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For-Profit Prisons
Should companies be in the incarceration business?

T
he for-profit prison industry in the United States

is growing at a time when the inmate popula-

tion is declining. Critics argue that corporate-run

prisons pose more safety problems than public

ones, saying the companies hire fewer guards and cut costs to

make money. Lawsuits by inmates and civil rights groups allege

that cost-cutting is leading to dangerous prison conditions and

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

federal prisons, but President Trump reversed course a year later.

Meanwhile, companies are playing a greater role in the detention

of undocumented immigrants, drawing criticism from civil rights

groups and some communities where private detention facilities

are located. Immigrant-rights groups say the prison industry is en-

couraging the Trump administration’s crackdown on illegal N


I THIS REPORT
THE ISSUES ............................ 875
immigration — a charge the companies deny. S
BACKGROUND ...................... 882
I
CHRONOLOGY...................... 883
D
CURRENT SITUATION .......... 887
CQ Researcher • Oct. 19, 2018 • www.cqresearcher.com E
Volume 28, Number 37 • Pages 873-896
AT ISSUE ................................ 889
OUTLOOK .............................. 890
RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR
EXCELLENCE ◆ AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD
BIBLIOGRAPHY..................... 894
THE NEXT STEP ................... 895
FOR-PROFIT PRISONS
Oct. 19, 2018
Volume 28, Number 37
THE ISSUES SIDEBARS AND GRAPHICS EXECUTIVE EDITOR: Thomas J. Billitteri
tjb@sagepub.com
• Should private prisons be More Than Half of States
875 banned? 876 Use Private Prisons ASSISTANT MANAGING EDITORS: Kenneth
Twenty-seven states rely on Fireman, kenneth.fireman@sagepub.com,
• Are private prisons less Kathy Koch, kathy.koch@sagepub.com,
safe than public prisons? for-profit facilities. Scott Rohrer, scott.rohrer@sagepub.com
• Are private prisons more ASSOCIATE MANAGING EDITOR: Val Ellicott
Private Prison Population
cost effective than public
prisons?
877 Soars CONTRIBUTING WRITERS: Sarah Glazer,
The number of inmates Alan Greenblatt, Reed Karaim,
jumped 47 percent between Barbara Mantel, Patrick Marshall, Tom Price
2000 and 2016.
BACKGROUND SENIOR PROJECT EDITOR: Olu B. Davis
Industry’s Role in EDITORIAL ASSISTANT: Natalia Gurevich
882 Early Prisons 878 Immigrant Detentions PROOFREADER: Michelle Harris
Solitary confinement and Stirs Controversy
inmate labor were hallmarks GEO Group sees business FACT CHECKERS: Eva P. Dasher,
of the nation’s first prisons. growth amid border crack- Betsy Towner Levine, Robin Palmer
down.
Worsening Conditions
884 Riots in the mid-20th century Use of Private Detention
spurred reform efforts. 880 Centers Grows
More than 70 percent of
Private-Prison Boom
885 Tough sentencing laws led to
immigrant detainees are
held in privately run An Imprint of SAGE Publications Inc.
more inmates and private pris- facilities.
ons between 1991 and 1998. SENIOR VICE PRESIDENT,
GLOBAL LEARNING RESOURCES:
Chronology
886 Continued Growth 883 Key events since 1790.
Karen Phillips
The private prison industry’s ASSOCIATE VICE PRESIDENT,
revenues topped $1 billion Lawsuits Accuse Prisons LIBRARY EDITORIAL:
by 2000. 884 of Inadequate Medical Todd Baldwin
Care
Corrections agencies and
CURRENT SITUATION health care providers
Copyright © 2018 CQ Press, an Imprint of SAGE
Publications, Inc. SAGE reserves all copyright and
deny cutting corners. other rights herein, unless previously specified in writ-
Potential Changes
887 Major prison companies are At Issue:
ing. No part of this publication may be reproduced

expanding their real estate 889 Should private industry play


electronically or otherwise, without prior written
permission. Unauthorized reproduction or transmis-
investments. a role in prison operations? sion of SAGE copyrighted material is a violation of
federal law carrying civil fines of up to $100,000.
Government Activity
888 Legislation to lower the FOR FURTHER RESEARCH CQ Press is a registered trademark of Congressional
incarceration rate faces Quarterly Inc.
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893 Organizations to contact.
CQ Researcher (ISSN 1056-2036) is printed on acid-
free paper. Published weekly, except: (March wk.
Legal Challenges
888 Immigrant detainees are Bibliography
4) (May wk. 4) (June wk. 5) (Aug. wks. 2, 3) (Nov.

suing GEO and CoreCivic 894 Selected sources used.


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Cover: AP Photo/Ted S. Warner

874 CQ Researcher
For-Profit Prisons
BY CHRISTINA L. LYONS

THE ISSUES or expand prison capacity


when needed.
“We have played a critical

T erry Beasley and other


inmates at the East Mis-
sissippi Correctional
Facility in Meridian, Miss.,
banged on their windows to
role for [corrections] systems that
are overcrowded or aging” —
such as when the U.S. Supreme
Court in 2011 ordered California
to relieve overcrowding at its
alert guards to another pris- prisons, says Amanda Gilchrist,
oner who needed immediate spokeswoman for CoreCivic
medical attention. Inc., the industry’s second-largest
“He was blue,” Beasley said company. She says the Nashville,
during a March 9 court hearing Tenn.-based company has never
on inmates’ class-action law- cut corners to increase profits.
suit against the state alleging The number of inmates in
unsafe prison conditions and private prisons has increased

