NCJ Number
123636
Journal
American University Law Review Volume: 38 Issue: 3 Dated: (Spring 1989) Pages: 531-854
Date Published
1989
Length
324 pages
Annotation
This article identifies and examines the legal dimensions of government's contracting with private entities to build and manage custodial facilities, and it provides practical guidance in the form of a model contract and model statute.
Abstract
An important feature of this study is the relationship between these model documents and the constitutional-delegation doctrine, which defines the scope of government's ability to delegate its functions to the private sector. This doctrine has the potential to invalidate delegations of governmental functions that affect the liberty interests of individuals. The proposed model contract and model statute attempt to safeguard these interests, while accommodating the interests of the public, the government, and the private contractors. Other legal issues addressed in the study are state-action liability; indemnification, immunity, and insurance; standards of operation; monitoring; inmate management; and statutory authority to privatize Federal facilities. 950-item selected bibliography.