NCJ Number
115458
Journal
Cumberland Law review Volume: 17 Issue: 3 Dated: (1986-1987) Pages: 683-729
Date Published
1987
Length
47 pages
Annotation
This analysis of constitutional and other issues associated with the privatization of corrections concludes that private correctional facilities are a viable inmate housing option that governmental entities should continue to explore conservatively and cautiously.
Abstract
Although public policy concerns may limit large-scale privatization of corrections, no constitutional barriers exist to privatization. The need to incarcerate certain criminal elements will continue, and the cost of maintaining a secure, ordered society will be high. Inmates are unlikely to be abused in private correctional facilities, because inmates do not hesitate to bring suit to redress any perceived infringement of their rights. Private correctional entities thus have a vested interest in eliminating conditions that cause inmate lawsuits. In addition, the experience of the Federal Bureau of Prisons with private correctional facilities indicates that these entities can provide States with cost-effective inmate housing options within the general cost parameters associated with the operation of the Federal prison system. For the present, States should establish clear guidelines and standards for the creation and operation of private correctional facilities. Privatization should also continue to be restricted to the housing of inmates with minimum security needs. States should also ensure that privatization is truly in the State's long-term interest. They should recognize privatization's potential for management efficiencies and should aim to develop the best aspects of both public and private correctional services. 250 footnotes.