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Wikipedia

Private prison

A private prison, or for-profit prison, is a place where people are imprisoned by a third party that is contracted by a government agency. Private prison companies typically enter into contractual agreements with governments that commit prisoners and then pay a per diem or monthly rate, either for each prisoner in the facility, or for each place available, whether occupied or not. Such contracts may be for the operation only of a facility, or for design, construction and operation.

Global spread edit

In 2013, countries that were currently using private prisons or in the process of implementing such plans included Brazil, Chile, Jamaica, Japan, Mexico, Peru, South Africa, South Korea and Thailand. However, at the time, the sector was still dominated by the United States, United Kingdom, Australia and New Zealand.[1]

Australia edit

Australia opened its first private prison, Borallon Correctional Centre, in 1990.[2]

In 2018, 18.4% of prisoners in Australia were held in private prisons. [3]

Arguments for and against edit

A 2016 article by Anastasia Glushko (a former worker in the private prison sector[4]) argues in favor of privately owned prisons in Australia. According to Glushko, private prisons in Australia have decreased the costs of holding prisoners and increased positive relationships between inmates and correctional workers. Outsourcing prison services to private companies has allowed for costs to be cut in half. Compared with $270 a day in a government-run West Australian jail, each prisoner in the privately operated Acacia Prison near Perth costs the taxpayer $182. Glushko also says positive prisoner treatment was observed during privatisation in Australia by including more respectful attitudes to prisoners and mentoring schemes, increased out-of-cell time and more purposeful activities.[5]

However, a 2016 report from the University of Sydney found that in general, all states of Australia lacked a comprehensive approach to hold private prisons accountable to the government. The authors said that of all the states, Western Australia had the "most developed regulatory approach" to private prison accountability, as they had learnt from the examples in Queensland and Victoria. Western Australia provided much information about the running of private prisons in the state to the public, making it easier to assess performance. However the authors note that in spite of this, overall it is difficult to compare the performance and costs of private and public prisons as they often house different kinds and numbers of prisoners, in different states with different regulations. They note that Acacia Prison, sometimes held up as an example of how private prisons can be well run, cannot serve as a general example of prison privatisation.[6]

Private immigration prisons edit

Several Australian immigration prisons are privately operated, including the Nauru Regional Processing Centre which is located on the pacific island country of Nauru and operated by Broadspectrum on behalf of the Australian Government, with security sub-contracted to Wilson Security.[7] Immigration prisons typically hold people who have overstayed or lack a visa, or otherwise broken the terms of their visas.[8] Some, such as the facility on Nauru, hold asylum seekers, refugees and even young children who can be detained indefinitely. In many cases people have been detained for years without charge or trial.[9][10] This, as well as poor conditions, neglect,[11] harsh treatment[12] and deaths[13] in some of the centers, has been the source of controversy in Australia and internationally.

Canada edit

There have been three notable private detention facilities in Canada to date, and all have either gone defunct or reverted to government control.

The only private adult prison in Canada was the maximum-security Central North Correctional Centre in Penetanguishene, Ontario, operated by the U.S.-based Management and Training Corporation from its opening in 2001 through the end of its first contract period in 2006. The contract was held by the Ontario provincial Ministry of Community Safety and Correctional Services. A government comparison between the Central North "super-jail" and a nearly identical facility found that the publicly run prison had measurably better outcomes.[14]

Two youth detention centres in Canada were operated by private companies, both at the provincial level. The Encourage Youth Corporation operated Project Turnaround in Hillsdale, Ontario under contract from the Government of Ontario from 1997 to 2004, after which the facility was shut down.[15] In New Brunswick, the multinational private prison firm GEO Group constructed and operated the Miramichi Youth Detention Centre under contract with the province's Department of Public Safety before its contract was ended in the 1990s following public protests.[16]

As of mid-2012, private prison companies continued to lobby the Correctional Service of Canada for contract business.[17]

France edit

The involvement of the private sector in prisons in France grew significantly between 1987 and the late 2000s, as reported by French scholar Fabrice Guilbaud.[18] France's system is semi-private: so-called non-sovereign missions (kitchen, laundry, maintenance) are delegated to private companies, while guard and security functions are left to the State. Organization of inmate labor in prison workshops is another task that has been delegated to prison management companies. There are however no prisons in France in which every aspect of the prison is run by the private sector, as in the UK. The French approach to privatisation therefore necessarily divorces security and production functions. Prison is a space of forced confinement where the overriding concern is security. The fact is that at several levels, and depending on the type of prison (high security or not), production logic clashes with security logic. Structural limitations of production in a prison can restrict private companies’ profit-taking capacities. A field study conducted by Guilbaud in 2004 and 2005 in five prisons chosen by prison and management type shows that the intensity of the tension between production and security, and the various ways in which this tension arises and is handled, vary by type of prison (short-stay, for convicts awaiting sentencing, or relatively long-stay for sentence-serving inmates) and type of management. The production/security tension seems better integrated in public-sector prisons than in those managed by the private sector in the sense that it produces fewer conflicts in them. This result runs counter to the widespread understanding that shaped the 1987 reform, the idea that introducing private enterprise and the professionalism associated with it into prisons would improve inmate employment and prison operation.

It is worth noting that in the UK, this problem is overcome by handing over all aspects of management, including both security and prisoners' work, to the operating company, thereby achieving the integration of the two.

Israel edit

Initial attempt edit

In 2004, the Israeli Knesset passed a law permitting the establishment of private prisons in Israel. The Israeli government's motivation was to save money by transferring prisoners to facilities managed by a private firm. The state would pay the franchisee $50 per day for inmate, sparing itself the cost of building new prisons and expanding the staff of the Israel Prison Service. In 2005, the Human Rights Department of the Academic College of Law in Ramat Gan filed a petition with the Israeli Supreme Court challenging the law. The petition relied on two arguments; first, it said transferring prison powers to private hands would violate the prisoners' fundamental human rights to liberty and dignity. Secondly, a private organization always aims to maximize profit, and would therefore seek to cut costs by, such means as skimping on prison facilities and paying its guards poorly, thus further undermining the prisoners' rights. As the case awaited decision, the first prison was built by the concessionaire, Lev Leviev's Africa Israel Investments, a facility near Beersheba designed to accommodate 2,000 inmates.

Israeli Supreme Court rejection edit

In November 2009, an expanded panel of 9 judges of the Israeli Supreme Court ruled that privately run prisons are illegal, and that for the State to transfer authority for managing the prison to a private contractor whose aim is monetary profit would severely violate the prisoners' basic human rights to dignity and freedom.[19]

Supreme Court President Dorit Beinisch wrote: "Israel's basic legal principles hold that the right to use force in general, and the right to enforce criminal law by putting people behind bars in particular, is one of the most fundamental and one of the most invasive powers in the state's jurisdiction. Thus when the power to incarcerate is transferred to a private corporation whose purpose is making money, the act of depriving a person of [their] liberty loses much of its legitimacy. Because of this loss of legitimacy, the violation of the prisoner's right to liberty goes beyond the violation entailed in the incarceration itself."[20]

New Zealand edit

The use of private prisons has also been tried, stopped and reintroduced. New Zealand's first privately run prison, the Auckland Central Remand Prison, also known as Mt. Eden Prison, opened under contract to Australasian Correctional Management (ACM) in 2000. In 2004, the Labour Government, opposed to privatisation, amended the law to prohibit the extension of private prison contracts. A year later, the 5-year contract with ACM was not renewed.[21] In 2010, the National Government again introduced private prisons and international conglomerate Serco was awarded the contract to run the Mt Eden Prison.[22]

On 16 July 2015, footage of "fight clubs" within the prison emerged online and was reported by TVNZ. Serco was heavily criticized for not investigating until after the footage was screened.[23] On 24 July 2015, Serco's contract to run the Mount Eden prison was revoked due to numerous scandals and operation was given back to the New Zealand Department of Corrections.[24] Serco was ordered to pay $8 million to the New Zealand government as a result of problems at Mount Eden Prison while it was under Serco's management.[25]

Serco has also been given the contract to build and manage a 960-bed prison at Wiri. The contract with Serco provides for stiff financial penalties if its rehabilitation programmes fail to reduce re-offending by 10% more than the Corrections Department programmes.[26] The prison is estimated to cost nearly NZ$400 million.[27] In response, Charles Chauvel, the Labour Party's spokesperson for justice, and the Public Service Association both questioned the need for a new private prison when there were 1,200 empty beds in the prison system.[28][29] In March 2012, Corrections Minister Anne Tolley announced that the new Wiri prison would enable older prisons such as Mt Crawford in Wellington and the New Plymouth prison to be closed. Older units at Arohata, Rolleston, Tongariro/Rangipo and Waikeria prisons will also be shut down.[30]

The Auckland South Corrections Facility was opened on 8 May 2015.[31][32] The contract to operate the prison ends in 2040.[33] As of 2016, 10% of prisoners in New Zealand were housed in private prisons.[34]

South Korea edit

Somang Correctional Institution in Yeoju, Gyeonggi Province, is the only private prison for adult inmates in South Korea.[35] The correctional institution was set up with an investment of 30 billion won (US$27 million) from the Christian Agape Foundation and opened on 1 December 2010.[36][37] It is capable of accommodating up to 400 prisoners with convictions for violent crimes, but inmates at the prison usually serve sentences of less than seven years or have less than a year remaining on longer terms.[38]

United Kingdom edit

Number of prisoners edit

 
Private prison known as HMP Altcourse that opened in the UK in 1997.
  • In 2018, 18.46% of prisoners in England and Wales were housed in private prisons.
  • 15.3% of prisoners in Scotland were housed in private prisons.[39]

Development edit

The privatization of prisons can be traced to the contracting out of confinement and care of prisoners after the American Revolution. Deprived of the ability to ship criminals and undesirables to the Colonies, Great Britain began placing them on hulks (used as prison ships) moored in English ports.[40]

In the modern era, the United Kingdom was the first European country to use for-profit prisons. Wolds Prison opened as the first privately managed prison in the UK in 1992.[41] This was enabled by the passage of the Criminal Justice Act 1991 which empowered the Home Secretary to contract out prison services to the private sector.[42]: 84–88 

In addition, a number of the UK's Immigration Removal Centres are privately operated, including the Harmondsworth Immigration Removal Centre, Yarl's Wood Immigration Removal Centre, and Colnbrook Immigration Removal Centre.

In 2007 the new Scottish National Party Government in Scotland announced that it was opposed to privately run prisons and would not let any more contracts.[43] Since then, new prisons in Scotland have been built and run by the public sector. The last contract let in England and Wales was for HM Prison Northumberland, which transferred from the public sector to Sodexo in 2013. The most recent new prison to be built in England and Wales, HM Prison Berwyn near Wrexham, was given to the public sector to operate without any competition when it opened in 2017. Since 2017, it has been Labour Party policy not to commission any new private prisons in England and Wales.

On 5 November 2018, the prisons minister, Rory Stewart, told the House of Commons that two new prisons at Wellingborough, Northants, and Glen Parva, Leicestershire, would be built using conventional public finance, but their operation would be contracted out.[44] On 29 November, he announced a framework competition, under which private operators would seek to be placed on a list of companies which would be eligible to bid in future competitions, including the planned programme for 10,000 new places to replace old prisons, and also for prisons currently operated privately, when those contracts end. It was implied that the public sector would be excluded from all such competitions. He said: "This Government remains committed to a role for the private sector in operating custodial services. The competition launched today will seek to build on the innovation and different ways of working that the private sector has previously introduced to the system. The sector has an important role to play, and currently runs some high-performing prisons, as part of a decent and secure prison estate.....A balanced approach to custodial services provision, which includes a mix of public, voluntary and private sector involvement has been shown to introduce improvements and deliver value for money for taxpayers."[45]

The Secretary of State for Justice announced on 9 July 2019 that 6 companies had been accepted on to the Prison Operators Service Framework: G4S Care and Custody Services UK Limited, Interserve Investments Limited, Management and Training Corporation Works Limited, Mitie Care & Custody, Serco Limited, and Sodexo Limited.[46] Of the two new contenders, Interserve had operated offender services in the community as part of the Purple Futures consortium: the Chief Inspector of Probation had rated 4 out of their 5 operations as ‘requiring improvement’.[47] The other, MTC, has run prisons in the USA, several of which have been the subject of serious failures and scandals.

The Secretary of State added: "The Government is committed to a mixed market of custodial services. The Prison Operator Framework will increase the diversity and resilience of the custodial services market in England and Wales, by creating a pool of prison operators who can provide high quality, value for money, custodial and maintenance services and enable us to effectively and efficiently manage a pipeline of competition over the next six years."

On 26 June 2020 the Government announced plans for a further 4 prisons, although a site only exists for one of them. It claimed, without evidence, that the new prisons would cut reoffending. It stated that at least one of the four would be publicly run.[48]

Contractual arrangements edit

In the UK there are three ways in which a private company may take on management of a prison:

  1. Companies compete to finance, design, build and run a new prison under the private finance initiative. Most prisons in the UK are of this kind, although the use of PFI has now been abandoned.
  2. The Government builds a prison and then contracts out its operation.
  3. A prison formerly operated by the public sector prison service may be contracted out after competition ("market testing").

Prisons may be re-competed at the end of the contract. Increasingly, a range of services within all prisons, whether public or privately run, are contracted out on a regional basis: this includes works and FM services, and rehabilitation programmes.

Governance and accountability edit

Privately run prisons are run under contracts which set out the standards that must be met. Payments may be deducted for poor performance against the contract. Government monitors ("controllers") work permanently within each privately managed prison to check on conditions and treatment of prisoners. The framework for regulation and accountability is much the same for privately run prisons as for publicly run ones. In England and Wales they are subject to unannounced inspection by HM Chief Inspector of Prisons, to monitoring by local Independent Monitoring Boards and prisoner complaints are dealt with by the Prison and Probation Ombudsman. Similar arrangements exist in Scotland and Northern Ireland.