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

www.cqresearcher.com Oct. 19, 2018 875


FOR-PROFIT PRISONS
4.9 inmates in public prisons, Brook-
More Than Half of States Use Private Prisons ings found. 5
But industry officials and their sup-
Twenty-seven states have privately run, for-profit prisons within
porters say private prisons ensure gov-
their corrections system. In New Mexico, 43 percent of inmates
ernments have access to cost-effective
are incarcerated in such prisons — the highest percentage of any and quality services.
state. Montana is second with 39 percent. “You can’t assume the industry is
Share of Inmates in Private Prisons by State, 2016 trying to cut costs,” says Austill Stuart,
policy analyst for the Reason Founda-
Wash. N.D. N.H.
tion, a libertarian think tank in Los
Mont. Minn. Vt. Angeles that supports the use of private
Maine
S.D. Wis. prisons. “Competition [in the prison
Ore. Idaho
Wyo. Mich. N.Y. Mass. industry] has existed long enough” to
Iowa
Neb. R.I.
Ind. Ohio
Pa.
Conn.
have proved the effectiveness of private
Ill.
Nev. Utah N.J. prisons, he says.
Colo. Kan. Mo. W.Va. Del.
Ky. Va.
Md.
CoreCivic and GEO say they can
Calif.
Okla. Tenn. N.C. save the government money while
Ariz. Ark.
N.M. S.C. D.C.* offering better quality, cost-effective
Miss.
Ala. Ga.
Texas La. services than the public sector. “We
hear no greater or more consistent
Fla.
long-term priority from [governments]
Alaska than bringing down the financial and
social costs of recidivism,” CoreCivic’s
Greater than 30%
Hawaii Gilchrist says.
20 to 29%
10 to 19%
The industry has scored some suc-
* D.C. count is incorporated in federal numbers. 0.1 to 9% cesses, says Jeffrey Butts, director of
Source: “Private Prisons in the United States,” U.S. Bureau No private prisons the Research and Evaluation Center
of Justice Statistics, The Sentencing Project, last updated at the City University of New York’s
August 2018, https://tinyurl.com/y8qxow4t John Jay College of Criminal Justice.
He cites the Rite of Passage, a Nevada
States and the federal government upkeep, inmate care and rehabilitation company that operates rehabilitation
either directly manage corrections facili- services. centers around the country for youths
ties or contract with private companies “Private facilities are generally convicted of crimes. Butts says the
to build and manage prisons. In 2016, worse off than public facilities,” says company’s CEO, Ski Borman, “pays
27 states and the federal government Paul Ashton, development and finance attention to the social dynamics in the
contracted with private companies — manager for the Justice Policy Institute, facilities” and ensures “quality support
primarily CoreCivic, the GEO Group, a Washington think tank that is work- and services for adolescents.”
based in Boca Raton, Fla., or MTC. ing to lower the incarceration rate. Butts, along with industry officials,
(See map, above.) CoreCivic and GEO “Guards are often paid substantially many criminal justice experts and other
(formerly called Wackenhut Correc- less than public [ones], and aren’t observers say private prisons are no
tions) are publicly traded companies offered the same levels of benefits worse than public ones and that abuse
while MTC is privately held. 4 or training. And as a result of the and violence are endemic to both.
Violence, inmate riots and prisoner lack of training, there are increased Inmate deaths in state and federal
complaints about mistreatment have conflicts between guards and inmates prisons increased nearly 24 percent
long plagued U.S. prisons. Civil rights at private facilities.” between 2001 and 2014, according
advocates, liberals and some criminal In 2015, officers in private prisons to the federal Bureau of Justice. The
justice reform supporters, however, say were paid about $7,000 less than the number of homicides in prisons more
such problems have worsened with the average public prison guard, according than doubled between 2009 and 2014,
private prison industry’s growth. These to the Brookings Institution, a centrist while suicides in state prisons increased
critics say the companies’ profit moti- Washington think tank. Private prisons 48 percent between 2001 and 2014. 6
vation encourages them to skimp on also average about one officer per 6.9 In Delaware, inmates seized a
spending and training for staff, facility inmates, compared with one officer per building at the state-operated James T.

