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For-Profit Prisons
Should companies be in the incarceration business?
T
he for-profit prison industry in the United States
ones, saying the companies hire fewer guards and cut costs to
poor medical care. But the industry and its supporters say private
A GEO Group guard stands watch at an immigrant
prisons are as safe as government-run facilities and that privati- detention center in Tacoma, Wash., in June 2017. The
company is the for-profit prison industry’s largest. Prison
zation helps governments avoid overcrowding and save money. companies have faced criticism over inmate safety and
health concerns, but the industry says its record is
comparable to that of government facilities.
The Obama administration in 2016 began phasing out private
874 CQ Researcher
For-Profit Prisons
BY CHRISTINA L. LYONS
AP Photo/Rogelio V. Solis
poor medical care. Nobody 47 percent since 2000. (See
came for more than an hour, graphic, p. 877.) Meanwhile,
said Beasley, who is serving the overall prison population
a life sentence for homicide. rose 15 percent during that
By then the man was dead. period, although it has fallen
Dozens of inmates and in recent years. In 2016, pri-
staff described harrowing vate prisons housed 8.5 percent
conditions — fights, gang- The Rev. C. Edward Rhodes II, left, pastor of the Mount of all U.S. prisoners — including
related sexual assaults and Helm Baptist Church in Jackson, Miss., leads a prayer 18.1 percent of the more than
poor medical care — at the vigil last April on the steps of the federal courthouse in 189,000 federal inmates and 7.2
Jackson, where a lawsuit by inmates against the
prison run by Management East Mississippi Correctional Facility is being heard. percent of the nearly 1.3 mil-
and Training Corp., a Center- MTC, the company that runs the prison, denies the lion state prisoners. And private
ville, Utah, company known inmates’ contention that the facility is unsafe. companies, including nonprof-
as MTC. The prison houses its, house about 29 percent of
about 1,200 inmates, 80 percent of civil rights groups and some criminal juveniles placed in residential facilities. 2
whom have mental health needs. justice experts say private prisons focus The Obama administration in 2016
MTC officials insisted the facility was too much on boosting profits and put moved to phase out the 13 privately run
safe and the criticisms unfair. Defense inmates at far greater risk of abuse federal prisons — not including immi-
attorney W. Thomas Siler said violence than government-run facilities. gration detention centers — after a 2016
is common in prisons. “This [industry] is profiting off the inspector general’s report concluded
“When you have 1,200 men who incarceration of human beings,” says they were less safe than public prisons.
are hardened criminals, . . . murderers, Shahrzad Habibi, research and policy Many criminal justice experts said at the
rapists . . . living in close proximity, director of In the Public Interest, a time that state governments might follow
you’re going to have fights,” Siler said in research institute in Oakland, Calif. the administration’s example.
closing arguments in U.S. District Court “When dealing with human lives, it’s But the Trump administration re-
for the Southern District of Mississippi. impossible to design a contract that versed course in early 2017, saying
The judge as of early October had not will give a company a profit margin private prisons are needed to relieve
issued a ruling in the suit, which was and actually treat people well.” overcrowding. The administration also
brought by the American Civil Liberties But the prison industry and con- moved to expand the number of pri-
Union (ACLU) and the Southern Poverty servative groups defend private vately run immigration detention centers,
Law Center on the inmates’ behalf. 1 prisons, saying they can help reduce ordered federal prosecutors to charge
The lawsuit highlights issues at government costs, provide innovative drug offenders more aggressively and
the heart of a debate about for-profit programs to rehabilitate prisoners and proposed a 2019 budget that would
prisons and their role in the U.S. cor- enable states and the federal govern- boost funding for law enforcement and
rections system. Prisoner advocates, ment to quickly replace old facilities immigration detention centers. 3
876 CQ Researcher
Vaughn Correctional Center in Smyrna
in February 2017, sparking an 18-hour Private Prison Population Soars
hostage crisis that left correctional of-
The number of inmates in for-profit, privately run prisons jumped
ficer Steven Floyd dead and multiple
47 percent between 2000 and 2016, the latest year for which data
other guards injured. An independent
audit found severe overcrowding, un- are available. This growth rate outstripped the 15 percent increase
derstaffing, high employee turnover, in the total prison population during that period.
unaddressed inmate complaints and an
aging facility housing more than half Number of Inmates in State and Federal Prisons, 2000 and 2016
of the state’s 5,500 prisoners. 7 Private Prison Population Total Prison Population
“Nobody is doing this right,” says
Lauren-Brooke Eisen, a senior fellow 128,063 1.5 million
in the justice program for the Brennan
Center, a liberal-leaning law and policy 87,369 1.3 million
Civil rights groups say long-term prison gets paid, Friedmann says. “I cannot Stuart says this flexibility is essential
government contracts perpetuate in- think of another context in the U.S. where to the corrections system. “If you don’t
carceration levels, in part by including the government would pay someone for have private industry, what will you
guarantees on occupancy. services they do not provide.” do if the prison population goes up
In 2013, about 65 percent of the Gilchrist said CoreCivic does not or down?” he asks. The industry can
more than 60 private-prison contracts require occupancy guarantees, and build prisons quickly or the government
that In the Public Interest examined agreements that have them — less can terminate contracts when prisons
had “bed guarantees,” the group said. than half of the total — are at the are no longer needed, he says.
The contracts guaranteed a minimum government’s request because it wants Critics, however, say companies
occupancy rate of 70 percent in one to ensure adequate space is available need full prisons if they are to make
California prison and 95 to 100 per- when more beds are needed. “Even money and that they therefore en-
cent in prisons in Arizona, Louisiana, then, the contracts contain explicit courage higher incarceration rates.
Oklahoma and Virginia. 12 language allowing our government They do this, critics say, by donating
“We call them profit guarantees,” partners to terminate the agreement if money to national and state candi-
because even if the beds are empty, the the capacity isn’t needed,” she said. 13 dates backing strong sentencing laws
878 CQ Researcher
AP Photo/The Courier/Jason Fochtman
industry experts expected to be extended to immigration
detention centers. 7
Critics accuse some corrections companies of making il-
legal campaign contributions. After the administration’s 2016
announcement on private prisons, GEO donated $100,000
through a subsidiary to Rebuilding America Now, a political
action committee (PAC) that supported GOP candidate Trump,
and gave the PAC another $125,000 a week before the elec-
tion. GEO and CoreCivic each donated $250,000 to Trump’s
inaugural committee. 8 The GEO Group, which runs the Joe Corley Detention
The Campaign Legal Center, an advocacy group that sup- Center in Conroe, Texas, is preparing to open a 1,000-
ports strong campaign finance laws, filed a complaint with bed immigrant detention center on a neighboring lot.
the Federal Election Commission alleging GEO violated federal The company says its facilities are a boon to the
law barring campaign finance donations from federal contrac- local economy, but some residents and the mayor
tors. Paez called the complaint an “absolutely baseless and say the town doesn’t need the jobs.
meritless allegation.” 9
GEO has faced protests outside the company’s Boca Raton, Fla., Trump is targeting up to 8 million people for deportation,” Los Angeles
Times, Feb. 4, 2017, https://tinyurl.com/habwk7m; and John Burnett, “Big
headquarters and its facilities in Florida, Arizona and California. 10 Money As Private Immigrant Jails Boom,” NPR, Nov. 21, 2017, https://
tinyurl.com/y9oc67qj.