Evaluation edit

There has been little systematic, objective evaluation of private prisons in the UK. The best study, by the Institute of Criminology at Cambridge University, using direct observation of staff and prisoner behaviour, found that public sector staff tended to be more knowledgeable and confident, while the private sector treated prisoners more respectfully, though one private prison scored well on both.[49] Earlier, cruder, studies came to broadly the same conclusion.[50] Another study found marked improvements in prisoner quality of life at Birmingham prison after transfer from public to private sector (though subsequently, conditions at Birmingham deteriorated to such a degree that the contract was ended and the prison returned to public operation).[51] An analysis of performance assessments of individual prisons by the Chief Inspector of Prisons and by the Prison Service suggested no consistent difference in service quality between sectors [52] The same study showed that construction and operating costs were for many years much lower in the private sector, but that the gap has narrowed. In May 2019, the Labour Party spokesman on prisons published data showing that the rate of assaults in privately run local prisons is around 40% higher than in publicly run ones.[53]

Controversies edit

In early 2012, Frances Crook, chief executive of the Howard League for Penal Reform said Her Majesty's Inspectorate of Prisons encountered an almost nine-fold rise in restraint used in the previous year at Ashfield Young Offenders Institution, which holds 15- to 18-year-olds. She cited "many incidents of strip searching children unnecessarily". Force had been used almost 150 times a month compared to 17 times monthly the prior year, recalling it had "chilling echoes" of circumstances in the choking death of a 15-year-old at Rainsbrook Secure Training Centre after restraints had been applied. Frequent use of force followed failure of wards to obey staff instructions. Three years earlier the institution recorded more than 600 attacks on inmates in one year - the highest number of every jail, including adults, in the country. Crook claimed "This jail has a history of failing children and the public." Managers claimed the increase was due to better reporting of the use of restraints. The institution had been half full during the previous unannounced inspection in 2010. The chief inspector of prisons noted "some staff lacked confidence in challenging poor behaviour." The director of the prison and the YOI admitted there is "room for improvement."[54]

Six members of staff were dismissed from G4S-operated Rainsbrook Secure Training Centre for children in Rugby in May 2015 following a series of incidents of gross misconduct. G4S took the action in response to an Ofsted inspection that reported some staff being on drugs while on duty, colluding with detainees and behaving "extremely inappropriately". The behaviour allegedly included causing distress and humiliation to children by subjecting them to degrading treatment and racist comments.[55][56]

Four G4S team leaders of Medway Secure Training Centre in Rochester were arrested in January 2016 and four other staff members were placed on restricted duties, following an investigation by the BBC's Panorama TV programme into the centre. Allegations in the television programme included foul language and use of unnecessary force – such physical violence, overuse of restraint techniques (causing one teenager to have difficulties breathing) – on 10 boys aged 14 to 17, as well as a cover-up involving members of staff by avoiding surveillance cameras in order not to be recorded, and purposefully misreporting incidents in order to avoid potential fines and punishment; for example, in one exchange, it was claimed some staff don't report "two or more trainees fighting" because it indicates they've "lost control of the centre", resulting in a potential fine.[57][58][59]

G4S-run Medway managers received performance-related pay awards in April 2016, despite the chief inspector of prisons weeks saying weeks earlier that "managerial oversight failed to protect young people from harm at the jail." In January, Panorama showed an undercover reporter working as a guard at the Medway secure training centre (STC) in Kent. The film showed children allegedly being mistreated and claimed that staff falsified records of violent incidents. No senior managers were disciplined or dismissed. Prior to the Panorama programme's broadcast, the Youth Justice Board (YJB), which oversees youth custody in England, stopped placing children in Medway. In February, a Guardian investigation revealed that, in 2003, whistleblowers had warned G4S, the Ministry of Justice (MoJ) and the YJB that staff were mistreating detained children. Their letter, forwarded by Prof John Pitts, a youth justice expert, was ignored. When the prisons inspectorate carried out a snap inspection at Medway it found detainees reported staff had used insulting, aggressive or racist language toward them and felt unsafe in facility portions not covered by closed circuit TV. Reviewers agreed to the legitimacy of evidence presented by Panorama showing, "...targeted bullying of vulnerable boys," by employees, and that, "A larger group of staff must have been aware of unacceptable practice but did not challenge or report this behaviour."

In an earlier Ofsted report on Medway, inspectors said staff and middle managers reported feeling a lack of leadership and having "low, or no confidence in senior managers." Nick Hardwick, at the time the chief inspector of prisons said, "Managerial oversight failed to protect young people from harm. Effective oversight is key to creating a positive culture that prevents poor practice happening and ensuring it is reported when it does." The Guardian newspaper learned that senior managers at Medway received performance-related pay awards in April amounting to between 10-25% of their annual salaries, according to seniority. One 15-year-old girl placed at Medway in 2009 said she was frequently unlawfully restrained over 18 months, citing an occasion in which her face was repeatedly slammed into icy ground. "I assumed the senior management team would be sacked... But now it looks like they have been rewarded for allowing children to be abused in prison," she said. Former Labour MP Sally Keeble has complained about G4S maltreatment in STC's for over ten years, stating: "This is people making personal profit out of tragedy. I hope that justice minister Liz Truss would intervene and make sure these bonuses are not being paid by a Ministry of Justice contractor." Notwithstanding the results of the investigations no senior managers at Medway were disciplined or dismissed.[60] In May, the MoJ said the National Offender Management Service (NOMS) would take over the running of Medway. In July, it formally assumed control of the STC. In February 2016, G4S had announced that it was to sell its children's services business, including the contract to manage two secure training centres. The company hoped to complete the process by the end of 2016.[61]

Following release of an extremely critical report regarding a G4S-operated jail, the Labour party's shadow justice secretary said they would be inclined to take control of for-profit prisons if the industry competitors had not met deadlines imposed upon them. Sadiq Khan's response stressed the need for better contracting, to include liquidated damages provisions. The chief inspector of prisons Nick Hardwick, recommended the crafting of a takeover contingency plan. "It's not delivering what the public should expect of the millions being paid to G4S to run it." Khan said, " I see no difference whether the underperformance is in the public, private or voluntary sector... We shouldn't tolerate mediocrity in the running of our prisons." Khan continued: "We can't go on with scandal after scandal, where the public's money is being squandered and the quality of what's delivered isn't up to scratch. The government is too reliant on a cosy group of big companies. The public are rightly getting fed up to the back teeth of big companies making huge profits out of the taxpayer, which smacks to them of rewards for failure."[62]

United States edit

In 2018, 8.41% of prisoners in the United States were housed in private prisons.[63] On January 25, 2021, President Joe Biden issued an executive order to stop the United States Department of Justice from renewing further contracts with private prisons, although most facilities are run by the states so the order will only apply to about 14,000 inmates housed in federal prisons.[64]

Early history edit

One of the earliest examples of prison privatization in the US was in Louisiana in 1844, where a company produced clothing in a factory with inmate labor.[65][66] In 1852, on the northwest San Francisco Bay in California, inmates of the prison ship Waban began building a contract facility to house themselves at Point Quentin. The prison became known as San Quentin, which is still in operation today, though it was partially transferred from private to public administration.[67]

During Reconstruction (1865–1876) in the south after the Civil War, plantations and businessmen sought to continue exploiting Blacks after the United States ratified the 13th Amendment, which abolished all forms of slavery "except as punishment for a crime". This exception allowed continued enslavement of Black people through convict leases.[65][68][69] Southern prisoners laid railroad tracks, worked on plantations, mined coal and performed other labor while enduring terrible conditions including torture as a form of punishment. The system was extremely profitable for former slaveowners and the states. For example, ten percent of Alabama’s budget came from convict leases between 1880 and 1904. This system of unpaid labor remained in place until the early 20th century.[65]

1980s–2009 edit

Federal and state governments have a long history of contracting out specific services to private firms, including medical services, food preparation, vocational training, and inmate transportation. However, the 1980s ushered in a new era of prison privatization as the War on Drugs increased prison populations.[66] Overcrowding and rising costs became increasingly problematic for local, state, and federal governments. Private business interests saw an opportunity to expand beyond simple contracting of services into the management and operation of entire prisons.[70]

Modern private prisons first emerged in 1984 when the Corrections Corporation of America (CCA), now known as CoreCivic, was awarded a contract to take over operation of a jail in Hamilton County, Tennessee.[71] The following year, CCA gained further public attention when it offered to take over the entire state prison system of Tennessee for $200 million. The bid was ultimately defeated due to strong opposition from public employees and the skepticism of the state legislature.[72] Sixty-six additional private prisons were opened in the US between 1984 and 1990.[66]

CCA's $52 million January 1997 purchase of Washington, D.C.'s $100 million Central Treatment Facility was "the first time a prison has been sold outright (although under a lease-back arrangement, ownership is supposed to revert to D.C. after 20 years)."[73]

2010s edit

Statistics from the U.S. Department of Justice show that, as of 2019, there were 116,000 state and federal prisoners housed in privately owned prisons in the U.S., constituting 8.1% of the overall U.S. prison population. Broken down to prison type, 15.7% of the federal prison population in the United States is housed in private prisons and 7.1% of the U.S. state prison population is housed in private prisons.[74]

As of 2017, after a period of steady growth, the number of inmates held in private prisons in the United States has declined modestly and continues to represent a small share of the nation's total prison population.[75] Companies operating such facilities include the Corrections Corporation of America (CCA), the GEO Group, Inc. (formerly known as Wackenhut Securities), Management and Training Corporation (MTC), and Community Education Centers. In the past two decades CCA has seen its profits increase by more than 500 percent.[citation needed] The prison industry as a whole took in over $5 billion in revenue in 2011.[76]

According to journalist Matt Taibbi, Wall Street banks took notice of this influx of cash, and are now some of the prison industry's biggest investors. Wells Fargo has around $100 million invested in GEO Group and $6 million in CCA. Other major investors include Bank of America, Fidelity Investments, General Electric and The Vanguard Group. CCA's share price went from a dollar in 2000 to $34.34 in 2013.[76] Sociologist John L. Campbell and activist and journalist Chris Hedges respectively assert that prisons in the United States have become a "lucrative" and "hugely profitable" business.[77][78]

In June 2013, students at Columbia University discovered that the institution owned $8 million worth of CCA stock. Less than a year later, students formed a group called Columbia Prison Divest, and delivered a letter to the president of the University demanding total divestment from CCA and full disclosure of future investments.[79] By June 2015, the board of trustees at Columbia University voted to divest from the private prison industry.[80]

CoreCivic (previously CCA) has a capacity of more than 80,000 beds in 65 correctional facilities. The GEO Group operates 57 facilities with a capacity of 49,000 offender beds.[81] The company owns or runs more than 100 properties that operate more than 73,000 beds in sites across the world.[82]

Most privately run facilities are located in the southern and western portions of the United States and include both state and federal offenders.[83] For example, Pecos, Texas is the site of the largest private prison in the world, the Reeves County Detention Complex, operated by the GEO Group.[84] It has a capacity of 3,763 prisoners in its three sub-complexes,[85]

Private prison firms, reacting to reductions in prison populations, are increasingly looking away from mere incarceration and are seeking to maintain profitability by expanding into new markets previously served by non-profit behavioral health and treatment-oriented agencies, including prison medical care, forensic mental hospitals, civil commitment centers, halfway houses and home arrest.[86][87][88]

A 2016 report by the U.S. Department of Justice asserts that privately operated federal facilities are less safe, less secure and more punitive than other federal prisons.[89] Shortly thereafter, the DoJ announced it will stop using private prisons.[90] Nevertheless, a month later the Department of Homeland Security renewed a controversial contract with the CCA to continue operating the South Texas Family Residential Center, an immigrant detention facility in Dilley, Texas.[91]

Stock prices for CCA and GEO Group surged following Donald Trump's victory in the 2016 elections.[92][93] On February 23, the DOJ under Attorney General Jeff Sessions overturned the ban on using private prisons. According to Sessions, "the (Obama administration) memorandum changed long-standing policy and practice, and impaired the bureau's ability to meet the future needs of the federal correctional system. Therefore, I direct the bureau to return to its previous approach."[94] Additionally, both CCA and GEO Group have been expanding into the immigrant detention market. Although the combined revenues of CCA and GEO Group were about $4 billion in 2017 from private prison contracts, their number one customer was ICE.[95]

Impact edit

According to a 2021 study, private prison inmates serve longer time in prison than comparable inmates in public prisons.[96] According to Elizabeth S. Anderson, private prisons generate profits by "maximizing the number of beds filled per day" and "primarily by cutting salaries, staff numbers, and staff training." As a result of the latter, according to a 2016 report by the OIG on privatized federal prisons, privatized facilities see prisoner-on-prisoner assault rates that are 32 percent higher, prisoner-on-staff assault rates 260 percent higher, and rates of prisoner-on-staff sexual assault 500 percent higher when compared to state-run facilities. She says while the state-run facilities are "horrific" for both staff and prisoners, "the profit motive in privatized punishment merely adds to the unconscionable harms and injustices of the American system of mass incarceration."[97]

Increase in the prison population edit

From 1925 to 1980 the prison population stayed consistent with the general population. The private prison population began to increase at an disproportional rate in 1983 (the year that private prisons began operation in the United States). From 1925 to 1980 the prison population had a gradual increase from 150,000 to 250,000. However, From 1983 to 2016 the prison population has increased from 250,000 to 1,500,000.[98]

The exact causes for this overwhelming increase cannot be assigned to individual policies as even similar types of criminal sentencing policies were associated with wildly different rates of incarceration in different communities due to powerful external factors such as income disparity, racial makeup, and even the party affiliation of the lawmakers [99] Correlated with the rise of incarceration rates in the United States was the abolition of loose sentencing guidelines for crimes.[99] Before 1970 in the United States judges were given generally wide sentencing frames (2–20 years), allowing judges ample room for judicial discretion. Liberal Americans argued that this system left room for discrimination in sentencing while conservatives argued that this discretion led to unduly lenient sentences. Under pressure from both sides, many states adopted presumptive sentencing practices or presumptive sentencing guidelines. These policies presented a single recommended sentence among the wider statutory range. This left judges with some room to increase or reduce the sentence in response to mitigating or aggravating circumstances but generally limited their discretion under penalty of automatic appeal through appellate review. Accompanying this change was the adoption of determinate sentencing practices. These acted in the same way as presumptive sentencing but instead concerned release. Adoption of these type of laws effectively ended discretionary parole release for all offenses and made mandatory minimum sentences the norm.[99] Researchers have had mixed results in trying to determine whether these policies themselves led to increased incarceration rates and the results largely depended on the demographics of the community in question. Based on a correlation matrix assembled by Stemen and Rengifo it was shown that the percentage of black residents in a community had a much higher correlation with an increased incarceration rate than the area's choice of sentencing policy. Determinate sentencing was however linked with increased drug arrests which correlated highly with increased incarceration rate and minority population percentage. Determinate and structured sentencing policies on their own lead to more stable jail times as they leave less room for judicial input. In doing so they embody the attitudes of the population at the time they were created. As a result of their static nature these policies were not well adapted to face the wave of drug related offenses created by the crack epidemic of the 1980s and the modern opioid crisis.

When Reagan's War on Drugs lead to a massive rise in numbers in prisons, private prison operators were quick to seize the opportunity. According to statistics from "The Problem with Private Prisons—Justice Policy Institute",[100] from 1990 to 2005 there was a 1600 percent increase in the American private prison population. However, the vast majority of prisoners, over 90 percent, remain in publicly-run prisons .[101]

Cost–benefit analysis edit

To properly compare the benefits of private versus public prisons, the prisons must share common factors such as similar levels of security, number of staff, and population in the prisons.[102] Studies, some partially industry-funded, often conclude that states can save money by using for-profit prisons. However, academic or state-funded studies have found that private prisons tend to keep more low-cost inmates and send high-cost back to state-run prisons. This is counterproductive to the cost benefit analysis of the Private Prisons and contradicts the original selling point of the CCA and other private prisons; "to mitigate the cost of running prisons".[103] In practice these companies have not been shown to definitively reduce costs and have created several unintended outcomes. The supposed benefit of outsourcing correctional services takes root in the liberal economic idea that having multiple companies compete to provide a service would naturally make the companies innovate and find ways to increase their efficiency to win more contracts than the others. Few companies ever got involved in the business. In the United States CoreCivic, GEO Group Incorporated, and Management and Training Corporation house all the privately held federal inmates and most state inmates across the United States. (United States, Department of Justice, Office of the Inspector General,1 ) Naturally, this means there is little competition within the industry.