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

institute at New York University’s School


of Law. “We are sending so many people
to these facilities, we are morally bank-
2000 2016 2000 2016
rupt if we don’t do our best to change
the outcomes for these people.” Sources: “Private Prisons in the United States,” U.S. Bureau of Justice Statistics,
Some criminal justice experts urge The Sentencing Project, last updated August 2018, https://tinyurl.com/y8qxow4t;
policymakers to focus on reworking “Prisoners in 2000,” U.S. Bureau of Justice Statistics, August 2001, https://tinyurl.
prison contracts so that they contain com/jzssn9q
more incentives for companies to im-
prove inmate care and rehabilitation detainees — up from 49 percent in from competition in the business, indus-
services and reduce recidivism — that 2009. 10 (See sidebar, p. 878.) try supporters say. Private companies
is, the number of inmates who re-offend Critics say the industry is encour- compete with each other — and even
and return to prison. 8 aging the administration’s crackdown with the government — to offer the
But others say improving contracts on illegal immigration so it can make most cost-effective services.
will not help much. “We say you money, a charge industry officials deny. But Fathi says the “usual rules of mar-
can’t improve an industry as bad as As debate continues about private ket discipline,” by which a company will
the private prison industry,” says Alex operations in the corrections system, lose business if it provides bad services,
Friedmann, a former inmate who is here are some questions that inmate do not apply in the prison industry. “The
associate director of the Human Rights advocates, lawmakers, prison experts people to whom the quality of the service
Defense Center, a research and prisoner and others are asking: matters have no choice,” he says. “They
advocacy group based in Lake Worth, can’t choose another prison.”
Fla. Friedmann, who was convicted of Should private prisons be banned? Friedmann of the Human Rights
armed robbery and assault charges, Opponents of private prisons argue Defense Center says publicly traded
served 10 years in prisons and jails companies unethically profit from incar- companies are “obligated to sharehold-
in Tennessee, including six years at a cerating others. “If people are going to ers to generate money,” suggesting their
CoreCivic facility. 9 He says companies be incarcerated, deprived of their liberty, primary concern is producing profits
can only boost profits by hiring less that needs to be done by a democratically rather than caring for prisoners.
experienced staff for lower pay and controlled government, not by a private The Geo Group reported revenue of
reducing care for inmates. corporation with one eye on profits and $2.26 billion in 2017, up from $2.18 bil-
The industry also is facing criticism the bottom line,” says David Fathi, direc- lion in 2016. CoreCivic had revenue of
over its role in the Trump administra- tor of the ACLU’s National Prison Project. $1.76 billion in 2017, down slightly from
tion’s crackdown on illegal immigration. But the Reason Foundation’s Stuart $1.8 billion the previous year. Combined,
In fiscal 2017, an average of 40,500 says, “It’s not the company depriving the two companies operate about 125
undocumented immigrants were held them of their liberty. . . . That’s the corrections facilities. Among the largest
in federal detention centers daily, up equivalent of shooting the messenger.” investors are JPMorgan Chase, BlackRock
from more than 28,000 daily over the By involving private industry in cor- and New York Life Group, according to
previous decade. Private facilities held rections, the government can choose a report by government and industry
more than 71 percent of immigrant the most effective solution that results watchdog groups. 11

www.cqresearcher.com Oct. 19, 2018 877


FOR-PROFIT PRISONS

Industry’s Role in Immigrant Detentions Stirs Controversy


GEO Group sees business growth amid border crackdown.

O n 24 acres at the end of Hilbig Road in Conroe,


Texas, about 40 miles north of Houston, the GEO
Group is preparing to open the nation’s newest im-
migration detention center — the first since President Trump
took office in 2017.
over the companies’ expanding role in the detention of un-
documented immigrants. Critics say the industry is unethically
reaping profits from the Trump administration’s crackdown
on illegal immigration, while industry officials maintain these
companies help the government by building facilities quickly
The corrections company purchased the lot in 2010, seven and providing jobs and revenue for local communities.
years before winning the $110 million federal contract to build In early 2017, Trump ordered immigration agents to detain
and operate the 1,000-bed center. GEO already operates a anyone suspected of crossing the U.S.-Mexico border illegally.
mental health center and the 1,500-bed Joe Corley Detention The number of immigrants detained daily increased to 45,000
Center on a neighboring property. GEO spokesman Pablo E. in 2018 — up from more than 28,000 daily in the decade
Paez said the project is an economic boon for Conroe, bring- before. The White House this past spring requested funding
ing about 340 jobs with “average annual salaries ranging from for about 9,000 more detention beds over the next year. 5
$28,000 to $50,000.” 1 More than 71 percent of detainees were kept in private
“We have a presence in the community going back several facilities in 2016, up from 49 percent in 2009, according to the
years,” Paez said. “I think we strive to be a good . . . corporate National Immigrant Justice Center, an affiliate of the Chicago-
partner to the community.” 2 based human rights group Heartland Alliance, and Grassroots
But many residents, Conroe’s mayor and civil rights advo- Leadership, an Austin group that campaigns against the private
cates say the town, part of the metropolitan Houston region, prison industry. 6
is already growing and doesn’t need the jobs, and they object GEO Group CEO George Zoley told investors in August
to giving GEO more business. The company has faced several that the detention centers present a growth opportunity for
complaints and lawsuits alleging inmate abuse and forced labor the publicly traded company, the biggest in the private prison
at some of its facilities, including Joe Corley. industry, with $2.26 billion in revenue last year. Stock prices in
“Our . . . officials have given a blank check to an amoral GEO, as well as its competitor CoreCivic, had plunged before
corporation with a shameful record of human rights abuses Trump’s election in November 2016.
and lack of accountability,” resident John Miller said last year. 3 The value of GEO stock — held largely by major banks,
Conroe Mayor Toby Powell said, “We have plenty of rooms mutual funds and private equity firms, as well as some pub-
[at Joe Corley] for our illegal aliens who are breaking the law. lic employee retirement systems — nearly tripled after the
I don’t think that we need any more detention centers here election before dropping back in late 2017. Value now is
in Conroe.” 4 nearly double what it was in August 2016 when the Obama
The controversy reflects growing tensions among com- administration announced it would phase out the use of
munities, civil rights activists and the private prison industry for-profit federal prisons — a plan that many observers and