— Christina L. Lyons 6 Tara Tidwell Cullen, “ICE Released Its Most Comprehensive Immigration
Detention Data Yet. It’s Alarming,” Immigrant Justice Center, March 13, 2018,
https://tinyurl.com/ybrwn8zk; Bethany Carson and Eleana Diaz, “Payoff:
1 Gus Bova, “Trump’s New Immigration Lockup Draws Local Opposition
How Congress Ensures Private Prison Profit with an Immigrant Detention
in Conroe,” Texas Observer, July 25, 2017, https://tinyurl.com/yd37wyb8. Quota,” Grassroots Leadership, April 2015, https://tinyurl.com/ycylye6k.
2 Jay R. Jordan, “Mayor: No need for new immigration detention center 7 “The GEO Group, Inc. (GEO),” Yahoo Finance, https://tinyurl.com/ybhrufqt.
in Conroe,” Courier of Montgomery County, April 15, 2017, https://tinyurl. 8 “Reports of donations accepted: 58th Presidential Inaugural Committee,”
com/ybbfltmu. Federal Election Commission, April 18, 2017, pp. 291, 433, https://tinyurl.
3 “Montgomery County residents protest massive new for-profit immigrant
com/n7c9rgy.
detention camp: Construction begins on first new detention camp under 9 Lise Olsen, “Private prisons boom in Texas and across America under
Trump,” Grassroots Leadership, June 14, 2017, https://tinyurl.com/yalbr2h3. Trump’s immigration crackdown,” The Houston Chronicle, Aug. 19, 2017,
4 Jordan, op. cit.
https://tinyurl.com/ydhgkv82.
5 John W. Schoen and Chloe Aiello, “ICE overspends tax dollars on a 10 Marcia Heroux Pounds, “Protesters target prison-and-detention operator
detention policy many Americans find abhorrent,” CNBC, June 22, 2018, Geo Group in Boca Raton,” Sun Sentinel, Aug. 7, 2018, https://tinyurl.
https://tinyurl.com/y9h8dyle; Brian Bennett, “Not just ‘bad hombres’: com/ya7ks2ua.
or the detention of undocumented are “misinformed” and “dishonest,” The California Prison Guard Union, for
immigrants. Gilchrist says. “CoreCivic does not example, lobbied for the “three strikes”
A 2015 study led by Byron E. Price, draft, lobby for, promote or in any initiative that increased sentencing pen-
a professor of public administration at way take a position on proposals, alties for each subsequent conviction,
the City University of New York, found policies or legislation that determine and for Democratic Gov. Jerry Brown’s
that CoreCivic and GEO spent more the basis or duration of an individual’s proposed prison expansion in 2013.
than 90 percent of their lobbying funds incarceration or detention.” (Brown later backed off the proposal.) 15
between 2003 and 2012 in 36 states Several criminal justice experts say Likewise, the “state senator whose
where proposed bills sought to detain similar allegations could be made of district contains a big [prison] facility is
more undocumented immigrants. In unions representing corrections employ- just as concerned . . . about keeping
the Public Interest found the two com- ees. “What people forget is that some of the facility full” because of the jobs
panies spent $5.9 million on lobbying the biggest political donors are public- involved, says Butts of the John Jay
and campaign expenditures in 2014. 14 sector prison guard unions,” says Alex- College of Criminal Justice.
But critics who say companies ander “Sasha” Volokh, an associate law Many criminal justice experts say
lobby for harsher sentencing laws professor at Emory University in Atlanta. policymakers should mandate public-
880 CQ Researcher
on care, staff or training,” she says. ings. Savings resulted from flexibility oversee private contracts, differences
“CoreCivic staff training is identical to in hiring and wages, lower costs for in inmate characteristics or security
the training received by our government benefits packages and pensions, and levels. An Arizona government study
partner counterparts, and it meets or the bulk purchasing of supplies, the found the costs of the state’s publicly
exceeds the training standards of the study said. 24 and privately run minimum security
independent American Correctional The study also said competition prisons were comparable, but only
Association.” produced benefits: “Competition yields after adjusting for medical costs in the
In a 2017 interview, Craig Apker, savings and better performance across public prisons, where inmates tended
warden of the Taft Correctional Institu- the prison industry,” the authors wrote. to be in poorer health. 27
tion in California, a federal facility now “The economics of industrial organiza- A comparison of Mississippi’s me-
operated by MTC, said: “I have never tion demonstrates the important benefits dium security prisons, including con-
been asked to take a shortcut to address derived from the presence of even a struction costs, found operating costs
any bottom-line concerns here at Taft.” 22 small competitor in an otherwise mo- at private prisons averaged $46.50 per
Eisen of the Brennan Center says nopolistic market.” prisoner per day, compared with $35.11
there is no clear consensus on whether Privatization critics discounted the to $40.47 per day at public prisons. 28
private prisons are less safe than public study because it relied on industry Many observers say private con-
ones. “It’s difficult to manage prisoners funding, but Gilchrist says it was in- tractors can produce cost savings for
regardless, as most prisons and jails are dependently peer-reviewed and used states by reducing staff benefits, in-
understaffed,” particularly in rural areas data from the government. “In terms cluding pensions promised to public
where labor is hard to find. In addition, of new facility construction, CoreCivic employees. Marc Levin, vice president
many positions are underpaid, she says. typically delivers cost savings of up to of criminal justice for the Texas Public
Several lawsuits are pending against 25 percent while cutting construction Policy Foundation, a conservative think
the South Carolina Department of time by 40 percent,” she says. tank in Austin, says private companies
Corrections after seven inmates were Two 2005 studies compared the also can produce savings in prison
killed and 22 others injured in April Taft Correctional Institution, then man- construction by building faster and
during a riot at the publicly owned Lee aged by GEO, with three government- holding down labor costs.
Correctional Institution in Bishopville. managed facilities: A Bureau of Prisons Even so, “any savings in the short
The lawsuits allege the system is under- study concluded that the costs of the term [are] eclipsed if people come
staffed, unsafe and poorly maintained. public and private facilities were com- back . . . and that cost is still born
At the time of the riot, the state’s 21 parable, but a study by Abt Associates, by taxpayers,” says Friedmann. “So
prisons had 600 vacancies for guards, which examines social issues, said the the long-term costs are going to be
who were paid $1,600 less than the private facility cost about 6.3 percent inevitably higher.”
national average. 23 to 10.4 percent less annually than the Studies have found that private facili-
“One of the most important things public facilities. 25 ties in Florida, Hawaii, Oklahoma and
we can do to improve safety is to “That’s a huge difference,” Emory Minnesota tend to have slightly higher
increase wages, ensure better training, University’s Volokh says. recidivism rates than public prisons. In
increase education requirements for The Human Rights Defense Center’s the Public Interest reported in 2016 that
those who want to become correctional Friedmann says he is not convinced that private prisons have greater recidivism
officers and incentivize people to move private prisons are more cost effective among prisoners, often because of
into that field,” Eisen says. than public ones. “There’s been a lot financial shortcuts that lead to greater
of studies, a lot of ink spilled, and it’s violence behind bars. 29
Are private prisons more cost still very hard to compare,” he says. “It GEO said on its website that it is “com-
effective than public prisons? depends on who is doing the study.” mitted to providing leading, evidence-
A 2014 study by the Independent Researchers say it is difficult to based rehabilitation programs” while
Institute, a conservative think tank in compare costs because, unlike public prisoners are in custody and after they
Oakland, Calif., found that compared prisons, private companies do not have are released. In 2017, for example,
with public prisons, private prisons to make public full details of facility the company spent $10 million for
produced short- and long-term savings costs. The Government Accountability a new “Continuum of Care” concept
for states — from less than 5 percent Office said data are insufficient for clear at more than a dozen GEO facilities,
in Ohio and Oklahoma to more than comparisons. 26 serving about 30,000 men and women
55 percent in California — and that Experts also say studies often do who participate in educational and
state contracts often required such sav- not account for the state’s cost to vocational programs, life-skills classes,
882 CQ Researcher
Chronology
1971
1790s-1930s Riot in Attica, N.Y., prison results 2000s-Present
States seek ways to cut budgets
Solitary confinement, inmate in deaths of 32 inmates and 11
labor hallmarks of first prisons. hostages. and reduce incarceration rates.
