Privately Operated Speculative Prisons and Public Safety: A Discussion of Issues

• NCJ Number: 181859
• Author(s): William C. Collins J.D.
• Date Published: 2000
• Length: 58 pages
• Sponsoring Agency: Corrections Program Office
• Sale Source: National Institute of Justice/NCJRS; NCJRS Photocopy Services
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: OJP Corrections Program Office Information Brief

Annotation

In response to a need expressed by a number of State officials regarding the sharing of information and experiences on the growing number of private, speculative prisons, the Corrections Program Office of the U.S. Justice Department's Office of Justice Programs sponsored a Forum on Privately Operated Speculative Correctional Facilities and Public Safety in Atlanta, Ga., in March 1999; this information brief summarizes the discussion from the forum and is intended to be a guide to public policymakers on issues to be considered when dealing with private, speculative prisons.

Abstract

Speculative prisons are operated by a private entity (the facility may be owned by a unit of government) on a speculative basis, i.e., without a contract with any agency or agencies for the housing of inmates. Alternatively, a private prison may begin with a contract with one State but later market open beds to other States as it expands and/or loses the original contract. Inmates held in speculative prisons are generally classified as medium custody. This brief identifies some of the operational and legal issues raised by speculative prisons for local communities, host States, and sending States. The local community issues reviewed in this brief are economic benefits, costs to the local community, impact on local government services, negotiating contracts, regulation of the prison, and local law enforcement and emergency services. Issues impacting the host State include restrictions on siting private prisons, State regulation of private prisons, startup control, applicability of state criminal statutes, the use of force and deadly force, prosecution and sentencing, State staff losses to private prisons, and organized labor and private prisons. Issues for sending States include effect on public policy, authorizing legislation, cost considerations, liability, competition, and requests for proposals and contracts. Many of these issues are illustrated in a case study of a speculative prison in Youngstown, Ohio. Appended checklist of issues and Ohio Revised Code Section 009.07