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-

www.cqresearcher.com Oct. 19, 2018 879


FOR-PROFIT PRISONS
poorly qualified corrections officers and
Use of Private Detention Centers Grows keeping vacant positions open.
Bauer said he obtained a guard
Privately run facilities housed more than two-thirds of the undocu-
position at Winn Correctional without
mented immigrants detained by the Immigration and Customs extensive background checks or ex-
Enforcement agency (ICE) in November 2017, according to the perience in corrections. His four-week
National Immigrant Justice Center, a legal-aid and advocacy training, he said, included observation
group. A separate study by the Detention Watch Network, an in the prison and classroom instruction,
advocacy group that opposes immigrant detention, found that such as guidance on how to break up
private companies housed 49 percent of detainees in 2009. inmate fights. 18
The ACLU’s Fathi says, “Several stud-
Operators of ICE Immigration ies have consistently shown that private
Detention Facilities, November 2017 29% prisons are less safe, provide fewer
(Percentage of detainees held*) services and, on a number of metrics,
are inferior to publicly run prisons.”
Local governments 71% One 2015 study, for example, con-
Private-prison companies
cluded assault rates were higher in
Mississippi’s private prisons than in
* Adults make up the vast majority of detainees. public prisons. 19
Sources: Tara Tidwell Cullen, “ICE Released Its Most Comprehensive Immigration “It’s a safe inference that attempts to
Detention Data Yet. It's Alarming,” National Immigrant Justice Center, March 13, cut costs and boost profits underlie a
2018, https://tinyurl.com/ybrwn8zk; “The Influence of the Private Prison Industry in lot of the problems that we see with
the Immigration Detention Business,” Detention Watch Network, May 2011, private prisons,” Fathi says.
https://tinyurl.com/y7okfark The 2016 study by the Inspector
General’s Office for the Justice De-
private contracts that offer incentives for less lawsuits alleging inmate abuse, partment compared 14 private and
better performance. “If we care about including guards beating prisoners. 14 public facilities and concluded that
reducing recidivism, put that in the con- Nate Balis, director of the juvenile “contract prisons incurred more safety
tract; if we care about skills, job training, justice strategy group for the nonprofit and security incidents per capita than
vocational experience [for inmates], then Annie E. Casey Foundation in Balti- comparable [government-run] institu-
that should be a goal of the contracts,” more, which advocates for juvenile tions.” It also said private prisons had
says the Brennan Center’s Eisen. offenders, says, “Some of the most higher rates of assaults by inmates on
disturbing things I’ve seen . . . have other inmates and staff. 20
Are private prisons less safe been in public facilities.” Three industry officials — CoreCivic
than public prisons? In his 2017 book Locked In, John then-communications director Steve
Journalist Shane Bauer, in his 2018 Pfaff, a criminal law professor at Owen, GEO spokesman Pablo Paez
book American Prison, described his Fordham University School of Law in and MTC vice president of correc-
experiences working undercover for New York City, wrote that problems tions marketing Mike Murphy — said
$9 an hour as a guard at CoreCivic’s persist in corrections facilities because the report unfairly compared private
Winn Correctional Center in Louisiana, the “majority of people in prison have prisons holding many “gang-affiliated
where he witnessed stabbings among been convicted of violent crime, and inmates” awaiting deportation with
inmates and beatings by guards. 16 an even greater number have engaged public prisons housing more mixed
“The inference is [that] privatization in violent behavior.” As of December populations. Yet the report also said
is horrible,” says Dan Mears, a pro- 2015, 54.5 percent of U.S. prisoners had that private prison inmates were less
fessor of criminology at Florida State been charged with a violent offense likely to use drugs or be involved in
University. “But the same exposé could such as murder. 17 sexual misconduct and that fewer in-
be done in prisons across the country” But the ex-prisoner Friedmann, who mate deaths occurred in private prisons,
over the past century. has studied the issue, disputes the no- the trio noted. 21
The Reason Foundation’s Stuart says, tion that all prisons have the same safety Gilchrist of CoreCivic rejects the
“Look at a place like Rikers Island,” a challenges. He says private prisons are view that her company endangers
400-acre government-run jail complex not as safe as public ones because they inmates and staff in the interest of
in New York City that has faced count- spend less on payroll and training, hiring making money. “We don’t cut corners

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,

www.cqresearcher.com Oct. 19, 2018 881


FOR-PROFIT PRISONS
mental health therapy and substance carceration should be expensive,” she Philadelphia. Completed in 1829, the
abuse treatment programs. 30 says, particularly if attention is paid prison adopted the Quaker theory that
Criminal justice experts also say to rehabilitation, drug treatment and if individuals spent time in solitary con-
many states send prisoners to private mental health services. “Saving money finement reflecting on their behavior,
facilities in other states, either to reduce isn’t the right goal.” they would not return to a life of crime.
overcrowding or because an inmate British author Charles Dickens was
was causing security problems or was not impressed. After visiting the prison,
in danger. In 2016, about 7,300 in-
mates were housed outside their home
states (California, Hawaii, Idaho and
BACKGROUND he called it “worse than any torture
of the body.”
A state prison opened in Auburn, N.Y.,
Vermont), although that number was in 1821 and isolated prisoners only at
down from 10,500 in 2013. 31 night. During the day, inmates worked
A 2015 study by Hadar Aviram, a Early Prisons together to make shoes, clothes, carpets,
Hastings College of Law professor at tools and furniture under state contracts
the University of California, found that
cost distinctions between government
and private prisons are exaggerated.
I n the colonial period, prisons did not
exist. Community jails held individuals
while they awaited trial or punishment. If
with manufacturers. Proceeds from their
labor helped cover prison costs. 34
Other penitentiaries copied the con-
“Piecemeal privatization of functions, convicted, prisoners were fined, flogged tract-labor practice, while some states
utilities and services within state prisons or put in the stockade for a brief time leased their penitentiaries to a private
contractor who covered the facility’s
costs in exchange for inmates’ labor.
In 1825, Kentucky leased its 250-bed