Continued from p. 882 ously, prisoners convicted of federal Prison officials nationwide respond-
In the post-Civil War South, state pris- crimes were held in local jails and state ed by boosting efforts to rehabilitate
ons leased convicts to work on plantations, prisons. Nearly 40 years later, Congress prisoners, with California’s use of
in mines, on railroads or in other indus- authorized a fourth federal prison, in psychotherapy for inmates serving as
tries. The inmates often suffered disease Lewisburg, Pa., and created the Bureau a model. The Justice Department in
and severe mistreatment on the job. 39 of Prisons to oversee them. 41 1954 set aside six federal corrections
In 1887, Congress forbade the facilities for juvenile violators where
leasing of prisoners, but many states programs offered rehabilitation. 43
continued the practice until prison riots Worsening Conditions In the 1960s, crime rates rose further.
or pressure from reformers forced them In 1965, Democratic President Lyndon
to stop. Alabama was the last state to
ban the practice, in 1928. 40
Under the 1891 Three Prisons Act,
B etween 1920 and 1950, the annual
U.S. prison population did not
top 200,000 nationwide, but it began
B. Johnson called for a “war on crime”
and established a Commission on Law
Enforcement and Administration of
construction began on the first federal slowly rising in the 1950s as crime Justice. The commission’s work led to
prisons — in Atlanta; Leavenworth, ticked upward. Soon prison conditions the Omnibus Crime Control and Safe
Kan.; and McNeil Island, Wash. Previ- worsened, prompting several riots. 42 Streets Act of 1968 that authorized more
884 CQ Researcher
Getty Images/The Washington Post/A. Flanagan
“The frustration I have felt in this case must be so small
compared with the suffering of these people on the prison
yards,” the judge said when announcing his decision. The state
immediately filed a notice that it would appeal. 5
Rector said Corizon has exceeded the conditions of the
settlement agreement and that “Corizon has averaged more than
4,100 patient interactions per day — 1.5 million encounters
per year” in Arizona’s prisons. 6
States face challenges providing sufficient care in part due to
tight budgets and the growing cost of health care, Friedmann
and others say, but also because most prisons have aging Donald Murray, a health care orderly, takes care of fellow
inmate populations — the result of lengthy prison sentences inmate Clyde Giddens at the Louisiana State Penitentiary
imposed in the past 20 to 30 years. in Angola, La. An aging inmate population
The number of state and federal prison inmates age 55 or presents major challenges for prisons.
older increased 280 percent between 1999 and 2016, according
to the Pew Charitable Trusts. 7 1 Steve Rector, “ACLU is using the court to attack prisons, not improve inmate
A Bureau of Justice Statistics report said older inmates are health care,” Arizona Central, June 21, 2018, https://tinyurl.com/y7lqypl6.
2 Beth Schwartzapfel, “How Bad is Prison Health Care? Depends on Who’s
more susceptible to costly chronic medical conditions than Watching,” The Marshall Project, Feb. 26. 2018, https://tinyurl.com/ya4g8w5w.
younger prisoners. And a study by the National Research 3 Joe Russo et al., “Identifying High-Priority Needs to Reduce Mortality in
Council found that older individuals in prison are more likely Correctional Facilities,” RAND Corp., 2017, p. 24, https://tinyurl.com/yd78mm6t.
4 Michael Kiefer, “Judge finds Arizona Corrections, officials in contempt,
to develop dementia, impaired mobility and hearing and vision
orders them to pay $1.45M,” Arizona Central, June 22, 2018, https://
loss than the general public. 8 tinyurl.com/y79coulc.
Marc Levin, vice president of criminal justice for the Texas 5 Michael Kiefer, “Judge: Contempt ruling, fines ahead for state in prison
Public Policy Foundation, a conservative think tank in Austin, health-care case,” Arizona Central, May 9, 2018, https://tinyurl.com/y8598yxc.
6 Rector, op. cit.
says many prisoners arrive with health problems that have
7 Matt McKillop and Alex Boucher, “Aging Prison Populations Drive Up
gone untreated, or they have sketchy medical records. “We
Costs,” Pew Charitable Trusts, Feb. 20, 2018, https://tinyurl.com/ycm2p9ar.
are spending huge sums of money” for state inmate health 8 Laura M. Maruschak and Marcus Berzofsky, “Medical Problems of State
care, particularly for aging inmates, he says. and Federal Prisoners and Jail Inmates, 2011-12,” Bureau of Justice Statistics,
U.S. Department of Justice, February 2015, https://tinyurl.com/ybx9juas; “The
— Christina L. Lyons Growth of Incarceration in the United States: Exploring Causes and Con-
sequences,” National Research Council, 2014, https://tinyurl.com/y8qegfdf.
than $400 million in federal grants for through the 1960s and 1970s the re- riots proved more severe punishment
local law enforcement. 44 cidivism rate of prisoners remained was needed. Advocates of stronger sen-
That year, the Juvenile Delinquency steady at 60 percent. 46 tencing were influenced by sociologist
and Prevention Act encouraged states Meanwhile, inmate riots continued. Robert Martinson of City University of
to improve rehabilitation programs for On Sept. 9, 1971, about 1,200 of the New York who wrote in the mid-1970s
juvenile offenders. When the youth 2,245 prisoners at the New York state that “nothing works” to rehabilitate
incarceration rate increased along with penitentiary in Attica took control of criminals. 48
reports of abuse of juvenile prisoners, the prison. They held 39 guards and
Congress in 1974 strengthened incen- civilian employees hostage for four
tives for communities to develop alter- days. The inmates demanded better Private-Prison Boom
natives, opening the door for private conditions, an end to mail censorship
industry to get involved. 45
By 1975, the rate of serious crime —
murder, rape and other crimes — had
and religious freedom. State police
captured the facility after a siege that
left 32 inmates and 11 hostages dead. 47
A s crime spiked in the 1980s and
’90s, a “tough on crime” attitude
among lawmakers and voters led to
more than doubled since 1960 to 5.3 Many policymakers, criminologists harsher sentencing laws and the need
crimes per 100,000 residents, although and other observers said the prison for more prisons.
