Change in the way N.B. counts people in jail makes the correctional system seem more crowded

For the last year, New Brunswick government officials have said the province needs to build a new $38-million jail in the Fredericton region because the correctional system is stretched to capacity.

The government's figures show the male correctional system had an average of 512 people in it as of Dec. 31, which would be more than 40 people over the capacity of 470.

But in reality, provincial jails were only over capacity by eight people on average during that timeframe, a CBC analysis has found.

The stark difference stems from a quiet change the province has made to the way it calculates the number of people in provincial jails.

For years, the province has published figures in its annual report that capture the number of people actually sitting inside jails.

Now, the province is also counting the number of people who aren't physically in jail, but serving their sentences in the community — and who may have to go to jail if they breach the conditions placed upon them.

Public Safety Minister Kris Austin says the government's new method of counting the number of people in jail provides a more accurate picture of how many people fall under the system's watch.

"Whether they're actual inmates at the facility or if there are people that have been released with certain safeguards upon their release and being checked upon, it's still the responsibility of the facility to look after these folks, and in the event they have to bring them back, that issue is always there too." 

But the government's numbers don't match up with the reality of the number of people who end up spending time in provincial jail, and makes it seem like the facilities are more crowded than they actually are.

In 2019-20, the government's numbers suggest the male correctional system was responsible for 478 people on average, which would be slightly over the capacity of 470.

Not all of those people breached their conditions and found themselves in jail.

In reality, only 436 people were in jail on average in 2019-20, far below the 470 capacity mark, according to numbers published in the department's own annual report.

The figures also show jails weren't at capacity during any other year dating back to 2012, when the department started publishing the average count of people in jail in its annual reports.

When presented with those findings, Austin doubled down on his government's figures.