Getty Images/Los Angeles Times/Gary Friedman


facility to businessman Joel Scott for
$1,000 a year; Scott put the inmates to
work, and half of the proceeds from
their labor went to the state. 35
After gold was discovered in Cali-
fornia in 1848, hundreds of thousands
moved west hoping to strike it rich.
Crime followed, and the San Francisco
jail soon overflowed, forcing lawmakers
to turn to private entrepreneurs to
house inmates on ships nearby. Prison-
ers on the ship Waban were tasked in
1852 with building the notorious San
Quentin State Prison. 36
Bunks take up floor space at Mule Creek State Prison in Ione, Calif., in The state contracted with James Es-
June 2010, when the facility, designed to hold 1,700 inmates, housed 3,900. tell and subsequently John F. McCauley
In 2011, the Supreme Court ordered California to reduce its overcrowded
prison population, and the state turned to for-profit prisons for help.
to operate the prison. But following
reports of McCauley’s abuse of the
make them operate more like private before returning to society. (Debtors, inmates, the state took over in 1858. 37
facilities,” he wrote, “and public actors however, remained jailed until they or The National Prison Association
respond to the cost/benefit pressures their family paid their debt.) The local was founded in 1870 and focused on
of the market just like private ones.” jurisdiction paid the jailer, who could reforming prisoners rather than giving
The 2007-09 recession forced cuts at squeeze spending to make a profit. 33 them fixed sentences. This principle
both public and private prisons, he The first prison opened in 1790 in became the basis of a reformatory built
said, “sometimes at the expense of Philadelphia, when the Walnut Street in Elmira, N.Y., in 1876, where Super-
prison conditions and human rights.” 32 Jail was redesigned to place inmates in intendent Zebulon Brockway instituted
The Brennan Center’s Eisen says individual cells for extended periods. an educational and training system to
both government officials and the Over the next few decades, the facility rehabilitate the inmates, who could
industry should not be looking to became overcrowded and Pennsylvania earn early release if they cooperated. 38
cut costs in corrections facilities. “In- built the Eastern State Penitentiary in Continued on p. 884

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.

1790 1975 2007-09


First state prison opens in Phila- Violent crime rate doubles since 1960. Recession forces states to slash
delphia when the Walnut Street corrections budgets.
Jail begins putting some inmates •
in solitary confinement. 2010
Number of prisoners declines for
1821
State prison in Auburn, N.Y., debuts;
1980s-1990s
Tougher sentencing laws spur
the first time in decades, from
2.3 million in 2009 to 2.28 million,
inmates are put to work making prison construction boom. after state and federal lawmakers
shoes and other goods. begin relaxing sentencing laws.
1983
1852 Three businessmen begin the first 2011
Inmates housed on a prison ship private prison company, Corrections Supreme Court orders California to
begin building California’s San Corporation of America. reduce its state prison population
Quentin as a private prison; the because of overcrowding.
state takes it over six years later fol- 1984
lowing reports of inmate abuse. Sentencing Reform Act eliminates 2013
federal parole. . . . New state laws California Gov. Jerry Brown signs
1887 mandate minimum prison stays. three contracts with private prison
Congress bars the leasing of pris- companies.
oners. 1986
Anti-Drug Abuse Act harshly pe- 2015
1891 nalizes cocaine possession. Columbia University becomes first
Congress authorizes construction college to divest its stock holdings
of three federal prisons. 1988 in private prison industry.
Federal commission says prison
1930 privatization will save government 2016
Congress creates Bureau of Pris- money, increase accountability. After an inspector general report
ons to manage federal facilities. concludes federal private prisons
1994 are less safe than public ones,
• Violent Crime Control and Law En- Deputy Attorney General Sally
forcement Act authorizes $8 billion Yates says the U.S. will stop con-
in state grants for prisons, man- tracting with private companies.
1950s-1970s
Inmates riot to protest prison
dates life sentences for some three-
time offenders. 2017
conditions. Trump administration vows crack-
1997 down on violent crime and il-
1954 District of Columbia, 23 states con- legal immigration, and reverses
A Missouri State Penitentiary riot tract with private companies to 2016 order ending private prison
ends with four inmates killed and build, manage prisons. . . . Congress contracts.
dozens more — along with four authorizes first private federal prison.
guards — injured. 2018
1998 Congressional negotiations stall
1968 Journalist Eric Schlosser coins the on legislation to soften sentencing
Republican presidential nominee phrase “prison-industrial complex” to laws. . . . Number of daily im-
Richard Nixon campaigns on a describe how political and economic migrant detainees rises to 45,000,
“law and order” platform. interests perpetuate prison growth. from 28,000 the decade before.

www.cqresearcher.com Oct. 19, 2018 883


FOR-PROFIT PRISONS

Lawsuits Accuse Prisons of Inadequate Medical Care


Corrections agencies and health care providers deny cutting corners.

P risons’ challenges extend beyond maintaining security.