When comparing the quality of the services that private prisons provide versus their public counterparts a 2016 report from the Office of the Inspector General found that private facilities underperformed their public counterparts in several key safety areas. 14 private prisons were surveyed in this study and compared to 14 federally operated facilities of the same security level in this study. Privately run facilities were found to have higher rates of inmate on inmate and inmate on staff assaults per capita.[104] Twice as many weapons and eight times as many contraband phones were confiscated per capita at private facilities versus their public counterparts.[104]

Determining the quality per dollar spent by private prisons is a difficult proposition. At a surface level the Federal Bureau of Prisons (BOP) reports that private prisons expended an average of $22,488 annually per capita from 2011-2014 while BOP institutions expended $24,426.[104] This may seem like a clear indication of savings but there is a critical lack of information about how the money supplied to private institutions is being spent each month. The Federal Bureau of Prisons (BOP) which oversees both federal and private prisons in the United States does not receive cost information broken out by function or department for private institutions, leaving them no way to compare the expenditures made in key cost-saving areas such as food and medical care. Without this data federal overseers cannot adequately evaluate the efficiency of the programs offered at private institutions. Several Research studies have indicated that the cost savings indicated in these reports may come from lower wages, lower staffing levels and reduced employee training at these private facilities.[105] Another consideration when examining these cost savings is the disparity in the inmates housed at private facilities versus those that are publicly funded. Private institutions often have a laundry list of internal rules about the kinds of prisoners they will house. These rules are designed to prevent private companies from taking on prisoners that will be particularly costly to house. Christopher Petrella a researcher at the University of California investigated some of the rules set forth by CoreCivic in their contract with the California Department of Corrections and Rehabilitation. Based on their agreement CoreCivic could refuse the intake of prisoners over a multitude of health issues such as HIV of Hepatitis C positive status as well as mental health concerns.[106] This is indicative of a greater trend across the United States. Private prisons tend to house prisoner that carry lower risk levels and require fewer services than their public counterparts making direct comparisons of savings unreliable.

According to a 2020 study of private prisons in Mississippi, "private prison inmates serve 90 additional days... The delayed release erodes half of the cost savings offered by private contracting and is linked to the greater likelihood of conduct violations in private prisons."[107]

Costs edit

Proponents of privately run prisons contend that cost-savings and efficiency of operation place private prisons at an advantage over public prisons and support the argument for privatization, but some research casts doubt on the validity of these arguments, as evidence has shown that private prisons are neither demonstrably more cost-effective, nor more efficient than public prisons.[70] An evaluation of 24 different studies on cost-effectiveness revealed that, at best, results of the question are inconclusive and, at worst, there is no difference in cost-effectiveness.[108]

A study by the U.S. Bureau of Justice Statistics found that the cost-savings promised by private prisons "have simply not materialized".[109][failed verification] Some research has concluded that for-profit prisons cost more than public prisons.[110] Furthermore, cost estimates from privatization advocates may be misleading, because private facilities often refuse to accept inmates that cost the most to house. A 2001 study concluded that a pattern of sending less expensive inmates to privately run facilities artificially inflated cost savings.[111] A 2005 study found that Arizona's public facilities were seven times more likely to house violent offenders and three times more likely to house those convicted of more serious offenses.[112] A 2011 report by the American Civil Liberties Union point out that private prisons are more costly, more violent and less accountable than public prisons, and are actually a major contributor to increased mass incarceration.[113] This is most apparent in Louisiana, which has the highest incarceration rate in the world and houses the majority of its inmates in for-profit facilities.[114] Marie Gottschalk, professor of political science at the University of Pennsylvania, argues that the prison industry "engages in a lot of cherry-picking and cost-shifting to maintain the illusion that the private sector does it better for less." In fact, she notes that studies generally show that private facilities are more dangerous for both correctional officers and inmates than their public counterparts as a result of cost-cutting measures, such as spending less on training for correctional officers (and paying them lower wages) and providing only the most basic medical care for inmates.[105]

A 2014 study by a doctoral candidate at UC Berkeley shows that minorities make up a greater percentage of inmates at private prisons than in their public counterparts, largely because minorities are cheaper to incarcerate. According to the study, for-profit prison operators, in particular CCA and GEO Group, accumulate these low-cost inmates "through explicit and implicit exemptions written into contracts between these private prison management companies and state departments of correction".[115]

Recidivism rates, how many prisoners are re-arrested after release, are not usually considered to measure performance. A study in 2005 found that out of half of the federal prisoners released that year, 49.3% were arrested again later on.[116] Pennsylvania became one of the first states to offer a financial incentive to corrections facilities that were privately operated and could lower their recidivism rates in 2013. In order for these facilities to gain a 1% bonus, they had to lower rates to 10% below the baseline. Together, all 40 of these facilities in the state had an average of 16.4% reduction in their recidivism rates.[102]

Inadequacies including being understaffed edit

Evidence suggests that lower staffing levels and training at private facilities may lead to increases in the incidence of violence and escapes. A nationwide study found that assaults on guards by inmates were 49 percent more frequent in private prisons than in government-run prisons. The same study revealed that assaults on fellow inmates were 65 percent more frequent in private prisons.[117]

An example of private prisons' inadequate staff training leading to jail violence was reported by two Bloomberg News journalists, Margaret Newkirk and William Selway in Mississippi regarding the now-closed Walnut Grove Correctional Facility (WGCF). According to the journalists, the ratio of staff to prisoners in this prison was only 1 to 120. In a bloody riot in this prison, six inmates were rushed to the hospital, including one with permanent brain damage. During the riot, the staff of the prison did not respond but waited until the melee ended, because prisoners outnumbered staff by a ratio of 60–1. The lack of well-trained staff does not only lead to violence but also corruption. According to a former WGCF prisoner, the corrections officers were also responsible for smuggling operations within the prison. To make more money, some provided prisoners with contraband, including drugs, cellphones and weapons.[118] Law enforcement investigations led to the exposure of a far wider web of corruption.

Bureaucratic corruption scandals edit

At the Walnut Grove C.F., intense corruption was involved in the construction and operation of, and subcontracting for medical, commissary and other services. After exposure of the rape of a female transitional center prisoner by the mayor, who also served as a warden, a bribery scheme was uncovered. It had paid millions to the corrupt Mississippi Department of Corrections Commissioner Chris Epps and his conduits. Ten additional officials and consultants, including three former state legislators (two Republicans and one Democrat), were indicted in the Department of Justice's Operation Mississippi Hustle prosecution.

Prior to the Mississippi investigations and prosecutions, a similar investigation began in 2003, dubbed Operation Polar Pen, exposed a wide-ranging bribery scheme of what legislative members themselves called the "Corrupt Bastards Club" (CBC). It initially involved for-profit corrections, then extended to include fisheries management and oil industry taxation. At least fifteen targets of the investigation, including ten sitting or former elected officials, the governor's chief of staff, and four lobbyists were considered for possible prosecution, and a dozen were indicted. Investigation of a Democratic state senator found nothing amiss, but ten indictments were issued that included six Republican state legislators, two halfway house lobbyists, two very wealthy contractors and the U.S. Senator, Ted Stevens. The seven felony convictions against Stevens were overturned, as were verdicts involving three other legislators and the governor's Chief of Staff, one directly due to the Supreme Court's overturning part of the existing "Honest Services Fraud" in the case of Representative Bruce Weyhrauch. Weyhrauch pleaded guilty to a state misdemeanor. Others also had their verdicts overturned, in part because the prosecution failed to completely disclose exculpatory evidence to their defense, but three of those also pleaded guilty to lesser charges. Though they were implicated, the Department of Justice also declined to prosecute a former state senator and the U.S. Congressman, Don Young, who spent over a million dollars on his defense, though he was never indicted.

Judicial corruption scandal edit

In the kids for cash scandal, Mid-Atlantic Youth Services Corp, a private prison company which runs juvenile facilities, was found guilty of paying two judges, Mark Ciavarella and Michael Conahan, $2.8 million to send 2,000 children to their prisons for such alleged crimes as trespassing in vacant buildings and stealing DVDs from Wal-Mart.[119][120] Sentenced to 28 years in federal prison, Ciavarella will spend his time in Kentucky at Federal Correctional Institution Ashland.[121] The two judges were not the only ones at fault though, seeing as the First National Community Bank never reported the suspicious activity, causing the scandal to go on even longer.[122] In the end, FNCB was fined $1.5 million for failing to report the suspicious activities including transactions that went on over a total of 5 years.[123]

Lobbying edit

“From 1999-2010, the Sentencing Project found that Corrections Corporation of America (CCA) spent on average, $1.4 million per year on lobbying at the federal level and employed a yearly average of seventy lobbyists at the state level.”[124]

The influence of the for-profit prison industry on the government has been described as the prison–industrial complex.[125][126][127][128]

CoreCivic (previously CCA), MTC and The GEO Group have been members of the American Legislative Exchange Council (ALEC), a Washington, D.C.-based public policy organization that develops model legislation that advances free-market principles such as privatization. Under their Criminal Justice Task Force, ALEC has developed model bills which State legislators can then consult when proposing "tough on crime" initiatives including "Truth in Sentencing" and "Three Strikes" laws.[129] By funding and participating in ALEC's Criminal Justice Task Forces, critics argue, private prison companies influence legislation for tougher, longer sentences.[130] Writing in Governing magazine in 2003, Alan Greenblatt states:

ALEC has been a major force behind both privatizing state prison space and keeping prisons filled. It puts forward bills providing for mandatory minimum sentences and three-strikes sentencing requirements. About 40 states passed versions of ALEC's Truth in Sentencing model bill, which requires prisoners convicted of violent crimes to serve most of their sentences without chance of parole.[131]

According to Cooper, Heldman, Ackerman, and Farrar-Meyers (2016), ALEC has been known to push for the expansion of the private prison industry by promoting greater use of private prisons, goods, and services; promoting greater use of prison labor; and increasing the size of prison populations. ALEC has had a hand in not only broadening the definition of existing crimes, but also in the creation of new crimes. ALEC is known for developing policies that may threaten civil liberties by increasing the probabilities of incarceration and lengthy sentences (Cooper et al., 2016).

According to a 2010 report by NPR, ALEC arranged meetings between the Corrections Corporation of America and Arizona's state legislators such as Russell Pearce at the Grand Hyatt in Washington, D.C. to write Arizona SB 1070, which would keep CCA's immigrant detention centers stuffed with detainees.[132][133]

CCA and GEO have both engaged in state initiatives to increase sentences for offenders and to create new crimes, including, CCA helping to finance Proposition 6 in California in 2008 and GEO lobbying for Jessica's Law[134] in Kansas in 2006. In 2012, The CCA sent a letter to 48 states offering to buy public prisons in exchange for a promise to keep the prisons at 90% occupancy for 20 years.[135][136] States that sign such contracts with prison companies must reimburse them for beds that go unused; in 2011, Arizona agreed to pay Management & Training Corporation $3 million for empty beds when a 97 percent quota wasn't met.[137] In 2012 it was reported that the DEA had met up with the CCA to incorporate laws that would increase the CCA's prison population and in turn increased the CCA's prison population.[138][unreliable source?] CCA, now CoreCivic, closed their facility in Estancia, New Mexico as the lack of prisoners made them unable to turn a profit, which left 200 employees without jobs.[139][140]

OpenSecrets reported that private prison corporations donated a record breaking 1.6 million in federally disclosed contributions in the 2018 midterm elections.[141]

Opposition edit

Many organizations have called for a moratorium on construction of private prisons, or for their outright abolition.[142] The Presbyterian Church (U.S.A.) and United Methodist Church have also joined the call, as well as a group of Southern Catholic Bishops.[143][144]

As of 2013, there has been a modest pushback against the private prison industry, with protests forcing GEO Group to withdraw its $6 million offer for naming rights of FAU Stadium, and Kentucky allowing its contract with the CCA to expire, ending three decades of allowing for-profit companies to operate prisons in that state.[145] In 2014, Idaho will be taking over the operation of the Idaho Correctional Center from the CCA, which has been the subject of a plethora of lawsuits alleging rampant violence, understaffing, gang activity and contract fraud. Idaho governor Butch Otter said "In recognition of what's happened, what's happening, it's necessary. It's the right thing to do. It's disappointing because I am a champion of privatization."[146]

In the final quarter of 2013, Scopia Capital Management, DSM North America, and Amica Mutual Insurance divested around $60 million from CCA and GEO Group.[147] In a Color of Change press release, DSM North America President Hugh Welsh said:

In accordance with the principles of the UN Global Compact, with respect to the protection of internationally proclaimed human rights, the pension fund has divested from the for-profit prison industry. Investment in private prisons and support for the industry is financially unsound, and divestment was the right thing to do for our clients, shareholders, and the country as a whole.[147]

Attempts to limit privatization and increase oversight edit

Some U.S. states have imposed bans, population limits, and strict operational guidelines on private prisons:

  • Banning privatization of state and local facilitiesIllinois in 1990 (Private Correctional Facility Moratorium Act), and New York in 2000, enacted laws that ban the privatization of prisons, correctional facilities and any services related to their operation. Louisiana enacted a moratorium on private prisons in 2001. In September 2019, the California legislature passed a bill that would prohibit private prison companies from operating in the state; however, ICE later extended a contract to continue the use of private prisons into the future due to it being exempt from state laws as it is a federal agency pursuant to the Supremacy Clause and due to the fact that Congress has not banned the use of private prisons.[148][149]
  • Banning speculative private prison construction—For-profit prison companies have built new prisons before they were awarded privatization contracts in order to lure state contract approval. In 2001, Wisconsin's joint budget committee recommended language to ban all future speculative prison construction in the state. Such anticipatory building dates back to at least 1997, when Corrections Corporation of America built a 2,000-bed facility in California at a cost of $80–100 million with no contract from the California Department of Corrections; a CCA official was quoted as saying, "If we build it, they will come".[150]
  • Banning exportation and importation of prisoners—To ensure that the state retains control over the quality and security of correctional facilities, North Dakota passed a bill in 2001 that banned the export of Class A and AA felons outside the state. Similarly, Oregon allowed an existing exportation law to sunset in 2001, effectively banning the export of prisoners. Several states have considered banning the importation of prisoners to private facilities.
  • Requiring standards comparable to state prisonsNew Mexico enacted legislation that transfers supervision of private prisons to the state Secretary of Corrections, ensuring that private prisons meet the same standards as public facilities. In 2001, Nebraska legislation that requires private prisons to meet public prison standards was overwhelmingly approved by the legislature, but pocket-vetoed by the governor.[citation needed] Oklahoma passed a law in 2005 that requires private prisons to have emergency plans in place and mandates state notification of any safety incidents.

The Federal Bureau of Prisons announced its intent to end for-profit prison contracts.

