NCJ Number
101579
Date Published
Unknown
Length
23 pages
Annotation
This paper surveys five key legal issues raised by the growth in privately contracted prison services and discusses strategies for countering the privatization of prisons.
Abstract
The fundamental question raised by privatization is whether the State can delegate its power to imprison to a private entity. A second issue is a State's liability for violations under the Constitution if it delegates the operation of correctional facilities to private entities. Third, case law indicates that private prisons will not enjoy the proteciton of sovereign immunity and thus will be subject to greater financial risks than public entities. Other issues are whether privatization violates State and municipal civil service provisions and public employers' duty to bargain over contracting out for services. U.S. Supreme Court and other judicial decisions are cited throughout the discussion. 4 footnotes.