Equally daunting, many criminal justice experts say, is
providing medical care to an inmate population often
in poor health and suffering chronic conditions that require
extensive treatment.
a severe shortage of nurses, doctors, psychiatrists and other
medical staff, and inmates with serious but treatable illnesses
who do not get the care they need. 2
Prisoners’ health care is usually delivered by one of three
providers: government employees, a private contractor or an
The American Civil Liberties Union (ACLU) and prisoner academic medical center. As of 2014, 24 states contracted with
advocacy groups say public and private prisons alike are fail- health care providers to deliver services to inmates, according
ing this challenge. Inmates of all ages — but especially older to a 2017 report by the RAND Corp., a California think tank. 3
ones — are not getting the care they need, they charge. To Alex Friedmann, associate director of the Human Rights
cut corrections costs, they allege, state agencies and their Defense Center, a prisoner advocacy group in Lake Worth,
health care providers withhold, limit or delay critical medical Fla., says when medical care is privatized, inmates tend not
care for inmates, often endangering lives. to get medications, facilities are understaffed and providers are
When it comes to medical care, “we see exactly the same often unqualified. “And bad things happen,” he says.
problems that we see with private prisons themselves,” says “That said,” Friedmann adds, “medical care is poor in
David Fathi, director of the National Prison Project for the government-run systems as well.”
ACLU. “We see a desire to cut costs, and the way you do In Arizona, a class-action lawsuit accused Corizon Health
that is to have fewer staff. . . . You don’t send people out for of not ensuring adequate health care for the 33,000 inmates
necessary medical procedures because that costs you money in the state’s 10 prisons.
and reduces your profits.” In June, a U.S. District Court judge said the Arizona Depart-
But the corrections departments and their health care pro- ment of Corrections failed to properly oversee Corizon and
viders say they are doing their best, noting the difficulty of meet the conditions of a 2014 court settlement of the lawsuit.
providing medical care in prisons during a time when health That suit was filed in 2012 on behalf of 13 inmates — and
care costs are rising. was later joined by the ACLU and the California-based Prison
“It’s a challenging endeavor with patients who enter incar- Law Center — which alleged Corizon’s medical care was
ceration with more illnesses and chronic conditions than the grossly inadequate.
general public,” said Steve Rector, CEO of Corizon Health, the Judge David Duncan also imposed $1.45 million in fines
nation’s largest private health care contractor for prisons. 1 on the Department of Corrections after whistleblowers testified
Alabama, Arizona, Idaho, Louisiana, Tennessee and other that health care managers barred inmate consultations with
states are facing lawsuits filed by prisoners and civil rights cardiologists and other specialists and did not have enough
groups alleging inadequate medical care. The suits describe basic medicines such as antibiotics on hand. 4

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.

www.cqresearcher.com Oct. 19, 2018 885


FOR-PROFIT PRISONS
Republican President Ronald Rea- and could be held accountable through rights lawsuit. They said the process
gan, elected in 1980, promised to fines or contract cancellations. 54 would eliminate many “trivial” cases
crack down on street crime, downsize The report spurred the private in- jamming the legal system. 60
government and privatize services. dustry as states sought help to open The Clinton administration in the
The Sentencing Reform Act of 1984 prisons quickly. By 1994, 20 states had mid-1990s encouraged the Bureau of
abolished federal parole; state “truth imposed truth-in-sentencing laws, in Prisons to rely more on the private
in sentencing” laws required inmates effect lengthening prison terms and sector to manage prisons. Congress in
to serve at least 85 percent of their contributing to overcrowded facilities. 55 1997 authorized the bureau to open a
sentences in prison; and the Anti-Drug Congress in August 1994 passed the privately run prison at Taft Correctional
Abuse Act of 1986 imposed harsh Violent Crime Control and Law Enforce- in California as part of a demonstration
penalties for cocaine use. 49 ment Act, authorizing $8 billion in prison project to compare the operation and
Between 1980 and 1988, the incarcera- construction grants for states that enacted safety of private and public prisons. 61
tion rate increased from 139 per 100,000 truth-in-sentencing laws, mandated life As the study proceeded, journalist
residents to 244 per 100,000. The U.S. sentences for some three-time offend- Eric Schlosser, writing in The Atlantic in
prison population rose 74 percent to ers and made dozens of federal crimes 1998, coined the term “prison-industrial
550,000 inmates during that period. At the eligible for the death penalty. 56 complex” to describe a “set of bureau-
same time, prisons were aging. In 1983 During the 1990s, 245 prisons were cratic, political and economic interests”
alone, 41 states and the District of Co- built in rural counties — many of them that perpetuated the growth of prison
lumbia were subject to litigation or under in Colorado, Oklahoma and Texas, populations and prison construction.
court order to improve conditions. 50 where local economies were suffering He said politicians had successfully
But voters during the 1980s rejected after the 1980s oil boom ended. An campaigned on a fear of crime to
60 percent of referenda authorizing average of 25 rural prisons opened increase sentencing laws, forcing the
bonds to construct prisons. With prisons annually, up from 16 in the 1980s and need for more prisons. 62
overcrowded, at least 16 states gave early four in the 1970s. 57 Economist and legal scholar Michael
release to more than 18,600 inmates. 51 Between 1991 and 1998, private prisons’ K. Block, however, said, “There are too
In some regions, government agen- adult capacity increased 856 percent. In many prisoners because there are too
cies contracted with private firms, 1997, 23 states and the District of Columbia many criminals committing too many
enabling public officials to bypass the contracted with private firms to house crimes.” 63
voter referenda because the companies prisoners, and two other states placed
would finance prison construction and prisoners in private facilities in other states.
lease the prison to the state. In 1983, About 5 percent of the nation’s juvenile Continued Growth
the Corrections Corporation of America, centers were privately operated. 58
or CCA, was founded — the nation’s
first private prison company. CCA, later
renamed CoreCivic, in 1984 opened a
Meanwhile, thousands of lawsuits
alleged unsafe and violent conditions
in both public and private prisons. A
A s the incarceration rate rose, so
did private industry’s business. By
2000, 14 private corporations operated
county jail and juvenile detention center transgender woman, Dee Farmer, sued more than 150 adult correctional facilities
in Tennessee, and the first privately prison officials in 1989 for beatings in the United States, earning combined
owned immigration detention center and rapes at the federal penitentiary annual revenues of more than $1 billion.
in Houston. 52 at Terre Haute, Ind. Ruling in 1994, They housed 6.5 percent of all state and
In 1986, Wackenhut Corrections the Supreme Court said prison officials federal inmates nationwide. 64
Corp., a division of the Wackenhut must provide humane conditions and When a recession began in late 2007,
Corp. that was founded in 1984 and medical care and protect inmates from states sought to cut corrections costs.
later renamed the GEO Group, received violence. 59 Some states, such as Michigan and New
its first federal contract from the U.S. Seeking to stem the tide of legal York, repealed mandatory minimum-
Immigration and Naturalization Service cases — which numbered about 39,000 sentencing laws. Texas focused on
to build and operate a 150-bed deten- in 1995, or 15 percent of all civil cases alternatives for nonviolent offenders
tion facility in Aurora, Colo. 53 in federal court — Sens. Robert Dole, and closed eight of its prisons in the
A commission formed by Reagan in R-Kan., and Orrin Hatch, R-Utah, suc- next six years, three of them private. 65
1988 recommended more privatization cessfully introduced the Prison Litiga- Concerns about prison operations
of prisons and immigrant detention tion Reform Act of 1997, requiring grew with reports of scandals. In 2009,
centers. Its report said private industry prisoners to exhaust a lengthy grievance juvenile court judges Mark Ciavarella
promised efficiency and cost savings appeals process before filing a civil and Michael Conahan of Wilkes Barre,

