.
... the most underestimated area of importance is the cost of imprisonment vis-a-vis its achievements in directing prisoners away from further offending when released ... the cost of imprisonment to the taxpayer is only fully repaid in circumstances where the released offender refrains from further offending on his return to the community. In this respect, efforts to assist the prisoner to change his ways whilst in prison are an economic imperative which may be foolish to ignore...
l capacity:
the prison should be capable
of holding up to 1,000 prisoners ...this figure was later revised following
discussions around centralising all of Lesotho’s prison population within one prison
complex ... in Maseru .... all existing facilities
would either be closed, offered for alternative use, or, if commercially
viable, sold off to private interests.
l accommodation:
prisoner housing would seek to improve upon existing
conditions, would meet the legitimate concerns of international standards for
the treatment of prisoners but would be consistent with society’s justified
disapproval of criminal behaviour. Prison cells would not be overcrowded but
would be sufficient in size to accommodate 10 prisoners each sleeping in a
separate bunk bed...
l security:
security arrangements would be consistent with the type and
category of prisoner; would not be over reliant on the extensive use of
technology but rather would strike a balance between good staffing practices
and proven systems ...
l regime:
facilities were to be
provided for: education, the development of vocational skills; horticulture;
domestic and industrial work for prisoners; programmes which address and
correct the prisoners’ offending behaviour; adequate healthcare; catering;
visitation; both contact and non-contact recreation; and sport.
l management and
administration;
facilities would need to be provided for the effective and
efficient administration of the prison complex ...
More precise details and
consultation are needed to convert the above outline brief into a viable
project.
Design philosophy and operating principles
The prison complex will be
designed to combine maximum operating efficiency with cost effective
construction and running costs. The latest techniques and operating standards
will place the prison on equal standing with the best examples of prison design
and management in countries around the world. High levels of security and
personal safety will be matched by the latest programmes in prisoner
development. The achievement of internationally adopted standards in human
rights will be central to the operating objectives. Existing prison staff will
be re-trained by highly skilled and experienced prison trainers. Experienced
management will approach its work with total commitment and professionalism.
Staff development will be an ongoing feature of day-to-day operations.
The current design brief for
the prison complex is now at the stage where it can be presented for the
consideration of officials ... their observations and general input will be
important in bringing existing design development to the point of finalisation.
Funding and procurement
options
In looking to the government’s
central spending budget, ministers must take account of many competing demands as they address the needs of
the people. Not everything can be afforded at the same time, no matter how
desirable this might be. On the other hand, things which are important both to
sustaining public confidence on the one hand and to meeting the pressures of
international opinion on the other, cannot be put off continually.
In this respect governments
around the world are turning increasingly to the private sector in their
efforts to meet as many of their service delivery and infra structural needs as
possible. These procurement strategies are called by many different terms
although essentially they all come down to the same thing: that of using
private sector money to procure state assets the payment for which is then
linked to long term service contracts.
In the United Kingdom for
example, this process - known as the Private Finance Initiative - has been used
to procure billions of pounds worth of infrastructure, buildings and services
... perhaps the most successful example of this has been new prisons....other
related services are also contracted to the private sector including the transportation of prisoners to and from courts,
the management of prisoners at court throughout their trials and the electronic
monitoring of offenders in the community.
Procurement Options
Three main funding routes are
available:
... the
traditional route through which the respective government department lets a
tender for the construction of a new prison. Typically this tendering process
will require the private contractor to give a price and programme for the
construction of the prison based on a design supplied by the government ...
almost without exception, this process results in out-turn costs being
significantly higher than estimated costs.
The second route is by means
of a design/build contract. This route includes a requirement for the
contractor to submit the design of the prison and part of his proposals. The
outcome remains broadly the same with out-turn costs significantly higher than
estimated costs.
Both of the above examples
require the government
to meet the entire burden of capital costs upfront from its
annual budget. Moreover, once the defects liability period expires (usually
after one year) the continuing costs of maintaining the buildings remain with
the government forever.
The third route is that of
the public/private partnership. PPP is based on the following three principles:
l the decision to procure a
service based on an asset owned by the private sector;
l the transfer of risk from
government to the private sector;
l the
need to achieve ‘value for money’.
... with the prisons in the
UK, Australia and South Africa, the private sector consortium actually meets
all capital and financing costs for the design and construction of the prison.
Rather than paying for the prison building itself, the government pays a daily
fee for each prisoner place that the contractor makes available. If the place
is not available for any reason then the government does not pay for that
place.
... the
daily fee takes account of the need for the contractor to repay the capital it
has needed to borrow ... and also for the costs of the day-to-day operation and
maintenance of the prison. In order to reduce the annual burden on the
government, these fees are spread over a period of 15 to 25 years at the end of
which term the prison becomes the property of the government.
In order to rid itself of the
traditional costs of procurement, under the PPP route the government looks to
transfer as many of the risks as possible to the private contractor.
... for
the government to be able to justify this, or indeed, any route of procurement,
it needs to be able to demonstrate that it is achieving true value for money.