886 CQ Researcher
Pa., were convicted of accepting bribes ultimately ending — our use of privately to crack down on crime and illegal
from a private owner and builder of operated prisons,” she said. 71 immigration. The House and Senate
a detention center to charge youths Trump took office in January 2017 Appropriations committees in May and
with minor crimes and send them into pledging “zero tolerance” for undocu- June approved $30.7 billion in spending
custody. In 2010, The New York Times mented immigrants and vowing to stop for the Justice Department — above the
and the ACLU said that federal officials the “American carnage” — a reference president’s $28 billion request — and
overseeing public and private immi- to gang violence and other crimes in included increases for drug enforcement
grant detention centers hid evidence of the United States. 72 and immigrant detention. 76
mistreatment and deaths of inmates. 66 Reversing Yates’ directive, Attorney House and Senate appropriators,
FBI statistics in 2011 showed the General Jeff Sessions said phasing out however, rejected Trump’s request for
number of serious crimes had fallen to private prisons “impaired the bureau’s $2.8 billion to raise the number of
a 48-year low. But prison overcrowding ability to meet the future needs of the immigrant detention beds to 52,000
continued. That May, the Supreme Court federal correctional system.” And he told per day. The House Appropriations
forced California to reduce its overflow- federal prosecutors to charge defendants Committee approved funding for 44,000
ing prison population. Justice Anthony with the most serious crimes that carry beds — an increase of 3,480 beds over
Kennedy said that as many as 156,000 the harshest penalties. 73 current levels. Senate appropriators
people were crammed into facilities did not increase funding for detention
designed to hold half that number, and beds, encouraging the Immigration and
that “needless suffering and death have
been the well-documented result.” 67 CURRENT Customs Enforcement agency (ICE) to
seek alternatives to detention. 77
SITUATION
Democratic Gov. Jerry Brown in 2013 ACLU’s Fathi says the federal Bureau
signed a $28.5 million annual contract of Prisons’ inmate count appears to be
to lease a CCA prison in the Mojave trending upward for the first time in
Desert to house 2,300 prisoners, and years. As of Oct. 11, 181,418 inmates
two contracts with GEO to house 1,400 were in federal facilities, nearing the
prisoners. CCA already was taking in Potential Changes 2016 level of 189,192. 78
8,000 California inmates at its facilities in Meanwhile, industry leaders are
Arizona, Mississippi and Oklahoma. 68
But, spurred in part by the Netflix
series “Orange Is the New Black” about
T he prison industry and inmate
advocacy groups are watching
developments at the national, state
trying to improve their profitability
by increasing their purchases of land
and then building a prison or deten-
a fictional minimum security prison, vot- and local levels for their effect on tion center on it to lease back to the
ers increasingly became concerned about prison incarceration rates and industry government. CoreCivic and GEO are
reports of abuses in private prisons. Co- involvement in corrections. classified as real estate investment
lumbia University became the first U.S. Government statistics show crime rates trusts (REITs) — companies that own
institution of higher learning to divest its continue the decline that began in the early income-producing real estate. The
stock holdings from the private prison 1990s. Violent crimes fell 0.8 percent in firms made the change in 2013 so
industry. Six months later, the University the first six months of 2017 compared that their profits from property-related
of California system did the same. 69 with the same period in 2016, according operations — prisons and detentions
During the 2016 presidential cam- to FBI statistics, and property crimes centers — would be tax-free, provided
paign, Democratic nominee Hillary dropped 2.9 percent. Since 1993, the they are distributed to shareholders.
Clinton said she would stop accepting violent crime and property crime rates Critics say prison companies are not
the industry’s money and called for an have fallen 48 percent. 74 really REITs, and that the classification
end to private prison contracts. GOP In recent years, the prison popula- allows them to avoid paying taxes. “To
nominee Trump said privatization of tion has fallen as well: The number suggest that this type of operation,
prisons “seems to work a lot better” of federal and state prisoners declined which has significant aspects of tax
than public prisons. 70 from 1.58 million in 2013 to 1.51 mil- avoidance embedded in the proposal,
That August, following the release of lion in 2016 — 7 percent lower than has at its core a real estate business
the Inspector General’s report, Deputy in 2009 when the prison population is, at best, a charitable description of
Attorney General Sally Yates told the peaked at nearly 1.61 million. 75 private prisons,” tax lawyer Peter Boos
Bureau of Prisons not to renew private In February, Trump proposed cutting wrote in a 2014 analysis.
management contracts. “This is the first funding for some Department of Justice But the companies say real estate
step in the process of reducing — and grant programs while increasing efforts investments are important to their bottom
Government Activity
Lee, D-Texas, reintroduced the bill in
2017, and it is again languishing in the
House Judiciary Committee. 83
T housands of undocumented immi-
grants in federal detention centers
around the country are suing private
888 CQ Researcher
At Issue:
Should private industry play a role in prison operations?
yes
WRITTEN FOR CQ RESEARCHER, OCTOBER 2018 WRITTEN FOR CQ RESEARCHER, OCTOBER 2018
yes no
should be public or private; it’s whether we are correct- to police corporate behavior. We expect that companies
ing at all. Ideally, involving the private sector can spark that consistently provide bad service, that injure or maim
innovations that improve outcomes in recidivism, employment or kill people, will lose customers and eventually go out of
and other areas. If structured correctly, private-sector partners business.
can help corrections move from a system that grows when it The problem with private prison companies is that those
fails to one that rewards results. forces don’t operate in the same way, because the ultimate
Great Britain is in the vanguard of such innovations. For ex- consumer of the “service” — the prisoner — has no con-
ample, in 2017 a bond funded a prison reentry program involv- sumer choice. If a prisoner is being beaten by gang members
ing prison operator Sodexo and private providers such as the because corrections officers won’t protect him, or if his meta-
YMCA, which reduced recidivism by 9 percent. Private investors, static cancer is going untreated, or if the food he’s served
not taxpayers, took the risk that the program wouldn’t work. is full of maggots, he can’t go down the road to a different
Conversely, too often government programs that don’t produce prison where the service might be better.
results create their own constituencies of full-time employees and As a result, private prison companies have every incentive
other beneficiaries, making them difficult to reform or eliminate. to cut corners to maximize profits, without having to worry
Indeed, in Texas, private lockups have proven easier to that they’ll lose “customers.” They manage to stay in business
close than public prisons: Five of the eight corrections facili- — and increase their profits — despite a track record that is
ties closed from 2011 to 2017 were privately run, in a state often frankly appalling.
where they accounted for less than 10 percent of capacity. A federal judge in Mississippi called a juvenile prison run
Texas wisely entered into flexible contracts without occupancy by the GEO Group “a picture of such horror as should be
guarantees so the state could end these arrangements when it unrealized anywhere in the civilized world.” A judge oversee-
no longer needed these facilities. ing a health care lawsuit against the Arizona prison system
Though private prisons can save 10 to 15 percent over has called conditions “sickening” and held state officials in
their public counterparts, perhaps most notably by avoiding contempt for their persistent violations of court orders. Yet
long-term public employee pension costs, jurisdictions should the state has repeatedly extended the contract of its for-profit
insist on getting the best value. This means not simply going health care provider, Corizon Health, and has given the com-
with the lowest bidder, but building in incentives, both for pany multiple pay increases.
in-prison metrics such as abuse incidents and educational and The profit motive also provides ample opportunities for
vocational benchmarks and for post-release outcomes such as corruption. In Idaho, a federal court found that private
recidivism and employment. prison giant Corrections Corporation of America (since re-
At privately run facilities, accountability also must be en- named CoreCivic) falsified staffing records, billing the state
sured through transparency, including compliance with open- for thousands of hours of staff time that were never pro-
records laws. vided. In Mississippi, the state’s corrections commissioner
Finally, while not all faith-based programs are effective, was convicted of taking kickbacks in exchange for steering
some of the most effective correctional programs have a contracts to private prison companies; he’s now serving
spiritual component. For constitutional and practical reasons, time in federal prison.
government is not well positioned to deliver such programs, To be sure, private prisons don’t have a monopoly on in-
which of course must always be optional for participants. humane conditions; there are plenty of bad publicly operated
Though some individuals must be incarcerated due to their prisons as well.
high safety risk, research shows that alternatives to imprison- But whatever their faults, they are public institutions
ment, regardless of which entity delivers them, are more effec- subject to democratic control, and they don’t have to turn
tive than traditional programs in most cases. If arrangements a profit for shareholders. Private prison companies combine
provide the right incentives and proper accountability, the pri- the profit motive with limited oversight and a literally cap-
vate sector can be a partner rather than an obstacle in helping tive market — and that’s a recipe for neglect, mistreatment
corrections transition to a smaller, more rehabilitative system.
no and abuse.
