NCJ Number
108947
Journal
Vanderbilt Law Review Volume: 40 Issue: 4 Dated: (May 1987) Pages: 829-849
Date Published
1987
Length
21 pages
Annotation
This article reviews Tennessee's 19th-century, convict-leasing practices and analyzes recent events regarding the privatization of correctional institutions in Tennessee.
Abstract
The post-Civil War economic situation forced Tennessee to develop new methods of controlling its debt. Leasing the labor of convicts to private parties was an attractive solution to prison problems because it was less expensive than refurbishing the old prison or building additional facilities, and it promised a profit. When the leasing of convicts to manufacturers within the prison eventually became less profitable than using convict labor in the State-owned coal mines, the Governor recommended in 1907 that prison officials engage more convicts in mining. This was the beginning of the end of the convict leasing system in Tennessee. Tennessee's 1986 Private Prison Contracting Act permits the State to contract with private concerns on a limited basis to determine if savings and efficiencies in correctional facility operations can be achieved while ensuring that the interests of citizens can be fully protected. The State retains jurisdiction over all matters pertaining to the length of an inmate's sentence and decisions bearing upon the inmate's classification and confinement conditions. This review indicates primarily that the State must retain custody and control of its inmates, although this does not preclude the State's contracting with private companies to operate correctional facilities. 182 footnotes.