  • Terminating federal contracts. On August 18, 2016, Deputy U.S. Attorney General Sally Yates announced that the Justice Department intended to end its Bureau of Prisons contracts with for-profit prison operators, because it concluded "...the facilities are both less safe and less effective at providing correctional services..." than the Federal Bureau of Prisons. In response, Issa Arnita, the spokesperson for the third largest U.S. for-profit prison operator Management and Training Corporation, said it was "disappointed" to learn about the DOJ's decision. "If the DOJ's decision to end the use of contract prisons were based solely on declining inmate populations, there may be some justification, but to base this decision on cost, safety and security, and programming is wrong."[151] In a memorandum, Yates continued, for-profit "...prisons served an important role during a difficult period, but time has shown that they compare poorly to our own Bureau facilities. They simply do not provide the same level of correctional services, programs, and resources; they do not save substantially on costs; and as noted in a recent report by the Department's Office of Inspector General, they do not maintain the same level of safety and security. The rehabilitative services that the Bureau provides, such as educational programs and job training, have proved difficult to replicate and outsource and these services are essential to reducing recidivism and improving public safety. Also, the recidivism rates of the private prisons, "Within three years of release, about two-thirds (67.8 percent) of released prisoners were rearrested. Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested. Of those prisoners who were rearrested, more than half (56.7 percent) were arrested by the end of the first year." These private prison recidivism rates, compared to the public prison's recidivism rates, are virtually identical and in return have minuscule benefits .[152][153] At the time, the Justice Department held 193,000 inmates, about 22,000 of whom were in 14 private prisons. Criminal justice reform had caused the prison population to drop by about 25,000 inmates over the previous few years. Separately the Department of Homeland Security intends to continue to hold some suspected illegal aliens in private prisons.[154]

Media coverage in the United States edit

Documentary edit

Drama edit

  • Kids for Cash scandal has also led to several portrayals in fictional works. Both the Law & Order: SVU episode "Crush" and an episode of The Good Wife featured corrupt judges sending children to private detention centers. An episode of Cold Case titled "Jurisprudence" is loosely based on this event.[157][158][159]
  • Season 3 of Orange Is the New Black portrays the transformation of the prison from federally owned to a privately owned prison for-profit.
  • An episode of Elementary focuses on private prisons competing with each other in New Jersey to win a bid for another prison.
  • An episode of Boston Legal sees a 15-year-old former inmate suing a private prison over an alleged rape by one of its corrections officers.[160]

See also edit

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Further reading edit

  • Austin, James; Coventry, Garry (February 2001). Emerging Issues on Privatized Prisons (PDF). Washington, D.C.: Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. OCLC 47042765. NCJ 181249.
  • Chang, Tracy F. H.; Thompkins, Douglas E. (2002). "Corporations Go to Prisons: The Expansion of Corporate Power in the Correctional Industry". Labor Studies Journal. 27 (1): 45–69. CiteSeerX 10.1.1.462.6544. doi:10.1177/0160449x0202700104. S2CID 421709.
  • Eisen, Lauren-Brooke (2019). Inside Private Prisons: An American Dilemma in the Age of Mass Incarceration. Columbia University Press. ISBN 978-0231179713.
  • Harcourt, Bernard (2012). The Illusion of Free Markets: Punishment and the Myth of Natural Order. Harvard University Press. ISBN 978-0674066168.
  • Gunderson, Anna (2022). Captive Market: The Politics of Private Prisons in America. Oxford University Press.
  • Le Vay, Julian (2015). Competition for Prison: Public or Private?. Bristol, UK: Policy Press. ISBN 9781447313229. OCLC 982262933. Julian Le Vay is the former finance director of Her Majesty's Prison Service. The book is derived from all available analysis on costs of public and private prisons.
  • Selman, Donna; Leighton, Paul (2010). Punishment for Sale: Private Prisons, Big Business, and the Incarceration Binge. Issues in Crime and Justice. Guilford, Conn.: Rowman & Littlefield Publishers. ISBN 9781442201729. Punishment for Sale: Private Prisons, Big Business, and the Incarceration Binge at Google Books.

External links edit

  • How private prisons game the system. Alternet at Salon. December 1, 2011.
  • America's private prison system is a national disgrace. The Guardian. 13 June 2013
  • The Business of Mass Incarceration. Chris Hedges, Truthdig. Jul 28, 2013.
  • Prisoners of Profit: Private Prison Empire Rises Despite Startling Record Of Juvenile Abuse. Chris Kirkham, The Huffington Post. October 22, 2013
  • Revolt at "Ritmo": Dire Conditions in For-Profit Texas Immigration Jail Spark Prisoner Uprising. Democracy Now! February 24, 2015.
  • How for-profit prisons have become the biggest lobby no one is talking about. The Washington Post. April 28, 2015.
  • Study finds private prisons keep inmates longer, without reducing future crime. University of Wisconsin–Madison News, June 10, 2015.
  • We Must End For-Profit Prisons. Bernie Sanders for The Huffington Post. September 22, 2015.
  • Private Prison Exec Waves Off Criminal Justice Reform, Predicts More Profits. The Intercept. December 22, 2015.
  • "This Man Will Almost Certainly Die": The Secret Deaths of Dozens at Privatized Immigrant-Only Jails. Democracy Now! February 9, 2016.
  • "My Four Months as a Private Prison Guard". Shane Bauer for Mother Jones, June 2016.
  • Ending the Barbarity. Jacobin. August 24, 2016.
  • Private prison stocks are soaring after Donald Trump's election. Business Insider. November 9, 2016.
  • "Private Prisons: Who Profits?". Global Business. BBC World Service. August 19, 2017. Covers the current state of private prisons in the UK and the US.
  • A Federal Judge Put Hundreds of Immigrants Behind Bars While Her Husband Invested in Private Prisons. Mother Jones, August 24, 2017.