890 CQ Researcher
Prison on Trial: Inmates at ‘Bleak’ Facility Tell Immigrant Detention Industry,” Center for Sector Prison and the BOP,” Federal Bureau of
Harrowing Stories,” Jackson Free Press, May 2, Popular Democracy et al., 2018, https://tinyurl. Prisons, October 2005, p. 34, https://tinyurl.com/
2018, https://tinyurl.com/y9b7zpy4. com/y9pmxy99. y8dt56ex; Douglas C. McDonald and Kenneth
2 E. Ann Carson, “Prisoners in 2016,” U.S. 12 “Criminal: How Lockup Quotas and ‘Low- Carlson, “Contracting for Imprisonment in the
Department of Justice, revised Aug. 7, 2018, Crime Taxes’ Guarantee Profits for Private Federal Prison System: Cost and Performance
p. 22, https://tinyurl.com/yalqubjm; “Prison- Prison Corporations,” In the Public Interest, of the Privately Operated Taft Correctional
ers in 2000,” U.S. Bureau of Justice Statistics, September 2013, https://tinyurl.com/y9molk65. Institution,” Abt Associates Inc., Oct. 1, 2005,
August 2001, https://tinyurl.com/jzssn9q; and 13 Amanda Gilchrist, “Opinion: Amanda Gil- p. 45, https://tinyurl.com/ybb89vra.
C. Puzzanchera et al., “Juvenile Residential christ: Private prisons working to reduce recidi- 26 “Cost of Prisons: Bureau of Prisons Needs
Facility Census Databook: 2000-2016,” Office vism in Georgia,” Savannah Morning News, Better Data to Assess Alternatives for Acquiring
of Juvenile Justice and Delinquency Preven- Dec. 14, 2017, https://tinyurl.com/y9lvndmk. Low Minimum Security Facilities,” Government
tion, 2018, https://tinyurl.com/ya8l9lw6. 14 Karina Moreno Saldivar and Byron E. Price, Accountability Office, October 2007, https://
3 Rich Benjamin, “Trump Prison Reform “Private Prisons and the emerging immigrant tinyurl.com/ya5sqf4j.
Push Has Divided Washington on a Rare Market in the U.S.: Implications for Security 27 Charles L. Ryan, “Biennial Comparison of
Bipartisan Issue,” The New Yorker, May 24, Governance,” Central European Journal of ‘Private Versus Public Provision of Services,’ ”
2018, https://tinyurl.com/yb6zw2l9; Eric Katz, international and Security Studies, 2015, Arizona Department of Corrections, Dec. 21,
“Leaked Memo: Trump Admin to Boost Use https://tinyurl.com/y8f44p9a; “Buying Influ- 2011, https://tinyurl.com/zkbgwqq.
of Private Prisons While Slashing Federal ence: How Private Prison Companies Expand 28 “Cost Per Inmate Day By Facility Type FY
Staff,” Government Executive, Jan. 25, 2018, Their Control of America’s Criminal Justice 2012,” Mississippi Department of Corrections,
https://tinyurl.com/yczkbt89. System,” In the Public Interest, October 2016, https://tinyurl.com/y7t2p642.
4 “Private Prisons in the United States,” The p. 2, https://tinyurl.com/y89wb3dv. 29 Alex Friedmann, “Apples to Fish: Public and
Sentencing Project, August 2018, https:// 15 Saki Knafo, “California Prison Guards Union Private Prison Cost Comparisons,” Fordham
tinyurl.com/ybybrhoo. Pushes for Prison Expansion,” HuffPost, Sept. Urban Law Journal, December 2014, pp. 43-
5 Megan Mumford, Diane Whitmore Schan- 9, 2013, https://tinyurl.com/y942rxfz. 46, https://tinyurl.com/o9donbp; “How Private
zenbach and Ryan Nunn, “The Economics 16 Shane Bauer, American Prison: A Reporter’s Prison Companies Increase Recidivism,” In the
of Private Prisons,” Brookings Institution, Undercover Journey Into the Business of Public Interest, June 2016, pp. 3-6, https://
October 2016, https://tinyurl.com/ybpqshw8. Punishment (2018). tinyurl.com/za7og9j.
6 “Mortality in State Prisons, 2001-2014 — 17 John Pfaff, Locked In: The True Causes of 30 “GEO Continuum of CARE 2017 Annual
Statistical Tables,” Bureau of Justice Statistics, Mass Incarceration — and How to Achieve Report,” The Geo Group Inc., 2017, https://
December 2016, https://tinyurl.com/ybvskon2; Real Reform (2017); Carson, “Prisoners in tinyurl.com/y6upydq6.
“Sexual Victimization Reported by Adult Cor- 2016,” op. cit., p. 18. 31 “Locked Up & Shipped Away: Interstate Pris-
rectional Authorities, 2012-15,” Bureau of Justice 18 Bauer, op. cit., p. 26. oner Transfers and the Private Prison Industry:
Statistics, July 2018, https://tinyurl.com/ybb5jsyg. 19 “Banking on Bondage: Private Prisons and Mass Winter 2016 Update,” Grassroots Leadership,
7 Gaby Galvin, “Underfunded, Overcrowded Incarceration,” American Civil Liberties Union, January 2016, https://tinyurl.com/ycrtvpa5.
State Prisons Struggle with Reform,” U.S. News & Nov. 2, 2011, p. 24, https://tinyurl.com/pj8qdo6. 32 Hadar Aviram, “Are Private Prisons to
World Report, July 26, 2017, https://tinyurl.com/ 20 “Review of the Federal Bureau of Prisons’ Blame for Mass Incarceration and Its Evils?
ycb5dk7r; Esteban Parra and Brittany Horn, Monitoring of Contract Prisons,” Office of the Prison Conditions, Neoliberalism, and Public
“DOC overtime on track to surpass $30M this Inspector General, U.S. Department of Justice, Choice,” Fordham Urban Law Journal, 2015,
year with no sight of ending,” Delaware Online, August 2016, p. iii, https://tinyurl.com/j5yzzyd. https://tinyurl.com/ybfz5clp.
April 12, 2018, https://tinyurl.com/yahl6kzf. 21 Steve Owen, Pablo Paez and Mike Murphy, 33 Sharon Dolovich, “State Punishment and
8 Mariel Alper and Matthew R. Durose, “2018 “Letter to the Editor: Benefits of Private Prisons,” Private Prisons,” Duke Law Journal, December
Update on Prisoner Recidivism: A 9-Year Follow- The New York Times, Sept. 12, 2016, https:// 2005, p. 450, https://tinyurl.com/ycyulq98;
up Period (2005-2014),” Bureau of Justice Sta- tinyurl.com/y8twnhge. Eisen, op. cit., 14.
tistics, May 2018, https://tinyurl.com/y7ckhh6s. 22 Ivette Feliciano, Zachary Green and Sam 34 Lauren-Brooke Eisen, Inside Private Prisons:
9 Keegan Hamilton, “An Ex-Con Takes Aim Weber, “Private prisons help with overcrowd- An American Dilemma in the Age of Mass
at Multibillion-Dollar Private Prisons,” Vice, ing, but at what cost?” PBS, June 24, 2017, Incarceration (2018), pp. 15-17.
March 22, 2014, https://tinyurl.com/yak764hr. https://tinyurl.com/ycfvzwbk. 35 Gaylene S. Armstrong and Doris L. MacKenzie,
10 “Code Red: The Fatal Consequences of 23 Avery G. Wilks, “SC’s 21 prisons need “Private Versus Public Sector Operation: A
Dangerously Substandard Medical Care in 600 more guards, don’t have money to hire Comparison of the Environmental Quality in
Immigration Detention,” Human Rights Watch, them, director says,” The State, May 10, 2018, Juvenile Correctional Facilities,” May 5, 2002,
2018, https://tinyurl.com/ycrnpyxr; Tara Tidwell https://tinyurl.com/ybvlbkmn. p. 5, https://tinyurl.com/yaerf4y4; Orlando
Cullen, “ICE Released Its Most Comprehensive 24 Simon Hakim and Erwin A. Blackstone, Faulkland Lewis, The Development of American
Immigration Detention Data Yet. It’s Alarming,” “Prison Break: A New Approach to Prison Prisons and Prison Customs, 1776-1845 (1922),
National Immigrant Justice Center, March 13, Cost and Safety,” The Independent Institute, p. 9, https://tinyurl.com/y9jc9mdn.
