It provides a view of recent developments in the United States, the United Kingdom, Australia, and New Zealand. It excludes details of the private sector’s record in operating both juvenile correctional facilities and facilities for immigration detainees where, arguably, some of the worst abuses have taken place recently.

It contains information about prison privatisation that would not be found in the marketing material presented to governments by private prison operators, their lobbyists or the “think tanks” which promote privatisation.

It is far from being a complete history of prison privatisation from around the world. Nor does it deal with every argument for and against prison privatisation.

But the information presented here should be enough to alert the government of Ontario that the policy it is seeking to implement is not only unproven but, in the words of the Minister for Corrections of the Government of New Zealand:

“There has been an experiment overseas - driven by ideology - to introduce private prisons and it hasn’t worked. The ideology-driven belief that ... private is better is not suited to our prisons, and this government won’t let New Zealanders become guinea pigs for an experiment here.”1

Further, privatising prisons is too crucial a decision to make without an informed public debate about the ethics, morality and legitimacy of this policy; the accountability and probity of the corporations involved in the industry; and the efficacy of this industry influencing criminal justice policy.

As Sir Leon Radzinowicz, one of the world’s most distinguished criminologists wrote:

“...in a democracy grounded on the rule of law and public accountability ... it is one thing for private companies to provide services for the prison system but it is an altogether different matter for bodies whose motivation is primarily commercial to have coercive power over prisoners.”2

1.1 Ontario’s decision

Privatisation of correctional services in Ontario is not new. In 1980/81, Ontario’s Ministry of Corrections had over 160 contracts with the private sector valued at over $7m. By 1996/97, the value of contracts had increased to $25.9m.

Now, much more of Ontario’s correctional system is contracted out to both for profit and not for profit organisations. As yet, no independent evaluation of the success (or otherwise) of these privatised services has been carried out. But despite the ever-increasing role of the private sector, no prisons for adults have, so far, been privatised in Ontario.

According to Robert Runciman, Ontario’s former Solicitor General and Minister for Corrections, “It has always been our intention to explore the possibility of expanding the involvement of the private sector in corrections as a means of increasing efficiency and reducing costs to the taxpayers. We’re inviting private companies to tell us how they can help the Ministry ... while maintaining Ontario’s high standards of public safety and good correctional practices.”3

By October 1998, Mr.. Runciman had changed his mind. He announced that new prisons planned to replace a number of the province’s aging smaller facilities would not be privately run.

“There are a whole range of issues around privatisation that have not been properly addressed, and public safety is number one. There were some issues raised in the United States recently regarding private operations that raised a number of concerns,” said Runciman. But he also said that privatisation would be possible in the future if a company can make a case that it could run the jails more cheaply and with the same safety standards.4

At the time, those concerns focused on problems at the Northeast Ohio Correctional Centre in Youngstown, Ohio, run by Corrections Corporation of America (CCA), the largest private prison operator in the U.S. In the first two years of that facility’s operation two prisoners were murdered, there were at least 14 other stabbings and six prisoners, including five convicted murderers, escaped. CCA and Washington D.C., whose prisoners were held at the facility, settled a subsequent class action lawsuit filed by prisoners for U.S.$1.65m in damages and a further $765,000 in legal costs.

Then, last November, the current Ontario Minister for Corrections, Mr. Robert Sampson, announced that at least one adult correctional facility in Ontario would be privately run.

If Ohio’s problems have been resolved sufficiently for Mr. Sampson, at least one Ohio State Senator is still reeling from the experience. In a letter dated 29 February 2000 to Ontario Premier Mike Harris, Senator Robert F. Hagan said:

“Ohio’s experience with private prisons has been to date ... eventful yet wholly regrettable ... given my district’s history with private prisons and reports of similar events at other private prisons in the United States, I would respectfully urge you to reconsider your position on the construction of a private prison in the Province of Ontario.”

How have the government’s fears about privatisation been allayed?

Unfortunately, no policy documents detailing the reasoning for this decision have been published. Informed public debate has been stymied.