NCJ Number
101411
Journal
Judicature Volume: 69 Issue: 6 Dated: (April-May 1986) Pages: 324-331
Date Published
1986
Length
8 pages
Annotation
This analysis of the debate over privatization of U.S. prisons focuses on constitutional objections regarding the Government's responsibility to operate its own prisons and the elimination of Government liability by delegating powers to a private entity.
Abstract
Advocates claim the private sector can save taxpayers money by constructing and operating prisons more economically and efficiently. Decreased liability of the Government in inmate lawsuits is another benefit cited. There are two major objections on constitutional grounds: whether the acts of a private entity operating a correctional institution constitute 'State' action, thus allowing for liability under the Federal Civil Rights Act; and whether the Government's delegating the corrections function to a private entity is itself constitutional. A review of relevant case law concludes that acts of private entities performing functions that are delegated by the State do constitute 'State' action. Case law, however, is unclear with regard to the delegation of authority in the corrections contex. Decisionmakers should not be swayed by the brash claims of privatization advocates that it will provide a short-term solution to the prison overcrowding problem. 55 footnotes.