2018, https://tinyurl.com/ybrwn8zk. 2014, pp. 42-49, https://tinyurl.com/yaojdbus. 36 Armstrong and MacKenzie, op. cit., p. 5;
11 “Bankrolling Oppression: How Wall Street 25 Harley G. Lappin et al., “Evaluation of the Taft “Private Jails in the United States,” FindLaw,
Companies Finance the Private Prison and Demonstration Project: Performance of a Private- https://tinyurl.com/yafc5exj; “Facility Over-
undated, https://tinyurl.com/y8s8acju. and secure confinement of status offenders,” to Reignite Their Economies,” The New York
37 Dan Chaddock, “Unlocking History: Explore Office of Juvenile Justice and Delinquency Times, Aug. 1, 2001, https://tinyurl.com/y7drtpy5.
San Quentin, the state’s oldest prison,” Inside Prevention, U.S. Department of Justice, 1985, 58 Patrick Bayer and David E. Pozen, “The
CDCR, Dec. 4, 2014, https://tinyurl.com/y8xbr77f. pp. 13-14, https://tinyurl.com/yct77tsr. Effectiveness of Juvenile Correctional Facilities:
38 Todd R. Clear, Michael D. Reisig and George 46 Joseph Dillon Davey, The Politics of Prison Public vs. Private Management,” Journal of
F. Cole, American Corrections (2018), p. 58, Expansion: Winning Elections by Waging War Law and Economics, 2005, https://tinyurl.com/
https://tinyurl.com/ycx9lqcr. on Crime (1998), pp. 118-19; Margaret Werner y9xtj8gq; Douglas McDonald, “Government
39 David M. Oshinsky, Worse Than Slavery: Parch- Cahalan with Lee Anne Parsons, “Historical Cor- Management of Private Prisons,” Abt Associates
man Farm and the Ordeal of Jim Crow Justice rections Statistics in the United States, 1850-1984,” Inc., Sept. 15, 2003, p. iv, https://tinyurl.com/
(1997), pp. 56-61, https://tinyurl.com/y9cn6kra. U.S. Department of Justice, December 1986, pp. c92or3j; Fox Butterfield, “Hard Time: A special
40 David Shapiro, “Banking on Bondage: 29, 63-64, https://tinyurl.com/y85p64rx. report; Profits at a Juvenile Prison Come With
Private Prisons and Mass Incarceration,” 47 Scott Christianson, With Liberty for Some: a Chilling Cost,” The New York Times, July 15,
American Civil Liberties Union, November 500 Years of Imprisonment in America 1998, https://tinyurl.com/y8ugzoml.
2011, p. 10, https://tinyurl.com/l8jan27. (1998), pp. 269-73. 59 Farmer v. Brennan, 511 U.S. 825 (1994), U.S.
41 “Historical Information: Before looking ahead 48 Eisen, op. cit., pp. 18-19; Cyndi Banks, Supreme Court, https://tinyurl.com/y8bodo5m.
you must look behind,” Bureau of Prisons, Criminal Justice Ethics: Theory and Practice 60 Rachel Poser, “Why It’s Nearly Impossible
https://tinyurl.com/ycc7j25z; William A. Rich- (2004), pp. 107, 116-17. for Prisoners to Sue Prisons,” The New Yorker,
ardson, ed., Supplement to the Revised Statutes 49 Donald Cohen, “The History of Privatiza- May 30, 2016, https://tinyurl.com/ycmh8745;
of the United States, vol. 1, 1874-1891 (1891), tion,” Talking Points Memo, undated, https:// Sasha Volokh, “Suing public and private
p. 908; and Mary Bosworth, Encyclopedia of tinyurl.com/j9gv8lr; Eisen, ibid., p. 22. prisons: the role of the Prison Litigation
Prisons and Correctional Facilities (2005), p. 964. 50 Sourcebook of Criminal Justice Statistics, Reform Act,” The Washington Post, Feb. 20,
42 “Trends in U.S. Corrections,” The Sentenc- State University of New York at Albany, 2014, https://tinyurl.com/y7xx8pgj.
ing Project, 2016, p. 1, https://tinyurl.com/ Table 6.29.2012, https://tinyurl.com/y7n5st2d; 61 Jeff Gerth and Stephen Labaton, “Prisons
y7c932wz; “Crime Data,” Crime and Justice “Privatization: Toward a More Effective Gov- for Profit: A special report; Jaib Business
Atlas, 2000, p. 4, https://tinyurl.com/q5vzo9g. ernment,” Report of the President’s Commis- Shows Its Weaknesses,” The New York Times,
43 Eisen, op. cit., p. 18; Michael J. Fusz, “Pro- sion on Privatization (1988), p. 146. Nov. 23, 1995, https://tinyurl.com/y7av9smx.
bation Under the Federal Youth Corrections 51 Gary W. Bowman, Simon Hakim and Paul 62 Eric Schlosser, “The Prison-Industrial Com-
Act,” Chicago-Kent Law Review, vol. 53, April Seidenstat, eds., Privatizing Correctional plex,” The Atlantic, December 1998, https://
1976, http://tinyurl.com/oo3jdzc. Institutions (1994), p. 52. tinyurl.com/y7fk5ay5.
44 Eisen, ibid., p. 18; Lyndon B. Johnson, 52 Madison Pauly, “A Brief History of America’s 63 Michael Block, “Supply Side Imprisonment
“Statement by the President on Establishing Private Prison Industry,” Mother Jones, July/ Policy,” in “Two Views on Imprisonment Poli-
the President’s Commission on Law Enforce- August 2016, https://tinyurl.com/ybqztfv9. cies,” Annual Research and Evaluation Confer-
ment and Administration of Justice,” American 53 Form 10-K for year ending 2002, Wackenhut ence, Washington, D.C., July 1997, p. 9, https://
Presidency Project, July 26, 1965, https:// Corrections Corp., Securities and Exchange tinyurl.com/yaqvx9la.
tinyurl.com/yd89sg98; “Omnibus Crime Con- Commission, https://tinyurl.com/ycfgan2t. 64 Ann L. Pastore and Kathleen Maguire, eds.,
trol and Safe Streets Act,” Public Law 90-351, 54 “Private Jails in the United States,” FindLaw, Sourcebook of Criminal Justice Statistics 2001,
1968, https://tinyurl.com/yd6oarp6. https://tinyurl.com/yafc5exj; “Privatization: U.S. Department of Justice, 2002, p. 87, https://
45 “The detention and jailing of juveniles: Hear- Toward a More Effective Government,” op. tinyurl.com/yakjlepu; Paige M. Harrison and
ings before the Subcommittee to Investigate cit., p. 147. Allen J. Beck, “Prisoners in 2001,” Bureau of
Juvenile Delinquency of the Committee on the 55 Eisner, op. cit., p. 22. Justice Statistics, U.S. Department of Justice,
Judiciary,” Hathi Trust Digital Library, 1974, p. 3, 56 Ibid., p. 25; “H.R. 3355 Violent Crime July 2002, p. 8, https://tinyurl.com/y8qzh3el.
https://tinyurl.com/ohy5f6d; “Reports of the Na- Control and Law Enforcement Act of 1994,” 65 Marc Levin, testimony before the Senate
892 CQ Researcher
rate is plunging, but why?” The Guardian,
Aug. 21, 2011, https://tinyurl.com/y768p2bg;
Brown v. Plata, 563 U.S._ 2011, U.S. Supreme FOR MORE INFORMATION
Court, https://tinyurl.com/ybm9tfnu.