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

www.cqresearcher.com Oct. 19, 2018 887


FOR-PROFIT PRISONS
lines and that building and leasing pris- dicated earlier this year it would not tinue to divide lawmakers, particularly
ons helps them to stay in business. “The support a Senate Judiciary Committee in Florida, where seven out of every
margins in the managed-only business measure that seeks to reduce some of 1,000 residents are incarcerated. The
are very low,” Gilchrist said, “and we are the strictest federal sentencing laws. 81 issue is particularly contentious in the
dependent on the government partner to But President Trump will support a governor’s race, in which all of the
maintain the real estate asset.” 79 compromise version after the November Democratic candidates during the pri-
Habibi of In the Public Interest says midterm elections, Sen. Charles Grassley, mary criticized private prisons. These
the arrangement costs the taxpayer in R-Iowa, said in August. The measure facilities hold about 10 percent of the
the long run. “At the end of the day, is expected to include reductions to state’s estimated 96,000 inmates. 84
the government entity ends up paying some mandatory minimum-sentencing Kentucky is struggling to find space
for the full cost of construction and a rules for nonviolent drug offenders and for inmates, largely due to the opioid
lot more on top of that,” Habibi says. a provision allowing judges greater crisis. After lawmakers set tougher
“And the reason this is concerning is discretion in sentencing. It also would penalties for drug dealers and users
several years ago, the new sentencing
laws pushed the prison population to
more than 24,000 in 2016 — up from
20,000 in 2013.
Last year, the state considered re-
opening three private prisons it had
closed in 2013 after those facilities had

AFP/Getty Images/Logan Cyrus


faced years of allegations of abuse and
sexual assault. Kentucky could reach
full prison capacity — even with the
three prisons open — by May 2019,
according to state officials. But amid
a public outcry about reopening the
private facilities, state senators blocked
funding for two of the prisons, pushing
for other, less expensive options. Last
The Lee Correctional Institution in Bishopville, S.C., was in lockdown in November, the state did sign a contract
April 2018 after a riot left seven inmates dead. The South Carolina Department
of Corrections faces several lawsuits alleging the state prison system to reopen a CoreCivic-run facility. 85
is understaffed, unsafe and poorly maintained. At the time of the riot, Kentucky also is negotiating with com-
South Carolina’s 21 prisons had 600 unfilled guard positions. panies to participate in a program where
the companies could hire inmates. 86
it is embedding these companies in include provisions similar to those in In California, thousands of prison
our criminal justice system for very a House-passed measure that aim to inmates are helping to fight wildfires.
long periods of time.” reduce recidivism among prisoners. 82 Inmates without a record of arson,
For example, CoreCivic is construct- Another bill seeks to make private sexual crimes or escape can volunteer
ing a 2,400-bed prison in Kansas, correctional facilities subject to the to train through a California Depart-
which the state will operate and lease Freedom of Information Act so that ment of Corrections and Rehabilitation
for 20 years for a total $362 million. watchdog groups could obtain data firefighting training program at 43 con-
After the lease ends, the state will about their operations. The Private servation camps. 87
own the prison. CoreCivic defends the Prison Information Act has been
arrangement, saying savings in prison pushed in at least the six previous
operations will pay for the lease. 80 Congresses but has died each time Legal Challenges
in committee. Rep. Sheila Jackson

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

I n Washington, efforts aimed at


reducing the nation’s incarceration
rate are stalled. The White House in-
On the state level, proposals to
address rising corrections costs and
continued high incarceration rates con-
companies, alleging the centers are
forcing the detainees to work.
Continued on p. 890

888 CQ Researcher
At Issue:
Should private industry play a role in prison operations?
yes

MARC LEVIN DAVID C. FATHI


VICE PRESIDENT, CRIMINAL JUSTICE, DIRECTOR, NATIONAL PRISON PROJECT,
TEXAS PUBLIC POLICY FOUNDATION AMERICAN CIVIL LIBERTIES UNION

WRITTEN FOR CQ RESEARCHER, OCTOBER 2018 WRITTEN FOR CQ RESEARCHER, OCTOBER 2018

t he right question in corrections isn’t whether prisons

i n the United States we largely rely on market discipline

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.