In respect of this particular route the following assessment criteria will be
useful:
l comparison of the net present value of the project with
traditional public sector benchmarks for similar projects;
l
calculation of the added value in terms of improvements in the
quality and delivery of the services it is looking to secure;
l the value attached to the level of urgency for the speedy
delivery of the new asset/service;
l the value it places on being
able to divert capital to other priority areas.
The consortium believes that
... the project could be started very soon and should be completed in a period
of around 18-20 months.
Tender for immigration contracts
The government
is claiming that the competition is
to ensure best value
for money and not because of the series of riots, escapes, allegations of
mistreatment and other problems that have plagued some of the centres.
The company’s
contract is not due to expire until December 2008 and the government has turned
down ACM’s offer to continue for a further three
years.
On
n Corrections Corporation of Australia Pty Ltd (now
AIMS, see PPRI # 38) has lost its legal challenge to the department of
immigration and multicultural affairs’ (DIMA) 1997 tendering process that
resulted in ACM being awarded the contract to run immigration detention centres
and provide escort services (see PPRI #39).
The company also alleged that
DIMA had made a number of false representations to induce CCA to participate in the tendering
process.
Corrections Corporation of
Australia Pty Ltd v Commonwealth of
ACM ‘losing money’ on contract
Within weeks of Australasian
Correctional Management (ACM) retaining its contract to operate the Junee Correctional Centre in New South Wales, staff took
industrial action over the introduction of 12 hour shift arrangements in May
(see PPRI # 40, 38 and 35).
The commissioner was said to be “very disappointed” that ACM did not adhere to her recommendations for roster changes and she has ordered an arbitration hearing for the end of June to resolve the dispute.
Death #12 at Arthur Gorrie
Twelve prisoners have died
from unnatural causes at the Australasian Correctional Management-run Arthur Gorrie Correctional Centre in
She told the
ACT: public ownership but...
The Australian Capital
Territory Government (ACT) has opted for public financing and ownership of a
new 480 bed prison complex (see PPRI # 38, 35, 30 and 25).
The estimated capital cost is A$110m with the running costs likely to be between A$16m and A$18m.
The facility will be
privately built and
should open in 2004. It will then no longer be necessary for ACT
prisoners to be sent to prisons in
n Consultants Rengain P/L
were commissioned to advise the government on its prison procurement strategy. Rengain’s report is on the internet at: www.cs.act.gov.au
Sodexho sells stake in CCA
Sodexho SA announced on
nwill provide services to prisons only in those
countries which are established democracies, where the death penalty is illegal
and which have rehabilitative policies for inmates;
nwill not own any prison or jail facility;
nwill not provide services requiring our employees to
carry firearms.
According to the company, the
services it provides to 17 prisons in
A stock analyst’s view
“We believe troubled economic times favour the industry,” notes
James MacDonald in his latest report on what he calls the ‘offender management’
industry in the
His views include:
nWhile the industry is experiencing a profits squeeze,
looking ahead we see slackening labour markets and a profit margin recovery.
While state prisoner growth has slowed and we expect federal opportunities to
provide the bulk of new bed wins in 2001, in the intermediate term we also
expect to see at least a modest acceleration of state prisoner growth rates due
to economic conditions.
nWe believe many stock valuations can recover an
additional 20 per cent to 30 per cent on current earnings power, assuming a
modest amount of positive news. Company valuations in 2000 reached lows that
clearly questioned whether they would remain viable. We believe this was a
market overreaction to the specific problems of industry leader Corrections
Corporation of
nWe expect two major developments to improve the
capital shortage problem... first, the federal government has issued new
guidelines allowing the Federal Bureau of Prisons to enter into long term
contracts. Second, we think we may finally see a completed sale-leaseback
transaction which could provide a blueprint for industry financing. In the
longer term, over the next several years we expect the financing pendulum to
swing away from private finance and back towards municipal finance of state
facilities.
nWe believe the industry has been overlooked by
institutional investors because no industry player currently has an equity
market capitalisation above $500m. Over the next several years we are looking for
a leader to break the ... barrier and bring interest back to the industry.
Offender Management: 2001,
James R. Macdonald, First Analysis Securities Corporation, Sears Tower, Suite
9500, 233 South Wacker Drive, Chicago, Illinois,
60606. www.firstanalysis.com
What future for Public
Services? Private Finance Initiative and Public Private
Partnerships, published by the Centre for Public Services. The full
report is only available on the CPS website: www.centre.public.org.uk/briefings
Centre for Public
Services,
This new report investigates
the impact of the growing trend of using Private Finance Initiatives (PFI) and
Public Private Partnerships (PPP) to fund public services both in the
The General Agreement on
Trade in Services: Report of a Seminar held by the World Development Movement
on the World Trade Organisation’s
General Agreement on Trade in Services (GATS) on 29 March 2001. WDM
www.wdm.org.uk
This report explains the broad coverage of GATS and the potential threat to public services. It discusses key issues and also lists online resources.