68 Saki Knafo and Chris Kirkham, “For-Profit ACLU National Prison Project, 125 Broad St., 18th Floor, New York, NY 10004;
Prisons Are Big Winners Of California’s Over- 212-434-3840; www.aclu.org/other/aclu-national-prison-project. Division of human
crowding Crisis,” HuffPost, Oct. 25, 2013, rights advocacy group that analyzes criminal justice policies affecting incarceration
rates and treatment of inmates.
https://tinyurl.com/yd87epjl.
69 Eisen, op. cit., pp. 115-16.
American Correctional Association, 206 N. Washington St., Suite 200, Alexandria,
70 Dina Gusovsky, “A billion-dollar-plus indus- VA 22314; 703-224-0000; www.aca.org/aca_prod_imis/aca_member. Membership or-
try Clinton may sentence to death,” CNBC, ganization representing the correctional profession.
March 4, 2016, https://tinyurl.com/ycdk9myu; Brennan Center for Justice, 120 Broadway, Suite 1750, New York, NY 10271;
Amy Brittain and Drew Harwell, “Private 646-292-8310; www.brennancenter.org. Law and policy institute that researches
prison giant, resurgent in Trump era, gathers criminal justice policies and advocates for an end to mass incarceration.
at president’s resort,” The Washington Post,
In the Public Interest, 1939 Harrison St., Suite 150, Oakland, CA 94612; 202-429-
Oct. 25, 2017, https://tinyurl.com/ybsbekl2.
71 “Phasing Out Our Use of Private Prisons,” 5091; www.inthepublicinterest.org. Research group that analyzes public-private con-
tracting issues in the U.S. corrections system.
news release, U.S. Department of Justice,
Aug. 18, 2016, https://tinyurl.com/y9rtryxe. Reason Foundation, 5737 Mesmer Ave., Los Angeles, CA 90230; 310-391-2245;
72 Matt Zapotosky, “Trump White House vows reason.org. Libertarian advocacy organization and think tank that analyzes and
it won’t coddle ‘the rioter, the looter, or the promotes private industry’s role in the corrections industry.
violent disrupter,’ ” The Washington Post, Jan. The Sentencing Project, 1705 DeSales St., N.W., 8th Floor, Washington, DC 20036;
20, 2017, https://tinyurl.com/y7pgpfh2; “The 202-628-0871; www.sentencingproject.org/. Advocacy group seeking alternatives to
private prison industry, explained,” The Week, incarceration.
Aug. 6, 2018, https://tinyurl.com/ycqeevrf.
73 Matt Zapotosky and Sari Horwitz, “Ses- y8t4az4z; and “Department of Homeland ybej4b5r; and “Kentucky Reluctantly Returns
sions vows crackdown on violent crime in Security Appropriations Bill, 2019, Senate to Prison Privatization,” Prison Legal News,
first major speech as attorney general,” The Committee on Appropriations, June 21, 2018, Oct. 12, 2018, https://tinyurl.com/yb365jrk.
pp. 48-49, https://tinyurl.com/yckv4t8j. 86 James Mayse, “Work advancing on prison-
Washington Post, Feb. 28, 2017, https://tinyurl.
78 “Total Federal Inmates,” U.S. Bureau of industry partnership in Kentucky,” Corrections
com/ybn7b9th; Sari Horwitz and Matt Zapo-
tosky, “Sessions issues sweeping new criminal Prisons, accessed Sept. 20, 2018, https:// One.com, Aug. 13, 2018, https://tinyurl.com/
charging policy,” The Washington Post, May tinyurl.com/jk2afd8. y928sj45.
79 Rob Urban and Kristy Westgard, “It’s a 87 Abigail Hess, “California is paying inmates
12, 2017, https://tinyurl.com/y84tg2lr.
74 John Gramlich, “5 facts about crime in the Great Time to Be a Prison Landlord, Thanks $1 an hour to fight wildfires,” CNBC, Aug. 14,
U.S.,” Pew Research Center, Jan. 30, 2018, to the IRS,” Bloomberg, Aug. 9, 2018, https:// 2018, https://tinyurl.com/yaumulj7.
tinyurl.com/ycodrhlp. 88 Kate Morrissey, “Judge allows case over
https://tinyurl.com/y9v32ymj.
75 “Highest to Lowest — Prison Population 80 Ibid. alleged forced labor in immigration detention
81 Eli Watkins, “Rebuffing Sessions, senators to move forward,” San Diego Union, May 17,
Rate,” World Prison Brief, Institute for Criminal
Policy Research, 2018, https://tinyurl.com/ advance criminal justice reform bill,” CNN, 2018, https://tinyurl.com/yde3zpld.
Feb. 15, 2018, https://tinyurl.com/y7specyk. 89 Kieran Nicholson, “Immigrants can sue
ybt8p67l; Carson, “Prisoners in 2016,” op.
82 Nicholas Fandos and Katie Rogers, “Senator federal detention center in Colorado over
cit., pp. 1-2.
76 “What Trump proposed cutting in his Says He Has Trump’s Backing for Prison Bill forced labor, appeals court says,” The Denver
2019 budget,” The Washington Post, Feb. 16, Vote Late This Year,” The New York Times, Post, Feb. 9, 2018, https://tinyurl.com/y9mu8ter;
2018, https://tinyurl.com/yadgc78p; “Commit- Aug. 23, 2018, https://tinyurl.com/y9uopvpr. Alexandra F. Levy, “Who has most to gain from
83 “H.R. 1980 — Private Prison Information Trump’s immigration policies? Private prisons,”
tee Approves Fiscal 2019 Commerce, Justice,
Science Appropriations Bill,” news release, Act of 2017,” Congress.gov, https://tinyurl. The Washington Post, June 29, 2018, https://
House Appropriations Committee, May 17, com/y7y65ecu. tinyurl.com/yaehdyf5.
84 Andrew Pantazi, “Florida’s prisons are 90 Gaby Neal, “Securities Class Action Complaint
2018, https://tinyurl.com/yc3orezp; and “Com-
mittee Advances FY2019 Commerce, Justice, more expensive than ever. What will the next Against CoreCivic Upheld,” Correctional News,
Science Appropriations Bill,” news release, governor do about it?” Florida Times-Union, Jan. 9, 2018, https://tinyurl.com/ybevmqro.
Aug. 17, 2018, https://tinyurl.com/y9fbrxxd. 91 Barnini Chakraborty, “Trump administration
Senate Appropriations Committee, June 14,
85 Tom Latek, “Committee eliminates funding reversal on private prison use faces pitfalls,”
2018, https://tinyurl.com/yceb2ryo.
77 “What Trump proposed cutting in his 2019 for private prisons,” Kentucky Today, March Fox News, March 16, 2017, https://tinyurl.
budget,” ibid.; “Appropriations Committee 26, 2018, https://tinyurl.com/ybgjxofm; Adam com/y9mbhg4c.
Beam, “Kentucky Official: State Prisons to Run 92 “Highest to Lowest — Prison Population Rate,”
Releases Fiscal Year 2019 Homeland Security
Bill,” news release, House Appropriations Out of Space by 2019,” U.S. News & World World Prison Brief, Institute for Criminal Policy
Committee, July 18, 2018, https://tinyurl.com/ Report, Jan. 30, 2018, https://tinyurl.com/ Research, 2018, https://tinyurl.com/ybt8p67l.