private, prison, private, prison, profit, prison, place, where, people, imprisoned, third, party, that, contracted, government, agency, companies, typically, enter, into, contractual, agreements, with, governments, that, commit, prisoners, then, diem, monthly,. A private prison or for profit prison is a place where people are imprisoned by a third party that is contracted by a government agency Private prison companies typically enter into contractual agreements with governments that commit prisoners and then pay a per diem or monthly rate either for each prisoner in the facility or for each place available whether occupied or not Such contracts may be for the operation only of a facility or for design construction and operation Contents 1 Global spread 2 Australia 2 1 Arguments for and against 2 2 Private immigration prisons 3 Canada 4 France 5 Israel 5 1 Initial attempt 5 2 Israeli Supreme Court rejection 6 New Zealand 7 South Korea 8 United Kingdom 8 1 Number of prisoners 8 2 Development 8 3 Contractual arrangements 8 4 Governance and accountability 8 5 Evaluation 8 6 Controversies 9 United States 9 1 Early history 9 1 1 1980s 2009 9 1 2 2010s 9 2 Impact 9 3 Increase in the prison population 9 4 Cost benefit analysis 9 5 Costs 9 6 Inadequacies including being understaffed 9 7 Bureaucratic corruption scandals 9 8 Judicial corruption scandal 9 9 Lobbying 9 10 Opposition 9 11 Attempts to limit privatization and increase oversight 9 12 Media coverage in the United States 9 12 1 Documentary 9 12 2 Drama 10 See also 11 References 12 Further reading 13 External linksGlobal spread editIn 2013 countries that were currently using private prisons or in the process of implementing such plans included Brazil Chile Jamaica Japan Mexico Peru South Africa South Korea and Thailand However at the time the sector was still dominated by the United States United Kingdom Australia and New Zealand 1 Australia editMain article Punishment in Australia Private prisons Australia opened its first private prison Borallon Correctional Centre in 1990 2 In 2018 18 4 of prisoners in Australia were held in private prisons 3 Arguments for and against edit A 2016 article by Anastasia Glushko a former worker in the private prison sector 4 argues in favor of privately owned prisons in Australia According to Glushko private prisons in Australia have decreased the costs of holding prisoners and increased positive relationships between inmates and correctional workers Outsourcing prison services to private companies has allowed for costs to be cut in half Compared with 270 a day in a government run West Australian jail each prisoner in the privately operated Acacia Prison near Perth costs the taxpayer 182 Glushko also says positive prisoner treatment was observed during privatisation in Australia by including more respectful attitudes to prisoners and mentoring schemes increased out of cell time and more purposeful activities 5 However a 2016 report from the University of Sydney found that in general all states of Australia lacked a comprehensive approach to hold private prisons accountable to the government The authors said that of all the states Western Australia had the most developed regulatory approach to private prison accountability as they had learnt from the examples in Queensland and Victoria Western Australia provided much information about the running of private prisons in the state to the public making it easier to assess performance However the authors note that in spite of this overall it is difficult to compare the performance and costs of private and public prisons as they often house different kinds and numbers of prisoners in different states with different regulations They note that Acacia Prison sometimes held up as an example of how private prisons can be well run cannot serve as a general example of prison privatisation 6 Private immigration prisons edit Further information Immigration detention in Australia Several Australian immigration prisons are privately operated including the Nauru Regional Processing Centre which is located on the pacific island country of Nauru and operated by Broadspectrum on behalf of the Australian Government with security sub contracted to Wilson Security 7 Immigration prisons typically hold people who have overstayed or lack a visa or otherwise broken the terms of their visas 8 Some such as the facility on Nauru hold asylum seekers refugees and even young children who can be detained indefinitely In many cases people have been detained for years without charge or trial 9 10 This as well as poor conditions neglect 11 harsh treatment 12 and deaths 13 in some of the centers has been the source of controversy in Australia and internationally Canada editThere have been three notable private detention facilities in Canada to date and all have either gone defunct or reverted to government control The only private adult prison in Canada was the maximum security Central North Correctional Centre in Penetanguishene Ontario operated by the U S based Management and Training Corporation from its opening in 2001 through the end of its first contract period in 2006 The contract was held by the Ontario provincial Ministry of Community Safety and Correctional Services A government comparison between the Central North super jail and a nearly identical facility found that the publicly run prison had measurably better outcomes 14 Two youth detention centres in Canada were operated by private companies both at the provincial level The Encourage Youth Corporation operated Project Turnaround in Hillsdale Ontario under contract from the Government of Ontario from 1997 to 2004 after which the facility was shut down 15 In New Brunswick the multinational private prison firm GEO Group constructed and operated the Miramichi Youth Detention Centre under contract with the province s Department of Public Safety before its contract was ended in the 1990s following public protests 16 As of mid 2012 private prison companies continued to lobby the Correctional Service of Canada for contract business 17 France editSee also Prison conditions in France The involvement of the private sector in prisons in France grew significantly between 1987 and the late 2000s as reported by French scholar Fabrice Guilbaud 18 France s system is semi private so called non sovereign missions kitchen laundry maintenance are delegated to private companies while guard and security functions are left to the State Organization of inmate labor in prison workshops is another task that has been delegated to prison management companies There are however no prisons in France in which every aspect of the prison is run by the private sector as in the UK The French approach to privatisation therefore necessarily divorces security and production functions Prison is a space of forced confinement where the overriding concern is security The fact is that at several levels and depending on the type of prison high security or not production logic clashes with security logic Structural limitations of production in a prison can restrict private companies profit taking capacities A field study conducted by Guilbaud in 2004 and 2005 in five prisons chosen by prison and management type shows that the intensity of the tension between production and security and the various ways in which this tension arises and is handled vary by type of prison short stay for convicts awaiting sentencing or relatively long stay for sentence serving inmates and type of management The production security tension seems better integrated in public sector prisons than in those managed by the private sector in the sense that it produces fewer conflicts in them This result runs counter to the widespread understanding that shaped the 1987 reform the idea that introducing private enterprise and the professionalism associated with it into prisons would improve inmate employment and prison operation It is worth noting that in the UK this problem is overcome by handing over all aspects of management including both security and prisoners work to the operating company thereby achieving the integration of the two Israel editInitial attempt edit In 2004 the Israeli Knesset passed a law permitting the establishment of private prisons in Israel The Israeli government s motivation was to save money by transferring prisoners to facilities managed by a private firm The state would pay the franchisee 50 per day for inmate sparing itself the cost of building new prisons and expanding the staff of the Israel Prison Service In 2005 the Human Rights Department of the Academic College of Law in Ramat Gan filed a petition with the Israeli Supreme Court challenging the law The petition relied on two arguments first it said transferring prison powers to private hands would violate the prisoners fundamental human rights to liberty and dignity Secondly a private organization always aims to maximize profit and would therefore seek to cut costs by such means as skimping on prison facilities and paying its guards poorly thus further undermining the prisoners rights As the case awaited decision the first prison was built by the concessionaire Lev Leviev s Africa Israel Investments a facility near Beersheba designed to accommodate 2 000 inmates Israeli Supreme Court rejection edit In November 2009 an expanded panel of 9 judges of the Israeli Supreme Court ruled that privately run prisons are illegal and that for the State to transfer authority for managing the prison to a private contractor whose aim is monetary profit would severely violate the prisoners basic human rights to dignity and freedom 19 Supreme Court President Dorit Beinisch wrote Israel s basic legal principles hold that the right to use force in general and the right to enforce criminal law by putting people behind bars in particular is one of the most fundamental and one of the most invasive powers in the state s jurisdiction Thus when the power to incarcerate is transferred to a private corporation whose purpose is making money the act of depriving a person of their liberty loses much of its legitimacy Because of this loss of legitimacy the violation of the prisoner s right to liberty goes beyond the violation entailed in the incarceration itself 20 New Zealand editFurther information Department of Corrections New Zealand Prison Privatisation The use of private prisons has also been tried stopped and reintroduced New Zealand s first privately run prison the Auckland Central Remand Prison also known as Mt Eden Prison opened under contract to Australasian Correctional Management ACM in 2000 In 2004 the Labour Government opposed to privatisation amended the law to prohibit the extension of private prison contracts A year later the 5 year contract with ACM was not renewed 21 In 2010 the National Government again introduced private prisons and international conglomerate Serco was awarded the contract to run the Mt Eden Prison 22 On 16 July 2015 footage of fight clubs within the prison emerged online and was reported by TVNZ Serco was heavily criticized for not investigating until after the footage was screened 23 On 24 July 2015 Serco s contract to run the Mount Eden prison was revoked due to numerous scandals and operation was given back to the New Zealand Department of Corrections 24 Serco was ordered to pay 8 million to the New Zealand government as a result of problems at Mount Eden Prison while it was under Serco s management 25 Serco has also been given the contract to build and manage a 960 bed prison at Wiri The contract with Serco provides for stiff financial penalties if its rehabilitation programmes fail to reduce re offending by 10 more than the Corrections Department programmes 26 The prison is estimated to cost nearly NZ 400 million 27 In response Charles Chauvel the Labour Party s spokesperson for justice and the Public Service Association both questioned the need for a new private prison when there were 1 200 empty beds in the prison system 28 29 In March 2012 Corrections Minister Anne Tolley announced that the new Wiri prison would enable older prisons such as Mt Crawford in Wellington and the New Plymouth prison to be closed Older units at Arohata Rolleston Tongariro Rangipo and Waikeria prisons will also be shut down 30 The Auckland South Corrections Facility was opened on 8 May 2015 31 32 The contract to operate the prison ends in 2040 33 As of 2016 10 of prisoners in New Zealand were housed in private prisons 34 South Korea editSomang Correctional Institution in Yeoju Gyeonggi Province is the only private prison for adult inmates in South Korea 35 The correctional institution was set up with an investment of 30 billion won US 27 million from the Christian Agape Foundation and opened on 1 December 2010 36 37 It is capable of accommodating up to 400 prisoners with convictions for violent crimes but inmates at the prison usually serve sentences of less than seven years or have less than a year remaining on longer terms 38 United Kingdom editNumber of prisoners edit nbsp Private prison known as HMP Altcourse that opened in the UK in 1997 In 2018 18 46 of prisoners in England and Wales were housed in private prisons 15 3 of prisoners in Scotland were housed in private prisons 39 Development edit The privatization of prisons can be traced to the contracting out of confinement and care of prisoners after the American Revolution Deprived of the ability to ship criminals and undesirables to the Colonies Great Britain began placing them on hulks used as prison ships moored in English ports 40 In the modern era the United Kingdom was the first European country to use for profit prisons Wolds Prison opened as the first privately managed prison in the UK in 1992 41 This was enabled by the passage of the Criminal Justice Act 1991 which empowered the Home Secretary to contract out prison services to the private sector 42 84 88 In addition a number of the UK s Immigration Removal Centres are privately operated including the Harmondsworth Immigration Removal Centre Yarl s Wood Immigration Removal Centre and Colnbrook Immigration Removal Centre In 2007 the new Scottish National Party Government in Scotland announced that it was opposed to privately run prisons and would not let any more contracts 43 Since then new prisons in Scotland have been built and run by the public sector The last contract let in England and Wales was for HM Prison Northumberland which transferred from the public sector to Sodexo in 2013 The most recent new prison to be built in England and Wales HM Prison Berwyn near Wrexham was given to the public sector to operate without any competition when it opened in 2017 Since 2017 it has been Labour Party policy not to commission any new private prisons in England and Wales On 5 November 2018 the prisons minister Rory Stewart told the House of Commons that two new prisons at Wellingborough Northants and Glen Parva Leicestershire would be built using conventional public finance but their operation would be contracted out 44 On 29 November he announced a framework competition under which private operators would seek to be placed on a list of companies which would be eligible to bid in future competitions including the planned programme for 10 000 new places to replace old prisons and also for prisons currently operated privately when those contracts end It was implied that the public sector would be excluded from all such competitions He said This Government remains committed to a role for the private sector in operating custodial services The competition launched today will seek to build on the innovation and different ways of working that the private sector has previously introduced to the system The sector has an important role to play and currently runs some high performing prisons as part of a decent and secure prison estate A balanced approach to custodial services provision which includes a mix of public voluntary and private sector involvement has been shown to introduce improvements and deliver value for money for taxpayers 45 The Secretary of State for Justice announced on 9 July 2019 that 6 companies had been accepted on to the Prison Operators Service Framework G4S Care and Custody Services UK Limited Interserve Investments Limited Management and Training Corporation Works Limited Mitie Care amp Custody Serco Limited and Sodexo Limited 46 Of the two new contenders Interserve had operated offender services in the community as part of the Purple Futures consortium the Chief Inspector of Probation had rated 4 out of their 5 operations as requiring improvement 47 The other MTC has run prisons in the USA several of which have been the subject of serious failures and scandals The Secretary of State added The Government is committed to a mixed market of custodial services The Prison Operator Framework will increase the diversity and resilience of the custodial services market in England and Wales by creating a pool of prison operators who can provide high quality value for money custodial and maintenance services and enable us to effectively and efficiently manage a pipeline of competition over the next six years On 26 June 2020 the Government announced plans for a further 4 prisons although a site only exists for one of them It claimed without evidence that the new prisons would cut reoffending It stated that at least one of the four would be publicly run 48 Contractual arrangements edit In the UK there are three ways in which a private company may take on management of a prison Companies compete to finance design build and run a new prison under the private finance initiative Most prisons in the UK are of this kind although the use of PFI has now been abandoned The Government builds a prison and then contracts out its operation A prison formerly operated by the public sector prison service may be contracted out after competition market testing Prisons may be re competed at the end of the contract Increasingly a range of services within all prisons whether public or privately run are contracted out on a regional basis this includes works and FM services and rehabilitation programmes Governance and accountability edit Privately run prisons are run under contracts which set out the standards that must be met Payments may be deducted for poor performance against the contract Government monitors controllers work permanently within each privately managed prison to check on conditions and treatment of prisoners The framework for regulation and accountability is much the same for privately run prisons as for publicly run ones In England and Wales they are subject to unannounced inspection by HM Chief Inspector of Prisons to monitoring by local Independent Monitoring Boards and prisoner complaints are dealt with by the Prison and Probation Ombudsman Similar arrangements exist in Scotland and Northern Ireland Evaluation edit There has been little systematic objective evaluation of private prisons in the UK The best study by the Institute of Criminology at Cambridge University using direct observation of staff and prisoner behaviour found that public sector staff tended to be more knowledgeable and confident while the private sector treated prisoners more respectfully though one private prison scored well on both 49 Earlier cruder studies came to broadly the same conclusion 50 Another study found marked improvements in prisoner quality of life at Birmingham prison after transfer from public to private sector though subsequently conditions at Birmingham deteriorated to such a degree that the contract was ended and the prison returned to public operation 51 An analysis of performance assessments of individual prisons by the Chief Inspector of Prisons and by the Prison Service suggested no consistent difference in service quality between sectors 52 The same study showed that construction and operating costs were for many years much lower in the private sector but that the gap has narrowed In May 2019 the Labour Party spokesman on prisons published data showing that the rate of assaults in privately run local prisons is around 40 higher than in publicly run ones 53 Controversies edit In early 2012 Frances Crook chief executive of the Howard League for Penal Reform said Her Majesty s Inspectorate of Prisons encountered an almost nine fold rise in restraint used in the previous year at Ashfield Young Offenders Institution which holds 15 to 18 year olds She cited many incidents of strip searching children unnecessarily Force had been used almost 150 times a month compared to 17 times monthly the prior year recalling it had chilling echoes of circumstances in the choking death of a 15 year old at Rainsbrook Secure Training Centre after restraints had been applied Frequent use of force followed failure of wards to obey staff instructions Three years earlier the institution recorded more than 600 attacks on inmates in one year the highest number of every jail including adults in the country Crook claimed This jail has a history of failing children and the public Managers claimed the increase was due to better reporting of the use of restraints The institution had been half full during the previous unannounced inspection in 2010 The chief inspector of prisons noted some staff lacked confidence in challenging poor behaviour The director of the prison and the YOI admitted there is room for improvement 54 Six members of staff were dismissed from G4S operated Rainsbrook Secure