NCJ Number
174129
Journal
Correctional Law Reporter Volume: 9 Issue: 6 Dated: April/May 1998 Pages: 83-85-92
Date Published
1998
Length
6 pages
Annotation
This article examines the need for statutory control over the private prison movement and proposes model statutory provisions for regulating such privatization.
Abstract
In the initial thrust into privatization, there were early concerns about the constitutionality of delegating the authority to incarcerate inmates to private companies. A comfort level was reached, however, on this issue, often through legislation which simply authorized a corrections department to contract for services. As competition has increased, however, and the market has grown, new issues never before considered have arisen. These include speculative construction, housing of out-of-state inmates, private company/county partnerships, use of force on out-of-state inmates, and the cost of apprehending escapees. In response to these problems and others, the author has developed a single piece of legislation that addresses privatization of jail/prison operations in all its phases. The first section pertains to State and local correctional facilities and private contracts. Various provisions of this section address the authority to contract, bond financing, the RFP (request for proposals) requirement, the use of public lands, contract terms, and provider qualification. Section 2 of the model law focuses on the use of force, private prison employees, persons from out of State, and police powers. Section 3 contains provisions pertinent to the application of certain criminal law to contractor-operated facilities, and Section 4 refers to the powers and duties not delegable to private prison contractors. Remaining sections of the model law address the monitoring of contracts, contracts with other jurisdictions, facility construction, and the housing of Federal or out-of-state inmates within the State.