Privatise prisons to ease overcrowding, says criminologist

GEORGE TOWN: Privatising prisons would be a better solution to overcrowding than refurbishing old facilities, says a Universiti Sains Malaysia criminologist.

Datuk Dr P. Sundramoorthy said the idea of privately-built or operated prisons was not new.

"Private prisons exist in several countries, including the United States, Britain, Australia, France and New Zealand.

"Generally, they operate where private interests receive concessions to build, own and operate such facilities.

"It is similar to what Malaysia did with toll roads, land reclamation and other privatised projects," he told The Star on Thursday (Jan 5).

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Sundramoorthy was referring to Home Minister Datuk Seri Saifuddin Nasution Ismail's announcement that several prisons would be upgraded and those over 100 years old redeveloped to make them more conducive for inmates and Prisons Department staff.

Sundramoorthy acknowledged that the privatisation debate applies at many levels, from the philosophical to the practical.

"Some may ask what role private enterprise should play in the nation’s punishment and rehabilitation of incarcerated offenders.

"The privatisation of prisons should be considered only for those incarcerated for non- serious non-violent crimes and white-collar criminals.

"The proposed concept is that the above category of offenders must bear the cost for incarceration.

“However, the existing prison (infrastructure) and system must be maintained and privatisation will only be applicable for new prisons.

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"From a certain ideological standpoint, behind prison privatisation there lies the idea that free market forces will deliver greater efficiency and performance than the public sector.

"More rationally, for some the attraction of privatisation is that private resources are needed to meet the challenges posed by an ageing prison infrastructure and overcrowding of the prison population," he said.

He added that a significant advantage of prison privatisation is its impact on stimulating and advocating public sector reform.

"The operators believe they can run the prisons more efficiently than the government.

"Theoretically, the scenario is a win-win: the government has a cheaper service and the private entity makes a profit.

"Moreover, governments need not find the capital to construct new prisons where cost is high," he said.

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Success in privatising prisons would be highly dependent on the care taken in developing a public policy on crime and punishment, he added.

This would include a long-term plan, a management procurement process, identification of all costs incurred, a contract that includes performance standards, guidelines for choosing a contractor, details on executing the contract, and standards for monitoring the contract.

"A Cabinet-approved special task force must be formed and made of various stakeholders.

"In addition, amendments to the Prisons Act 1995 are required.

"It is important that the government reduce overcrowding by preventing first-time non-serious and non-violent offenders from entering prison.

"A policy on probation must also be incorporated.

"The government must put a high priority on the strategic changes required in prison reform which includes privatisation, as well as a definitive and sustainable policy and philosophy on crime and punishment," he said.

Meanwhile, he noted that one of the most critical challenges confronting the criminal justice system is overcrowding.

"Securing and humanely housing a large prison population has placed a major burden on Malaysia's Prisons Department and criminal justice system.

"Overcrowding has a major financial implication on institutional confinement and the humane treatment of inmates," he said.

On Tuesday (Jan 3), Saifuddin said among the prisons identified for to be upgraded or redeveloped are the Alor Star prison in Kedah; Penang Prison, the Kamunting Correctional Centre (Perak) and the Pengkalan Chepa Prison in Kelantan.

"We are going with this (approach). We do not want to build new prisons because we want to reduce the crime rate and convictions.

"This is also to create prisons with more humane conditions to live in," he said.

He told reporters this after an official visit, along with his deputy Datuk Seri Dr Shamsul Anuar Nasarah, to the Prisons Department headquarters.

Saifuddin also said the Home Ministry would add more officers and personnel and also expedite the hiring process.

He said the Prisons Department needed 1,300 officers and uniformed personnel as well as some 180 non-uniformed staff to fill its staffing requirements.