Training Centre for children in Rugby in May 2015 following a series of incidents of gross misconduct G4S took the action in response to an Ofsted inspection that reported some staff being on drugs while on duty colluding with detainees and behaving extremely inappropriately The behaviour allegedly included causing distress and humiliation to children by subjecting them to degrading treatment and racist comments 55 56 Four G4S team leaders of Medway Secure Training Centre in Rochester were arrested in January 2016 and four other staff members were placed on restricted duties following an investigation by the BBC s Panorama TV programme into the centre Allegations in the television programme included foul language and use of unnecessary force such physical violence overuse of restraint techniques causing one teenager to have difficulties breathing on 10 boys aged 14 to 17 as well as a cover up involving members of staff by avoiding surveillance cameras in order not to be recorded and purposefully misreporting incidents in order to avoid potential fines and punishment for example in one exchange it was claimed some staff don t report two or more trainees fighting because it indicates they ve lost control of the centre resulting in a potential fine 57 58 59 G4S run Medway managers received performance related pay awards in April 2016 despite the chief inspector of prisons weeks saying weeks earlier that managerial oversight failed to protect young people from harm at the jail In January Panorama showed an undercover reporter working as a guard at the Medway secure training centre STC in Kent The film showed children allegedly being mistreated and claimed that staff falsified records of violent incidents No senior managers were disciplined or dismissed Prior to the Panorama programme s broadcast the Youth Justice Board YJB which oversees youth custody in England stopped placing children in Medway In February a Guardian investigation revealed that in 2003 whistleblowers had warned G4S the Ministry of Justice MoJ and the YJB that staff were mistreating detained children Their letter forwarded by Prof John Pitts a youth justice expert was ignored When the prisons inspectorate carried out a snap inspection at Medway it found detainees reported staff had used insulting aggressive or racist language toward them and felt unsafe in facility portions not covered by closed circuit TV Reviewers agreed to the legitimacy of evidence presented by Panorama showing targeted bullying of vulnerable boys by employees and that A larger group of staff must have been aware of unacceptable practice but did not challenge or report this behaviour In an earlier Ofsted report on Medway inspectors said staff and middle managers reported feeling a lack of leadership and having low or no confidence in senior managers Nick Hardwick at the time the chief inspector of prisons said Managerial oversight failed to protect young people from harm Effective oversight is key to creating a positive culture that prevents poor practice happening and ensuring it is reported when it does The Guardian newspaper learned that senior managers at Medway received performance related pay awards in April amounting to between 10 25 of their annual salaries according to seniority One 15 year old girl placed at Medway in 2009 said she was frequently unlawfully restrained over 18 months citing an occasion in which her face was repeatedly slammed into icy ground I assumed the senior management team would be sacked But now it looks like they have been rewarded for allowing children to be abused in prison she said Former Labour MP Sally Keeble has complained about G4S maltreatment in STC s for over ten years stating This is people making personal profit out of tragedy I hope that justice minister Liz Truss would intervene and make sure these bonuses are not being paid by a Ministry of Justice contractor Notwithstanding the results of the investigations no senior managers at Medway were disciplined or dismissed 60 In May the MoJ said the National Offender Management Service NOMS would take over the running of Medway In July it formally assumed control of the STC In February 2016 G4S had announced that it was to sell its children s services business including the contract to manage two secure training centres The company hoped to complete the process by the end of 2016 61 Following release of an extremely critical report regarding a G4S operated jail the Labour party s shadow justice secretary said they would be inclined to take control of for profit prisons if the industry competitors had not met deadlines imposed upon them Sadiq Khan s response stressed the need for better contracting to include liquidated damages provisions The chief inspector of prisons Nick Hardwick recommended the crafting of a takeover contingency plan It s not delivering what the public should expect of the millions being paid to G4S to run it Khan said I see no difference whether the underperformance is in the public private or voluntary sector We shouldn t tolerate mediocrity in the running of our prisons Khan continued We can t go on with scandal after scandal where the public s money is being squandered and the quality of what s delivered isn t up to scratch The government is too reliant on a cosy group of big companies The public are rightly getting fed up to the back teeth of big companies making huge profits out of the taxpayer which smacks to them of rewards for failure 62 United States editSee also Incarceration in the United States Privatization and Prison industrial complex In 2018 8 41 of prisoners in the United States were housed in private prisons 63 On January 25 2021 President Joe Biden issued an executive order to stop the United States Department of Justice from renewing further contracts with private prisons although most facilities are run by the states so the order will only apply to about 14 000 inmates housed in federal prisons 64 Early history edit One of the earliest examples of prison privatization in the US was in Louisiana in 1844 where a company produced clothing in a factory with inmate labor 65 66 In 1852 on the northwest San Francisco Bay in California inmates of the prison ship Waban began building a contract facility to house themselves at Point Quentin The prison became known as San Quentin which is still in operation today though it was partially transferred from private to public administration 67 During Reconstruction 1865 1876 in the south after the Civil War plantations and businessmen sought to continue exploiting Blacks after the United States ratified the 13th Amendment which abolished all forms of slavery except as punishment for a crime This exception allowed continued enslavement of Black people through convict leases 65 68 69 Southern prisoners laid railroad tracks worked on plantations mined coal and performed other labor while enduring terrible conditions including torture as a form of punishment The system was extremely profitable for former slaveowners and the states For example ten percent of Alabama s budget came from convict leases between 1880 and 1904 This system of unpaid labor remained in place until the early 20th century 65 1980s 2009 edit Federal and state governments have a long history of contracting out specific services to private firms including medical services food preparation vocational training and inmate transportation However the 1980s ushered in a new era of prison privatization as the War on Drugs increased prison populations 66 Overcrowding and rising costs became increasingly problematic for local state and federal governments Private business interests saw an opportunity to expand beyond simple contracting of services into the management and operation of entire prisons 70 Modern private prisons first emerged in 1984 when the Corrections Corporation of America CCA now known as CoreCivic was awarded a contract to take over operation of a jail in Hamilton County Tennessee 71 The following year CCA gained further public attention when it offered to take over the entire state prison system of Tennessee for 200 million The bid was ultimately defeated due to strong opposition from public employees and the skepticism of the state legislature 72 Sixty six additional private prisons were opened in the US between 1984 and 1990 66 CCA s 52 million January 1997 purchase of Washington D C s 100 million Central Treatment Facility was the first time a prison has been sold outright although under a lease back arrangement ownership is supposed to revert to D C after 20 years 73 2010s edit Statistics from the U S Department of Justice show that as of 2019 there were 116 000 state and federal prisoners housed in privately owned prisons in the U S constituting 8 1 of the overall U S prison population Broken down to prison type 15 7 of the federal prison population in the United States is housed in private prisons and 7 1 of the U S state prison population is housed in private prisons 74 As of 2017 after a period of steady growth the number of inmates held in private prisons in the United States has declined modestly and continues to represent a small share of the nation s total prison population 75 Companies operating such facilities include the Corrections Corporation of America CCA the GEO Group Inc formerly known as Wackenhut Securities Management and Training Corporation MTC and Community Education Centers In the past two decades CCA has seen its profits increase by more than 500 percent citation needed The prison industry as a whole took in over 5 billion in revenue in 2011 76 According to journalist Matt Taibbi Wall Street banks took notice of this influx of cash and are now some of the prison industry s biggest investors Wells Fargo has around 100 million invested in GEO Group and 6 million in CCA Other major investors include Bank of America Fidelity Investments General Electric and The Vanguard Group CCA s share price went from a dollar in 2000 to 34 34 in 2013 76 Sociologist John L Campbell and activist and journalist Chris Hedges respectively assert that prisons in the United States have become a lucrative and hugely profitable business 77 78 In June 2013 students at Columbia University discovered that the institution owned 8 million worth of CCA stock Less than a year later students formed a group called Columbia Prison Divest and delivered a letter to the president of the University demanding total divestment from CCA and full disclosure of future investments 79 By June 2015 the board of trustees at Columbia University voted to divest from the private prison industry 80 CoreCivic previously CCA has a capacity of more than 80 000 beds in 65 correctional facilities The GEO Group operates 57 facilities with a capacity of 49 000 offender beds 81 The company owns or runs more than 100 properties that operate more than 73 000 beds in sites across the world 82 Most privately run facilities are located in the southern and western portions of the United States and include both state and federal offenders 83 For example Pecos Texas is the site of the largest private prison in the world the Reeves County Detention Complex operated by the GEO Group 84 It has a capacity of 3 763 prisoners in its three sub complexes 85 Private prison firms reacting to reductions in prison populations are increasingly looking away from mere incarceration and are seeking to maintain profitability by expanding into new markets previously served by non profit behavioral health and treatment oriented agencies including prison medical care forensic mental hospitals civil commitment centers halfway houses and home arrest 86 87 88 A 2016 report by the U S Department of Justice asserts that privately operated federal facilities are less safe less secure and more punitive than other federal prisons 89 Shortly thereafter the DoJ announced it will stop using private prisons 90 Nevertheless a month later the Department of Homeland Security renewed a controversial contract with the CCA to continue operating the South Texas Family Residential Center an immigrant detention facility in Dilley Texas 91 Stock prices for CCA and GEO Group surged following Donald Trump s victory in the 2016 elections 92 93 On February 23 the DOJ under Attorney General Jeff Sessions overturned the ban on using private prisons According to Sessions the Obama administration memorandum changed long standing policy and practice and impaired the bureau s ability to meet the future needs of the federal correctional system Therefore I direct the bureau to return to its previous approach 94 Additionally both CCA and GEO Group have been expanding into the immigrant detention market Although the combined revenues of CCA and GEO Group were about 4 billion in 2017 from private prison contracts their number one customer was ICE 95 Impact edit According to a 2021 study private prison inmates serve longer time in prison than comparable inmates in public prisons 96 According to Elizabeth S Anderson private prisons generate profits by maximizing the number of beds filled per day and primarily by cutting salaries staff numbers and staff training As a result of the latter according to a 2016 report by the OIG on privatized federal prisons privatized facilities see prisoner on prisoner assault rates that are 32 percent higher prisoner on staff assault rates 260 percent higher and rates of prisoner on staff sexual assault 500 percent higher when compared to state run facilities She says while the state run facilities are horrific for both staff and prisoners the profit motive in privatized punishment merely adds to the unconscionable harms and injustices of the American system of mass incarceration 97 Increase in the prison population edit From 1925 to 1980 the prison population stayed consistent with the general population The private prison population began to increase at an disproportional rate in 1983 the year that private prisons began operation in the United States From 1925 to 1980 the prison population had a gradual increase from 150 000 to 250 000 However From 1983 to 2016 the prison population has increased from 250 000 to 1 500 000 98 The exact causes for this overwhelming increase cannot be assigned to individual policies as even similar types of criminal sentencing policies were associated with wildly different rates of incarceration in different communities due to powerful external factors such as income disparity racial makeup and even the party affiliation of the lawmakers 99 Correlated with the rise of incarceration rates in the United States was the abolition of loose sentencing guidelines for crimes 99 Before 1970 in the United States judges were given generally wide sentencing frames 2 20 years allowing judges ample room for judicial discretion Liberal Americans argued that this system left room for discrimination in sentencing while conservatives argued that this discretion led to unduly lenient sentences Under pressure from both sides many states adopted presumptive sentencing practices or presumptive sentencing guidelines These policies presented a single recommended sentence among the wider statutory range This left judges with some room to increase or reduce the sentence in response to mitigating or aggravating circumstances but generally limited their discretion under penalty of automatic appeal through appellate review Accompanying this change was the adoption of determinate sentencing practices These acted in the same way as presumptive sentencing but instead concerned release Adoption of these type of laws effectively ended discretionary parole release for all offenses and made mandatory minimum sentences the norm 99 Researchers have had mixed results in trying to determine whether these policies themselves led to increased incarceration rates and the results largely depended on the demographics of the community in question Based on a correlation matrix assembled by Stemen and Rengifo it was shown that the percentage of black residents in a community had a much higher correlation with an increased incarceration rate than the area s choice of sentencing policy Determinate sentencing was however linked with increased drug arrests which correlated highly with increased incarceration rate and minority population percentage Determinate and structured sentencing policies on their own lead to more stable jail times as they leave less room for judicial input In doing so they embody the attitudes of the population at the time they were created As a result of their static nature these policies were not well adapted to face the wave of drug related offenses created by the crack epidemic of the 1980s and the modern opioid crisis When Reagan s War on Drugs lead to a massive rise in numbers in prisons private prison operators were quick to seize the opportunity According to statistics from The Problem with Private Prisons Justice Policy Institute 100 from 1990 to 2005 there was a 1600 percent increase in the American private prison population However the vast majority of prisoners over 90 percent remain in publicly run prisons 101 Cost benefit analysis edit To properly compare the benefits of private versus public prisons the prisons must share common factors such as similar levels of security number of staff and population in the prisons 102 Studies some partially industry funded often conclude that states can save money by using for profit prisons However academic or state funded studies have found that private prisons tend to keep more low cost inmates and send high cost back to state run prisons This is counterproductive to the cost benefit analysis of the Private Prisons and contradicts the original selling point of the CCA and other private prisons to mitigate the cost of running prisons 103 In practice these companies have not been shown to definitively reduce costs and have created several unintended outcomes The supposed benefit of outsourcing correctional services takes root in the liberal economic idea that having multiple companies compete to provide a service would naturally make the companies innovate and find ways to increase their efficiency to win more contracts than the others Few companies ever got involved in the business In the United States CoreCivic GEO Group Incorporated and Management and Training Corporation house all the privately held federal inmates and most state inmates across the United States United States Department of Justice Office of the Inspector General 1 Naturally this means there is little competition within the industry When comparing the quality of the services that private prisons provide versus their public counterparts a 2016 report from the Office of the Inspector General found that private facilities underperformed their public counterparts in several key safety areas 14 private prisons were surveyed in this study and compared to 14 federally operated facilities of the same security level in this study Privately run facilities were found to have higher rates of inmate on inmate and inmate on staff assaults per capita 104 Twice as many weapons and eight times as many contraband phones were confiscated per capita at private facilities versus their public counterparts 104 Determining the quality per dollar spent by private prisons is a difficult proposition At a surface level the Federal Bureau of Prisons BOP reports that private prisons expended an average of 22 488 annually per capita from 2011 2014 while BOP institutions expended 24 426 104 This may seem like a clear indication of savings but there is a critical lack of information about how the money supplied to private institutions is being spent each month The Federal Bureau of Prisons BOP which oversees both federal and private prisons in the United States does not receive cost information broken out by function or department for private institutions leaving them no way to compare the expenditures made in key cost saving areas such as food and medical care Without this data federal overseers cannot adequately evaluate the efficiency of the programs offered at private institutions Several Research studies have indicated that the cost savings indicated in these reports may come from lower wages lower staffing levels and reduced employee training at these private facilities 105 Another consideration when examining these cost savings is the disparity in the inmates housed at private facilities versus those that are publicly funded Private institutions often have a laundry list of internal rules about the kinds of prisoners they will house These rules are designed to prevent private companies from taking on prisoners that will be particularly costly to house Christopher Petrella a researcher at the University of California investigated some of the rules set forth by CoreCivic in their contract with the California Department of Corrections and Rehabilitation Based on their agreement CoreCivic could refuse the intake of prisoners over a multitude of health issues such as HIV of Hepatitis C positive status as well as mental health concerns 106 This is indicative of a greater trend across the United States Private prisons tend to house prisoner that carry lower risk levels and require fewer services than their public counterparts making direct comparisons of savings unreliable According to a 2020 study of private prisons in Mississippi private prison inmates serve 90 additional days The delayed release erodes half of