Eisen, Lauren-Brooke, Inside Private Prisons: An “The Prison Industrial Complex: Mapping Private Sec-
American Dilemma in the Age of Mass Incarceration, tor Players,” Urban Justice Center, April 2018, https://
Columbia University Press, 2018. tinyurl.com/y8s4xxha.
A senior counsel in the Brennan Center’s Justice Program An anti-poverty group examines the hundreds of private
provides a detailed, balanced account of the private prison corporations that provide prison services, ranging from
industry’s history and its current activities in the U.S. cor- construction to health care. It estimates that more than half
rections system. of the $80 billion spent on incarceration annually goes to
the vendors.
Pfaff, John, Locked In: The True Causes of Mass In-
carceration and How to Achieve Real Reform, Basic “Private Prisons in the United States,” Sentencing Project,
Books, 2017. Aug. 2, 2018, https://tinyurl.com/ybybrhoo.
A Fordham law school professor examines potential causes A Washington-based group that supports reducing incar-
of the high incarceration rate in the United States and argues ceration rates provides statistics on the number of inmates
that the private prison industry is not to blame. in private prisons in each state in 2000, 2015 and 2016.
Lichtblau, Eric, “Justice Department Keeps For-Profit Luan, Livia, “Profiting from Enforcement: The Role of
Prisons, Scrapping an Obama Plan,” The New York Private Prisons in U.S. Immigration Detention,” Migration
Times, Feb. 23, 2017, https://tinyurl.com/y754fjg9. Policy Institute, May 2, 2018, https://tinyurl.com/y9bbmxgu.
Reversing an Obama-era policy, the Trump administration A writer for a liberal immigration policy think tank describes
announced it will continue to use private prisons to house the private prison industry’s support for policies aimed at
thousands of federal inmates because of the need to ease strengthening immigration enforcement and detention.
overcrowding.
Video
Schlosser, Eric, “The Prison-Industrial Complex,” The
Atlantic, December 1998, https://tinyurl.com/y7fk5ay5. “Hidden in Plain Sight,” Delaware Correctional Officers
In a landmark article, a journalist describes the industries Association, 2018, https://hiddeninplainsightdoc.com/.
and interest groups that backed laws leading to a record Delaware correctional officers describe the dangers and
number of prisons and inmates in the United States. challenges of working in the state’s prison system.
Schwartzapfel, Beth, “How Bad Is Prison Health Care? “Video: Poor Medical Care Linked to Deaths in U.S.
Depends on Who’s Watching,” The Marshall Project, Immigration Detention,” Human Rights Watch, June 19,
Feb. 25, 2018, https://tinyurl.com/ya4g8w5w. 2018, https://tinyurl.com/ycrnpyxr.
Arizona prison inmates have sued the state corrections An international advocacy organization reviews govern-
agency for “cruel and unusual punishment” resulting from ment medical records and concludes that of the 15 deaths
what they allege is inadequate medical care provided by a in immigration detention centers between 2015 and 2017,
for-profit company. poor care was responsible in eight of the cases.
894 CQ Researcher
The Next Step:
Additional Articles from Current Periodicals
CoreCivic and GEO Roberts, Deon, “ ‘Stop financing hatred:’ Charlotte banks
criticized for ties to ICE detention centers,” The Charlotte
Elinson, Zusha, “Trump’s Immigrant-Detention Center Observer, Oct. 4, 2018, https://tinyurl.com/yaecnxo8.
Plans Benefit Private Prison Operators,” The Wall Street Protesters demand Bank of America and Wells Fargo sever
Journal, July 2, 2018, https://tinyurl.com/ydemqm55. their ties with companies that manage immigration deten-
The financial outlook for the nation’s two largest private tion centers.
prison companies — the GEO Group and CoreCivic — is
improving in the wake of Trump administration policies on Shoichet, Catherine, “Inspectors found nooses hanging
immigration and crime. in cells at an ICE detention facility,” CNN, Oct. 3, 2018,
https://tinyurl.com/yapfeldp.
Margolies, Dan, “Bombshell In Leavenworth Tapings Case: A surprise government inspection at a GEO-run immigra-
1,300 Public Defender Calls Recorded Over Two Years,” tion detention center in California revealed negligent medical
KCUR, June 6, 2018, https://tinyurl.com/y7ugq9el. care and misuse of solitary confinement.
A lawsuit accused CoreCivic of impermissibly recording
inmate phone calls to their attorneys. Security and Safety
Mazza, Sandy, “CoreCivic prison operator to relocate, Blakeslee, Nate, “The Dickensian Conditions of Life in
sells Nashville headquarters for $12.6M,” The Tennes- a For-Profit Lockup,” The New York Times, Oct. 1, 2018,
sean, Oct. 1, 2018, https://tinyurl.com/yawppqen. https://tinyurl.com/y8e9r278.
The private prison company says it’s moving its headquar- A journalist working undercover at a private Louisiana
ters to Maryland to accommodate its growing enterprise. prison described unsafe conditions, low pay for guards and
high staff turnover.
Health Care
Knapp, Andrew,“After South Carolina riot, 48 ‘problematic’
Kiefer, Michael, “Did Arizona inmate-care provider deny inmates shipped to private Mississippi prison,” The Post
care to avoid fines? Judge hears testimony in case,” The and Courier, June 22, 2018, https://tinyurl.com/y9popxgo.
Republic, Feb. 27, 2018, https://tinyurl.com/yaqoqsxp. A CoreCivic prison took on 48 inmates from a South
A physician formerly employed by a prison medical care Carolina prison after a riot left seven dead.
contractor testified that the company delayed or withheld
treatment to sick inmates in an effort to avoid compliance Williams, Timothy, “Inside a Private Prison: Blood,
with a 2014 court settlement. Suicide and Poorly Paid Guards,” The New York Times,
April 3, 2018, https://tinyurl.com/y7o9tooe.
McKillop, Matt, and Alex Boucher, “Aging Prison Popu- A privately run Mississippi prison accused of unsafe condi-
lations Drive Up Costs,” Pew Charitable Trusts, Feb. 20, tions says, “We can say — unequivocally — that the facility
2018, https://tinyurl.com/ycm2p9ar. is safe, secure, clean, and well run.”
The rapidly aging inmate population will send prisons’
health care costs soaring, according to a Pew analysis. CITING CQ RESEARCHER
Sample formats for citing these reports in a bibliography
Tollefson, Phoebe, “Private Montana prison didn’t treat
former inmate’s brain injury soon enough, lawsuit says,” include the ones listed below. Preferred styles and formats
The Billings Gazette, Sept. 13, 2018, https://tinyurl. vary, so please check with your instructor or professor.
com/y942kqdh.
A former inmate at a CoreCivic facility is suing the com- MLA STYLE
pany, alleging it failed to treat a serious brain injury until Mantel, Barbara. “Coal Industry’s Future.” CQ Researcher 17
five days after he began showing severe symptoms. June 2016: 529-552.
Immigration Detention Centers APA STYLE
Mantel, B. (2016, June 17). Coal Industry’s Future. CQ Re-
Betz, Bradford, “Lawsuits over inmate pay lack merit,
Republican lawmakers tell DOJ,” Fox News, March 24, searcher, 6, 529-552.
2018, https://tinyurl.com/yavbfmzg.
CHICAGO STYLE
A group of Republican lawmakers say lawsuits by former
detainees at GEO-run immigration detention centers who Mantel, Barbara. “Coal Industry’s Future.” CQ Researcher,
claim they were forced to work for $1 a day “lack legal June 17, 2016, 529-52.
merit and should be dismissed.”
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