the cost savings offered by private contracting and is linked to the greater likelihood of conduct violations in private prisons 107 Costs edit Proponents of privately run prisons contend that cost savings and efficiency of operation place private prisons at an advantage over public prisons and support the argument for privatization but some research casts doubt on the validity of these arguments as evidence has shown that private prisons are neither demonstrably more cost effective nor more efficient than public prisons 70 An evaluation of 24 different studies on cost effectiveness revealed that at best results of the question are inconclusive and at worst there is no difference in cost effectiveness 108 A study by the U S Bureau of Justice Statistics found that the cost savings promised by private prisons have simply not materialized 109 failed verification Some research has concluded that for profit prisons cost more than public prisons 110 Furthermore cost estimates from privatization advocates may be misleading because private facilities often refuse to accept inmates that cost the most to house A 2001 study concluded that a pattern of sending less expensive inmates to privately run facilities artificially inflated cost savings 111 A 2005 study found that Arizona s public facilities were seven times more likely to house violent offenders and three times more likely to house those convicted of more serious offenses 112 A 2011 report by the American Civil Liberties Union point out that private prisons are more costly more violent and less accountable than public prisons and are actually a major contributor to increased mass incarceration 113 This is most apparent in Louisiana which has the highest incarceration rate in the world and houses the majority of its inmates in for profit facilities 114 Marie Gottschalk professor of political science at the University of Pennsylvania argues that the prison industry engages in a lot of cherry picking and cost shifting to maintain the illusion that the private sector does it better for less In fact she notes that studies generally show that private facilities are more dangerous for both correctional officers and inmates than their public counterparts as a result of cost cutting measures such as spending less on training for correctional officers and paying them lower wages and providing only the most basic medical care for inmates 105 A 2014 study by a doctoral candidate at UC Berkeley shows that minorities make up a greater percentage of inmates at private prisons than in their public counterparts largely because minorities are cheaper to incarcerate According to the study for profit prison operators in particular CCA and GEO Group accumulate these low cost inmates through explicit and implicit exemptions written into contracts between these private prison management companies and state departments of correction 115 Recidivism rates how many prisoners are re arrested after release are not usually considered to measure performance A study in 2005 found that out of half of the federal prisoners released that year 49 3 were arrested again later on 116 Pennsylvania became one of the first states to offer a financial incentive to corrections facilities that were privately operated and could lower their recidivism rates in 2013 In order for these facilities to gain a 1 bonus they had to lower rates to 10 below the baseline Together all 40 of these facilities in the state had an average of 16 4 reduction in their recidivism rates 102 Inadequacies including being understaffed edit Evidence suggests that lower staffing levels and training at private facilities may lead to increases in the incidence of violence and escapes A nationwide study found that assaults on guards by inmates were 49 percent more frequent in private prisons than in government run prisons The same study revealed that assaults on fellow inmates were 65 percent more frequent in private prisons 117 An example of private prisons inadequate staff training leading to jail violence was reported by two Bloomberg News journalists Margaret Newkirk and William Selway in Mississippi regarding the now closed Walnut Grove Correctional Facility WGCF According to the journalists the ratio of staff to prisoners in this prison was only 1 to 120 In a bloody riot in this prison six inmates were rushed to the hospital including one with permanent brain damage During the riot the staff of the prison did not respond but waited until the melee ended because prisoners outnumbered staff by a ratio of 60 1 The lack of well trained staff does not only lead to violence but also corruption According to a former WGCF prisoner the corrections officers were also responsible for smuggling operations within the prison To make more money some provided prisoners with contraband including drugs cellphones and weapons 118 Law enforcement investigations led to the exposure of a far wider web of corruption Bureaucratic corruption scandals edit At the Walnut Grove C F intense corruption was involved in the construction and operation of and subcontracting for medical commissary and other services After exposure of the rape of a female transitional center prisoner by the mayor who also served as a warden a bribery scheme was uncovered It had paid millions to the corrupt Mississippi Department of Corrections Commissioner Chris Epps and his conduits Ten additional officials and consultants including three former state legislators two Republicans and one Democrat were indicted in the Department of Justice s Operation Mississippi Hustle prosecution Prior to the Mississippi investigations and prosecutions a similar investigation began in 2003 dubbed Operation Polar Pen exposed a wide ranging bribery scheme of what legislative members themselves called the Corrupt Bastards Club CBC It initially involved for profit corrections then extended to include fisheries management and oil industry taxation At least fifteen targets of the investigation including ten sitting or former elected officials the governor s chief of staff and four lobbyists were considered for possible prosecution and a dozen were indicted Investigation of a Democratic state senator found nothing amiss but ten indictments were issued that included six Republican state legislators two halfway house lobbyists two very wealthy contractors and the U S Senator Ted Stevens The seven felony convictions against Stevens were overturned as were verdicts involving three other legislators and the governor s Chief of Staff one directly due to the Supreme Court s overturning part of the existing Honest Services Fraud in the case of Representative Bruce Weyhrauch Weyhrauch pleaded guilty to a state misdemeanor Others also had their verdicts overturned in part because the prosecution failed to completely disclose exculpatory evidence to their defense but three of those also pleaded guilty to lesser charges Though they were implicated the Department of Justice also declined to prosecute a former state senator and the U S Congressman Don Young who spent over a million dollars on his defense though he was never indicted Judicial corruption scandal edit In the kids for cash scandal Mid Atlantic Youth Services Corp a private prison company which runs juvenile facilities was found guilty of paying two judges Mark Ciavarella and Michael Conahan 2 8 million to send 2 000 children to their prisons for such alleged crimes as trespassing in vacant buildings and stealing DVDs from Wal Mart 119 120 Sentenced to 28 years in federal prison Ciavarella will spend his time in Kentucky at Federal Correctional Institution Ashland 121 The two judges were not the only ones at fault though seeing as the First National Community Bank never reported the suspicious activity causing the scandal to go on even longer 122 In the end FNCB was fined 1 5 million for failing to report the suspicious activities including transactions that went on over a total of 5 years 123 Lobbying edit From 1999 2010 the Sentencing Project found that Corrections Corporation of America CCA spent on average 1 4 million per year on lobbying at the federal level and employed a yearly average of seventy lobbyists at the state level 124 The influence of the for profit prison industry on the government has been described as the prison industrial complex 125 126 127 128 CoreCivic previously CCA MTC and The GEO Group have been members of the American Legislative Exchange Council ALEC a Washington D C based public policy organization that develops model legislation that advances free market principles such as privatization Under their Criminal Justice Task Force ALEC has developed model bills which State legislators can then consult when proposing tough on crime initiatives including Truth in Sentencing and Three Strikes laws 129 By funding and participating in ALEC s Criminal Justice Task Forces critics argue private prison companies influence legislation for tougher longer sentences 130 Writing in Governing magazine in 2003 Alan Greenblatt states ALEC has been a major force behind both privatizing state prison space and keeping prisons filled It puts forward bills providing for mandatory minimum sentences and three strikes sentencing requirements About 40 states passed versions of ALEC s Truth in Sentencing model bill which requires prisoners convicted of violent crimes to serve most of their sentences without chance of parole 131 According to Cooper Heldman Ackerman and Farrar Meyers 2016 ALEC has been known to push for the expansion of the private prison industry by promoting greater use of private prisons goods and services promoting greater use of prison labor and increasing the size of prison populations ALEC has had a hand in not only broadening the definition of existing crimes but also in the creation of new crimes ALEC is known for developing policies that may threaten civil liberties by increasing the probabilities of incarceration and lengthy sentences Cooper et al 2016 According to a 2010 report by NPR ALEC arranged meetings between the Corrections Corporation of America and Arizona s state legislators such as Russell Pearce at the Grand Hyatt in Washington D C to write Arizona SB 1070 which would keep CCA s immigrant detention centers stuffed with detainees 132 133 CCA and GEO have both engaged in state initiatives to increase sentences for offenders and to create new crimes including CCA helping to finance Proposition 6 in California in 2008 and GEO lobbying for Jessica s Law 134 in Kansas in 2006 In 2012 The CCA sent a letter to 48 states offering to buy public prisons in exchange for a promise to keep the prisons at 90 occupancy for 20 years 135 136 States that sign such contracts with prison companies must reimburse them for beds that go unused in 2011 Arizona agreed to pay Management amp Training Corporation 3 million for empty beds when a 97 percent quota wasn t met 137 In 2012 it was reported that the DEA had met up with the CCA to incorporate laws that would increase the CCA s prison population and in turn increased the CCA s prison population 138 unreliable source CCA now CoreCivic closed their facility in Estancia New Mexico as the lack of prisoners made them unable to turn a profit which left 200 employees without jobs 139 140 OpenSecrets reported that private prison corporations donated a record breaking 1 6 million in federally disclosed contributions in the 2018 midterm elections 141 Opposition edit Many organizations have called for a moratorium on construction of private prisons or for their outright abolition 142 The Presbyterian Church U S A and United Methodist Church have also joined the call as well as a group of Southern Catholic Bishops 143 144 As of 2013 there has been a modest pushback against the private prison industry with protests forcing GEO Group to withdraw its 6 million offer for naming rights of FAU Stadium and Kentucky allowing its contract with the CCA to expire ending three decades of allowing for profit companies to operate prisons in that state 145 In 2014 Idaho will be taking over the operation of the Idaho Correctional Center from the CCA which has been the subject of a plethora of lawsuits alleging rampant violence understaffing gang activity and contract fraud Idaho governor Butch Otter said In recognition of what s happened what s happening it s necessary It s the right thing to do It s disappointing because I am a champion of privatization 146 In the final quarter of 2013 Scopia Capital Management DSM North America and Amica Mutual Insurance divested around 60 million from CCA and GEO Group 147 In a Color of Change press release DSM North America President Hugh Welsh said In accordance with the principles of the UN Global Compact with respect to the protection of internationally proclaimed human rights the pension fund has divested from the for profit prison industry Investment in private prisons and support for the industry is financially unsound and divestment was the right thing to do for our clients shareholders and the country as a whole 147 Attempts to limit privatization and increase oversight edit Some U S states have imposed bans population limits and strict operational guidelines on private prisons Banning privatization of state and local facilities Illinois in 1990 Private Correctional Facility Moratorium Act and New York in 2000 enacted laws that ban the privatization of prisons correctional facilities and any services related to their operation Louisiana enacted a moratorium on private prisons in 2001 In September 2019 the California legislature passed a bill that would prohibit private prison companies from operating in the state however ICE later extended a contract to continue the use of private prisons into the future due to it being exempt from state laws as it is a federal agency pursuant to the Supremacy Clause and due to the fact that Congress has not banned the use of private prisons 148 149 Banning speculative private prison construction For profit prison companies have built new prisons before they were awarded privatization contracts in order to lure state contract approval In 2001 Wisconsin s joint budget committee recommended language to ban all future speculative prison construction in the state Such anticipatory building dates back to at least 1997 when Corrections Corporation of America built a 2 000 bed facility in California at a cost of 80 100 million with no contract from the California Department of Corrections a CCA official was quoted as saying If we build it they will come 150 Banning exportation and importation of prisoners To ensure that the state retains control over the quality and security of correctional facilities North Dakota passed a bill in 2001 that banned the export of Class A and AA felons outside the state Similarly Oregon allowed an existing exportation law to sunset in 2001 effectively banning the export of prisoners Several states have considered banning the importation of prisoners to private facilities Requiring standards comparable to state prisons New Mexico enacted legislation that transfers supervision of private prisons to the state Secretary of Corrections ensuring that private prisons meet the same standards as public facilities In 2001 Nebraska legislation that requires private prisons to meet public prison standards was overwhelmingly approved by the legislature but pocket vetoed by the governor citation needed Oklahoma passed a law in 2005 that requires private prisons to have emergency plans in place and mandates state notification of any safety incidents The Federal Bureau of Prisons announced its intent to end for profit prison contracts Terminating federal contracts On August 18 2016 Deputy U S Attorney General Sally Yates announced that the Justice Department intended to end its Bureau of Prisons contracts with for profit prison operators because it concluded the facilities are both less safe and less effective at providing correctional services than the Federal Bureau of Prisons In response Issa Arnita the spokesperson for the third largest U S for profit prison operator Management and Training Corporation said it was disappointed to learn about the DOJ s decision If the DOJ s decision to end the use of contract prisons were based solely on declining inmate populations there may be some justification but to base this decision on cost safety and security and programming is wrong 151 In a memorandum Yates continued for profit prisons served an important role during a difficult period but time has shown that they compare poorly to our own Bureau facilities They simply do not provide the same level of correctional services programs and resources they do not save substantially on costs and as noted in a recent report by the Department s Office of Inspector General they do not maintain the same level of safety and security The rehabilitative services that the Bureau provides such as educational programs and job training have proved difficult to replicate and outsource and these services are essential to reducing recidivism and improving public safety Also the recidivism rates of the private prisons Within three years of release about two thirds 67 8 percent of released prisoners were rearrested Within five years of release about three quarters 76 6 percent of released prisoners were rearrested Of those prisoners who were rearrested more than half 56 7 percent were arrested by the end of the first year These private prison recidivism rates compared to the public prison s recidivism rates are virtually identical and in return have minuscule benefits 152 153 At the time the Justice Department held 193 000 inmates about 22 000 of whom were in 14 private prisons Criminal justice reform had caused the prison population to drop by about 25 000 inmates over the previous few years Separately the Department of Homeland Security intends to continue to hold some suspected illegal aliens in private prisons 154 Media coverage in the United States edit Documentary edit Kids for cash scandal was featured in Capitalism A Love Story the 2009 documentary by Michael Moore 155 A full length documentary covering the kids for cash scandal entitled Kids for Cash was released in February 2014 156 13th is an Oscar nominated 2016 documentary that examines the role of private prison contracts in the mass incarceration of blacks and Latinos primarily in the United States The name refers to the Thirteenth Amendment which abolished slavery yet allows for involuntary servitude as a punishment for crime Drama edit Kids for Cash scandal has also led to several portrayals in fictional works Both the Law amp Order SVU episode Crush and an episode of The Good Wife featured corrupt judges sending children to private detention centers An episode of Cold Case titled Jurisprudence is loosely based on this event 157 158 159 Season 3 of Orange Is the New Black portrays the transformation of the prison from federally owned to a privately owned prison for profit An episode of Elementary focuses on private prisons competing with each other in New Jersey to win a bid for another prison An episode of Boston Legal sees a 15 year old former inmate suing a private prison over an alleged rape by one of its corrections officers 160 See also editConvict lease Correctional Services Corporation Critical Resistance Angela Davis East Mississippi Correctional Facility Prison abolition movement Prison industrial complex Private probation Privatization Public private partnership Wackenhut Corp Walnut Grove Correctional Facility Winn Correctional CenterReferences edit Carey L Biron August 20 2013 More Countries Turn to Faltering U S Prison Privatisation Model Inter Press Service Retrieved March 31 2019 Private prisons in Australia November 3 2017 Corrective services Retrieved November 7 2018 Glushko 2016 p 19 Glushko Anastasia 2016 Doing well and doing good The case for privatising prisons PDF Policy Magazine Vol 32 no 1 Australia The Centre for Independent Studies pp 19 23 Prison Privatisation in Australia The State of the Nation Accountability Costs Performance and Efficiency PDF University of Sydney 2016 Retrieved November 10 2018 permanent dead link Nauru and Manus Island Fact Sheet PDF Wilson Security Archived from the original PDF on July 8 2018 Retrieved November 10 2018 Immigration detention and human rights November 8 2013 Doherty Ben May 17 2016 Australia s indefinite detention of refugees illegal UN rules The Guardian All children to be off Nauru by year s end The Sydney Morning Herald November 1 2018 Retrieved April 8 2022 Australia Appalling Abuse Neglect of Refugees on Nauru Human Rights Watch August 2 2016 Retrieved April 8 2022 Hall Nicole Hasham Inga Ting Sarah Muller Bianca January 21 2016 Australia s harshest detention centre revealed The Sydney Morning Herald Retrieved April 8 2022 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Australian Border Deaths Database Monash Migration and Inclusion Centre Retrieved April 8 2022 Ontario to Take Back Control of Private Super Jail CBC News November 10 2006 Retrieved October 15 2019 Turnaround s end Huntsville Forester Metroland Media Group December 5 2003 Retrieved March 25 2020 Tencer Daniel July 13 2012 Prison Privatization Canada Mulls Contracting Services To Companies Lobbying For Correctional Work The Huffington Post Canada Retrieved October 15 2019 Mayeda Andrew July 10 2012 Canada Studying Private Firms for Prisons as Budgets Fall Bloomberg Retrieved October 15 2019 Guilbaud Fabrice 2011 La privatisation des prisons entre marche et dogme securitaire In Benguigui G Guilbaud F Malochet G eds Prisons sous tensions in French Nimes Champ social pp 190 220 Zarchin Tomer November 20 2009 International Legal Precedent No Private Prisons in Israel Haaretz Retrieved April 8 2022 Psygkas Akis November 22 2009 Cases Prison Privatization Judged Unconstitutional by the Supreme Court of Israel Comparative Administrative Law Blog Retrieved April 8 2022 Fact Sheet 54 Private Prisons Ideology or evidence led Howard League for Penal Reform April 27 2009 Archived from the original on February 5 2013 Retrieved October 6 2023 Kay Martin December 14 2010 Govt awards first private prison contract Stuff Retrieved October 6 2023 Appleby Luke July 16 2015 Exclusive Secret gang fight club at Mt Eden Prison revealed 1 News TVNZ Archived from the original on February 10 2018 Retrieved December 24 2017 Serco admits fight club reports came months ago The New Zealand Herald NZME July 20 2015 Retrieved October 6 2023 Serco to pay 8m to Corrections Radio New Zealand April 4 2016 Retrieved December 24 2017 Cheng Derek March 8 2012 New private prison at Wiri given green light The New Zealand Herald Retrieved October 6 2023 Collins Simon August 2 2011 Official nod makes Wiri biggest prison precinct The New Zealand Herald Retrieved October 6 2023 Prison plans nonsensical Labour The New Zealand Herald APNZ March 22 2012 Retrieved October 6 2023 Why build a private prison when we have empty beds in public ones Public Service Association March 9 2012 Archived from the original on December 20 2012 Retrieved October 6 2023 Minister defends prison closure plans The New Zealand Herald APNZ March 23 2012 Retrieved October 6 2023 Corrections Department NZ Auckland South Corrections Facility February 7 2018 Retrieved March 16 2018 Collins Simon May 8 2015 NZ s first privately owned jail opened today The New Zealand Herald Retrieved March 16 2018 Cheng Derek November 5 2017 Govt wants to axe new prison and lower prison muster The New Zealand Herald Retrieved March 16 2018 Corrections Department NZ Prison facts and statistics June 2016 February 24 2017 Archived from the original on January 22 2019 Retrieved November 10 2018 소망교도소 Somangcorrection org in Korean 소망교도소 Retrieved November 27 2020 Hong Stephen December 3 2010 Protestants open South Korea s first private jail Union of Catholic Asian News Seoul Retrieved November 7 2023 Kim Ki hwan Lee Ga hyuk September 1 2013 At private prison life isn t so awful Korea JoongAng Daily Retrieved November 7 2023 Savou Taniela October 26 2020 OPINION Making a real change in the lives of prisoners Fiji Times Retrieved November 7 2023 Prison population statistics GOV UK September 2023 Campbell Charles F 2001 The intolerable hulks British shipboard confinement 1776 1857 3rd ed Tucson Ariz Fenestra Books ISBN 1 58736 068 3 OCLC 48803593 Nehal Panchamia November 14 2012 Competition in prisons PDF Institute for Government Retrieved April 4 2018 Criminal Justice Act 1991 legislation gov uk The National Archives 1991 c 53 Helene Mulholland August 23 2007 Scottish Executive scraps private prison plan The Guardian Retrieved May 25 2016 Hansard Written Answers 5 11 2018 full citation needed announcement on 29 November Written Answer 271526 2018 2019 inspections of probation services summary report Her Majesty s Inspectorate of Probation Four new prisons boost rehabilitation and support economy GOV UK June 28 2020 Crewe Ben Liebling Alison Hulley Susie April 4 2011 Staff culture use of authority and prisoner quality of life in public and private sector prisons Australian amp New Zealand Journal of Criminology 44 1 94 115 doi 10 1177 0004865810392681 ISSN 0004 8658 S2CID 145558945 The Operational Performance of PFI Prisons National Audit Office NAO Report National Audit Office June 18 2003 Retrieved April 8 2022 Liebling Alison Schmidt Bethany Crewe Ben Auty Katherine July 2015 et al Birmingham prison the transition from public to private sector and its impact on staff and prisoner quality of life a three year study PDF National Offender Management Service Le Vay Julian 2016 Competition for prisons public or private Bristol ISBN 978 1 4473 1323 6 OCLC 931873390 a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link Hansard 14 May 2019 col 104 Ashfield Young Offenders Institution restraint rates up nine fold BBC 17 February 2012 Retrieved 26 September 2016 G4S run youth jail criticised over degrading treatment of dainees The Guardian com May 20 2016 Retrieved March 23 2016 Inspection of Rainsbrook Secure Training Centre PDF London Ofsted May 20 2015 Archived from the original PDF on August 18 2016 Retrieved March 23 2016 Four sacked after Panorama investigation into G4S unit BBC News January 12 2016 Retrieved October 22 2016 Panorama G4S young offenders centre probe Four arrested BBC News January 13 2013 Retrieved October 22 2016 Hallison Eric Hattenstone Simon January 11 2016 G4S guards at youth prison alleged to have falsified reports to avoid fines The Guardian Retrieved October 22 2016 Managers at G4S run Medway youth jail paid bonuses despite failings The Guardian Eric Allison amp Simon Hattenstone October 21 2016 Retrieved 22 October 2016 G4S Medway unit Security firm to sell children s services BBC News February 26 2016 Retrieved October 22 2016 Failing private prisons to be renationalized says Labour The Guardian Nicholas Watt Jan 2 2014 Retrieved 27 September 2016 Corrections Statistical Analysis Tool CSAT Prisoners Bureau of Justice Statistics BJS Slisco Aila January 26 2021 Joe Biden moves to end federal use of private prisons after pledging to reduce mass incarceration Newsweek Archived from the original on January 27 2021 Retrieved January 28 2021 a b c America s Shocking History of Private Prisons Time September 25 2018 Retrieved October 24 2023 a b c Capital and the Carceral State Prison Privatization in the United States and United Kingdom Harvard International Review September 23 2020 Retrieved October 24 2023 San Quentin California Department of Corrections and Rehabilitation Retrieved 22 October 2016 Todd W 2005 Convict Lease System Archived September 27 2008 at the Wayback Machine In The New Georgia Encyclopedia Retrieved October 1 2006 Zito M December 8 2003 Prison Privatization Past and Present International Foundation for Protection Officers Archived from the original on September 23 2006 Retrieved November 7 2019 a b Prison Privatization and the Use of Incarceration In the Public Interest The Sentencing Project September 1 2004 Retrieved April 8 2022 Mattera Phil Khan Mafruza October 2001 Jail Breaks Economic Development Subsidies Given to Private Prisons PDF Good Jobs First p 2 Bates Eric January 5 1998 Private Prisons The Nation p 13 Matt Bai August 4 1997 On the Block Newsweek pp 60 61 Carson E Ann October 2020 Prisoners in 2019 PDF Bureau of Justice Statistics U S private prison population has declined in recent years Pew Research Center April 11 2017 a b Matt Taibbi 2014 The Divide American Injustice in the Age of the Wealth Gap Spiegel amp Grau ISBN 081299342X pp 214 216 Campbell John L 2010 Neoliberalism s penal and debtor states Theoretical Criminology 14 1 59 73 doi 10 1177 1362480609352783 S2CID 145694058 Chris Hedges December 29 2014 The Prison State of America Truthdig Retrieved December 29 2014 Hannah Gold 18 June 2014 5 Links Between Higher Education and the Prison Industry Rolling Stone Retrieved 13 July 2014 George Joseph June 27 2015 The New Divestment Movement Jacobin Retrieved June 27 2015 The GEO Group Inc 2005 Retrieved October 2 2006 from Corporate Archived 2006 10 05 at the Wayback Machine Bishop Greg February 19 2013 A Company That Runs Prisons Will Have Its Name on a Stadium The New York Times Schmalleger Frank 2001 Corrections in the 21st century John Ortiz Smykla New York Glencoe McGraw Hill ISBN 0 02 802567 9 OCLC 42736361 Private Prisons Public Pain Fort Worth Weekly March 10 2010 Retrieved May 25 2016 The Geo Group Inc 2012 Annual Report PDF p 12 Archived from the original PDF on April 23 2013 Retrieved April 7 2013 The Treatment Industrial Complex How For Profit Prison Corporations are Undermining Efforts to Treat and Rehabilitate Prisoners for Corporate Gain Archived November 13 2017 at the Wayback Machine American Friends Service Committee November 2014 Kay Whitlock and Nancy A Heitzeg February 24 2015 Bipartisan Criminal Justice Reform A Misguided Merger Archived July 2 2017 at the Wayback Machine Truthout Retrieved March 16 2015 Sarah Stillman June 23 2014 Get Out of Jail Inc The New Yorker Retrieved March 16 2015 Laughland Oliver August 12 2016 Private federal prisons more dangerous damning DoJ investigation reveals The Guardian Retrieved April 8 2022 Zorthian Julia August 18 2016 Justice Department Will Stop the Use of Private Prisons Time Retrieved April 8 2022 Michaels Samantha The fight against the private prison industry was just dealt a huge blow Mother Jones Retrieved April 8 2022 Planas Roque November 9 2016 Private Prison Stocks Surge After Trump Victory HuffPost Retrieved April 8 2022 Ferris Robert November 11 2016 Prison stocks are flying on Trump victory CNBC Retrieved April 8 2022 U S reverses Obama era move to phase out private prisons Reuters February 23 2017 Retrieved April 8 2022 Conlin Michelle Cooke Kristina January 18 2019 11 toothpaste Immigrants pay big for basics at private ICE lock ups www reuters com Retrieved January 18 2019 Mukherjee Anita 2021 Impacts of Private Prison Contracting on Inmate Time Served and Recidivism American Economic Journal Economic Policy 13 2 408 438 doi 10 1257 pol 20170474 ISSN 1945 7731 Anderson Elizabeth 2023 Hijacked How Neoliberalism Turned the Work Ethic against Workers and How Workers Can Take It Back Cambridge University Press pp 267 268 ISBN 978 1009275439 Capitalizing on Mass Incarceration U S Growth in Private Prisons The Sentencing Project August 2 2018 Retrieved November 8 2018 a b c Stemen Don Rengifo Andres F February 2011 Policies and Imprisonment The Impact of Structured Sentencing and Determinate Sentencing on State Incarceration Rates 1978 2004 Justice Quarterly 28 1 174 201 doi 10 1080 07418821003694759 ISSN 0741 8825 S2CID 144950675 The Problem with Private Prisons Justice Policy Institute www justicepolicy org Retrieved October 21 2018 Are private prisons driving mass incarceration Prison Policy Initiative October 7 2015 a b Friedmann Alex December 2014 Apples to Fish Public and Private Prison Cost Comparisons Fordham Urban Law Journal 42 2 503 568 Richard A Oppel Jr May 18 2011 Private Prisons Found to Offer Little in Savings New York Times a b c Review of the Federal Bureau of Prisons monitoring of contract prisons United States Department of Justice Office of the Inspector General Evaluation and Inspections Division 2016 OCLC 957766545 a b Marie Gottschalk Caught The Prison State and the Lockdown of American Politics Princeton University Press 2014 p 70 Petrella Christopher July 1 2014 An Open Letter to the Corrections Corporation of America American Civil Liberties Union Retrieved April 8 2022 Mukherjee Anita May 2021 Impacts of Private Prison Contracting on Inmate Time Served and Recidivism American Economic Journal Economic Policy 13 2 408 438 doi 10 1257 pol ISSN 1945 7731 S2CID 236623774 Maahs J Pratt T 1999 Are Private Prisons More Cost Effective Than Public Prisons A Meta Analysis of Evaluation Research Studies Crime amp Delinquency 45 3 358 371 doi 10 1177 0011128799045003004 S2CID 145111551 Prison and Jail Inmates at Midyear 2004 Bureau of Justice Statistics Retrieved April 8 2022 Dennis Cunningham Projected FY 2000 Cost of DOC Operated Medium Security Beds Compared to Private Prison Contracts 4th Annual Privatizing Correctional Facilities Conference September 24 1999 Selective Celling Inmate Population in Ohio s Private Prisons www policymattersohio org Retrieved April 8 2022 Cost Saving or Cost Shifting The Fiscal Impact of Prison Privatization in Arizona In the Public Interest February 1 2005 Retrieved April 8 2022 Shapiro David Banking on Bondage Private Prisons and Mass Incarceration PDF American Civil Liberties Union Retrieved March 31 2013 Chang Cindy May 29 2012 Louisiana is the world s prison capital The Times Picayune Archived from the original on March 3 2015 Retrieved April 4 2013 Holland Joshua 7 February 2014 Higher Profits Explain Why There Are More People of Color in Private Prisons Moyers amp Company Retrieved 7 February 2014 Brown Alys V October 2018 Are the U k s Payment by Results Programs Right for U s Prisons Emory International Law Review 33 1 175 201 James Austin and Garry Coventry Emerging Issues on Privatized Prisons Bureau of Justice Assistance February 2001 Newkirk M amp Selway W 2013 July 11 Gangs Ruled Prison as For Profit Model Put Blood on Floor Bloomberg com Retrieved July 11 2013 from George Monbiot The Guardian 3 March 2009 This revolting trade in human lives is an incentive to lock people up Pilkington Ed March 7 2009 Jailed for a MySpace parody the student who exposed America s cash for kids scandal The Guardian London Retrieved May 22 2010 Halpin James August 11 2016 Judge convicted in kids for cash scandal files to have some convictions overturned a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Falchek David February 27 2015 Regulators FNCB failed to report Kids for Cash money might have prolonged scandal a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Mocarsky Steve February 28 2015 FNCB fined 1 5 million in connection with Kids for Cash scandal a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help This Is the Real Reason Private Prisons Should Be Outlawed Time Retrieved November 9 2018 Whitehead John April 10 2012 Jailing Americans for Profit The Rise of the Prison Industrial Complex The Rutherford Institute Retrieved April 2 2013 Eric Schlosser December 1998 The Prison Industrial Complex The Atlantic Retrieved 2 January 2014 Ray Downs May 17 2013 Who s Getting Rich Off the Prison Industrial Complex Vice Retrieved 2 January 2014 Selman Donna and Paul Leighton 2010 Punishment for Sale Private Prisons Big Business and the Incarceration Binge Rowman amp Littlefield Publishers ISBN 1442201738 p 78 Pat Beall November 22 2013 Big business legislators pushed for stiff sentences The Palm Beach Post Retrieved May 12 2015 Archived copy PDF Archived from the original PDF on July 14 2007 Retrieved July 16 2013 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Greenblatt Alan October 2003 What Makes Alec Smart Governing Sullivan Laura 2010 Prison Economics Help Drive Ariz Immigration Law National Public Radio Sullivan Laura 2010 Shaping State Laws With Little Scrutiny National Public Radio Legislature of the State of Kansas HOUSE BILL No 2576 PDF Springfield Traffic Tickets Donald Cohen 11 July 2013 COLUMN Edward Snowden and the disaster of privatization Reuters Retrieved 11 July 2013 CRIMINAL How Lockup Quotas and Low Crime Taxes Guarantee Profits for Private Prison Corporations Archived 2014 04 24 at the Wayback Machine In the Public Interest Retrieved 20 September 2013 Katy Hall and Jan Diehm 19 September 2013 One Disturbing Reason For Our Exploding Prison Population INFOGRAPHIC The Huffington Post Retrieved 20 September 2013 West Kanye 2011 New Slaves Lyrics Downs Ray July 30 2017 New Mexico private prison to close doesn t have enough inmates to profit UPI Retrieved December 5 2018 Kozlowska Hanna August 3 2017 The prisons that propped up small US towns can hurt them badly when they shut down Quartz Retrieved December 5 2018 Pauly Madison November 12 2018 Private Prison Companies Poured Record Cash Into the 2018 Elections Mother Jones Retrieved November 14 2018 Center for Policy Alternatives n d Privatizing Prisons Retrieved October 3 2006 from the Center for Policy Alternatives Web site http www stateaction org issues issue cfm issue PrivatizingPrisons xml PCI Religious Statements Retrieved May 25 2016 Catholic Bishops of the South 2004 Wardens from Wall Street Prison Privatization PDF Atlanta GA Catholic Committee of the South Archived from the original PDF on November 8 2021 Retrieved November 7 2019 Slightly different versions of this document are available from Pennsylvania Peace and Justice Resources and The Catholic Labor Network Fischer Brendan June 28 2013 Pushback Against Privatization Across the Country Common Dreams Rebecca Boone 3 January 2014 Idaho to Take Over Privately Run State Prison ABC News Retrieved 3 January 2014 a b Katie Rose Quandt 28 April 2014 Corporations Divest Nearly 60 Million From Private Prison Industry Mother Jones Retrieved 2 May 2014 BondGraham Darwin September 12 2019 California bans private prisons including Ice detention centers The Guardian Retrieved September 16 2019 Castillo Andrea December 23 2019 ICE signs contracts extending private immigrant detention centers ahead of California ban LA Times Retrieved June 17 2020 Gunnison Robert B August 1 1997 Privately Run Prison Planned for Mojave Firm Says It Can House Inmates Cheaper San Francisco Chronicle p A22 Justice Department says it will end use of private prisons Washington Post Matt Zapotosky amp Chico Harlan August 8 2016 Retrieved 19 August 2016 Bellin Jeffrey April 2018 Gale Product Login Michigan Law Review 116 6 835 858 doi 10 36644 mlr 116 6 reassessing S2CID 246378992 Retrieved October 14 2018 Reducing Our Use of Private Prisons Archived September 9 2017 at the Wayback Machine United States Department of Justice Sally Q Yates August 18 2016 Retrieved 19 August 2016 Justice Department Will Phase Out Its Use Of Private Prisons The Kids for Cash Scandal from Capitalism A Love Story Kids for Cash 2013 IMDb August 1 2015 Retrieved May 25 2016 Steve Laudig Ripped from the Headlines Greed Corruption and Hate Crimes in Northeastern Pennsylvania The Public Record Archived from the original on October 12 2013 Retrieved November 16 2012 TV Show Mirrors Area Legal Headlines The Times Leader 2009 Archived from the original on October 4 2013 Retrieved November 16 2012 Michael R Sisak Staff Writer December 17 2009 County judges provide TV fodder Standard Speaker Retrieved November 16 2012 Listo Mike September 29 2008 Guardians and Gatekeepers Boston Legal retrieved July 19 2022Further reading editAustin James Coventry Garry February 2001 Emerging Issues on Privatized Prisons PDF Washington D C Bureau of Justice Assistance Office of Justice Programs U S Department of Justice OCLC 47042765 NCJ 181249 Chang Tracy F H Thompkins Douglas E 2002 Corporations Go to Prisons The Expansion of Corporate Power in the Correctional Industry Labor Studies Journal 27 1 45 69 CiteSeerX 10 1 1 462 6544 doi 10 1177 0160449x0202700104 S2CID 421709 Eisen Lauren Brooke 2019 Inside Private Prisons An American Dilemma in the Age of Mass Incarceration Columbia University Press ISBN 978 0231179713 Harcourt Bernard 2012 The Illusion of Free Markets Punishment and the Myth of Natural Order Harvard University Press ISBN 978 0674066168 Gunderson Anna 2022 Captive Market The Politics of Private Prisons in America Oxford University Press Le Vay Julian 2015 Competition for Prison Public or Private Bristol UK Policy Press ISBN 9781447313229 OCLC 982262933 Julian Le Vay is the former finance director of Her Majesty s Prison Service The book is derived from all available analysis on costs of public and private prisons Selman Donna Leighton Paul 2010 Punishment for Sale Private Prisons Big Business and the Incarceration Binge Issues in Crime and Justice Guilford Conn Rowman amp Littlefield Publishers ISBN 9781442201729 Punishment for Sale Private Prisons Big Business and the Incarceration Binge at Google Books External links editHow private prisons game the system Alternet at Salon December 1 2011 America s private prison system is a national disgrace The Guardian 13 June 2013 The Business of Mass Incarceration Chris Hedges Truthdig Jul 28 2013 Prisoners of Profit Private Prison Empire Rises Despite Startling Record Of Juvenile Abuse Chris Kirkham The Huffington Post October 22 2013 Revolt at Ritmo Dire Conditions in For Profit Texas Immigration Jail Spark Prisoner Uprising Democracy Now February 24 2015 How for profit prisons have become the biggest lobby no one is talking about The Washington Post April 28 2015 Study finds private prisons keep inmates longer without reducing future crime University of Wisconsin Madison News June 10 2015 We Must End For Profit Prisons Bernie Sanders for The Huffington Post September 22 2015 Private Prison Exec Waves Off Criminal Justice Reform Predicts More Profits The Intercept December 22 2015 This Man Will Almost Certainly Die The Secret Deaths of Dozens at Privatized Immigrant Only Jails Democracy Now February 9 2016 My Four Months as a Private Prison Guard Shane Bauer for Mother Jones June 2016 Ending the Barbarity Jacobin August 24 2016 Private prison stocks are soaring after Donald Trump s election Business Insider November 9 2016 Private Prisons Who Profits Global Business BBC World Service August 19 2017 Covers the current state of private prisons in the UK and the US A Federal Judge Put Hundreds of Immigrants Behind Bars While Her Husband Invested in Private Prisons Mother Jones August 24 2017 Retrieved from https en wikipedia org w index php title Private prison amp oldid 1192118158, wikipedia, wiki, book, books, library,

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