www.cqresearcher.com Oct. 19, 2018 889


FOR-PROFIT PRISONS
Continued from p. 888 that its facilities were operated according without expanded research, which most
A class-action lawsuit by immigrants at to proper policies. CoreCivic has denied states do not have the staff to undertake.
Otay Mesa Detention Center in San Diego the allegations and unsuccessfully sought “Funding for criminal justice re-
is pending against CoreCivic, which oper- to have the suit dismissed. 90 search is a pittance,” Mears says.
ates the facility. “Our complaint alleges Criminal justice experts say they are
CoreCivic illegally enriches itself on the unable to generalize what will hap-
backs of a captive workforce,” said Korey
Nelson, partner at Burns Charest, a law
firm with offices in Dallas and New
OUTLOOK pen at the state level because of the
nation’s diverse political landscape. If
the overall prison population declines
Orleans that specializes in class-action because of changes in state laws or
suits. A CoreCivic spokesman said its declines in crime rates, Fathi says,
programs are “completely voluntary” and Upcoming Elections “that’s obviously in the long-term bad
follow federal standards. 88 news for the industry and that is why
Other lawsuits against CoreCivic
in Texas and Georgia make similar
allegations.
M any experts say the prison
industry’s fate will depend on
electoral changes in coming years.
they are diversifying into other parts
of the criminal justice system.”
Levin of the Texas Public Policy
GEO also is facing a class-action The Trump administration’s deci- Foundation says state legislators facing
lawsuit by immigrant detainees at a sion to reverse the Obama administra- reelection or term limits may be reluc-
1,500-bed ICE facility in Aurora, Colo., tion’s directive on phasing out federal tant to make changes that will affect
that it operates. The detainees allege use of private prisons and to call for their district. And if policymakers are
the center forces them to do manual harsher sentencing of certain drug inclined to create incentives for prison
labor such as cleaning toilets. The offenders is “ominous,” ACLU’s Fathi operators in contracts, “the benefits
lawsuit, originally filed in 2014 on says. “At the federal level, it’s look- will be a few years out or longer,”
behalf of nine immigrants, seeks more ing very good for the private prison Levin says. “That’s the challenge.”
than $5 million in damages for about industry because we have an admin- “I worry that we are a punitive nation
62,000 current and former detainees istration that is ideologically commit- at our heart,” the Brennan Center’s Eisen
who performed such chores, without ted to privatization and ideologically says. Despite the drop in the inmate
pay, over the past decade. committed to putting more people in population in recent years, the U.S.
GEO has denied the allegations, prisons,” he says. “This is a recipe for incarceration rate remains the highest
arguing in a court filing that “the profit for the private prison industry.” in the world. 92 “Over-incarceration is
household duties expected of detainees Industry representatives said its con- almost uniquely an American phe-
do not involve GEO in ‘trafficking’ tinued growth will be a good thing. “We nomenon,” she says. “We have a lot of
persons for forced labor.” 89 believe in running an efficient operation work to do to reduce our correctional
CoreCivic is facing several federal that provides adequate staffing and relies footprint, and I think the industry will
lawsuits regarding its management of a on state-of-the-art technology for monitor- follow the government’s lead.”
private detention facility in Leavenworth, ing, communication, health care and reha- Eisen adds, “It’s up to the government
Kan., as well as a securities class-action bilitation programs,” GEO’s Paez said. 91 to say, ‘We’ll shrink our correctional foot-
complaint from some of its investors. The industry’s outlook, however, print, and we want the private sector to
The law firm Robbins Arroyo, rep- could change if Democrats regain be our true partner’ ” and help produce
resenting shareholders, said the Bureau control of Congress after the November better outcomes.
of Prisons had notified CoreCivic of midterm elections or the presidency “A lot of academics have said it’s
several policy violations, including in 2020, he and others say. taken a lifetime to get into this mess,”
understaffing and underqualified staff But other experts say the debate Eisen says, “and it will take a lifetime
at its prisons and failure to provide over privatization and prison violence to get out of it.”
proper health care to inmates. has been ongoing for years and likely
The investors’ complaint, filed in March
2017, alleges CoreCivic violated the Securi-
will not change.
“I don’t see the issue changing one
Notes
ties Exchange Act of 1934 by scheming iota,” Florida State University’s Mears says. 1 Jermaine Dockery et al. v. Christopher Epps
to defraud investors. The suit accuses the “It will continue to be a political debate.” et al., U.S. District Court for the Southern
company of falsely stating that its con- He says policymakers will continue to District of Mississippi Jackson Division, Class
tract services resulted in improved prison have difficulty discerning the differences Action Complaint, May 30, 2013, https://
operations for government agencies and between public and private prisons tinyurl.com/ybey5a3v; Arielle Dreher, “Private

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-

www.cqresearcher.com Oct. 19, 2018 891


FOR-PROFIT PRISONS
view: San Quentin State Prison,” California tional Juvenile Justice Assessment Centers: The Congress.gov, https://tinyurl.com/yblv349s.
Department of Corrections and Rehabilitation, impact of deinstitutionalization on recidivism 57 Peter T. Kilborn, “Rural Towns Turn to Prisons

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

Judiciary Committee, Sept. 18, 2013, https://


tinyurl.com/y7dqualg; Brandi Grissom, “With
About the Author crime, incarceration rates falling, Texas closes
record number of prisons,” The Dallas Morning
Christina L. Lyons, a freelance journalist in the Washington, News, July 5, 2017, https://tinyurl.com/y77afoxc.
D.C., area, writes primarily about U.S. government and politics. 66 Ed Pilkington, “Jailed for a MySpace parody,
She is a contributing author for CQ Press reference books, the student who exposed America’s cash for
including CQ’s Guide to Congress, and was a contributing kids scandal,” The Guardian, March 6, 2009,
editor for Bloomberg BNA’s International Trade Daily. A https://tinyurl.com/yc7q6nej; Nina Bernstein,
former editor for Congressional Quarterly, she also was “Officials Hid Truth of Immigrant Deaths
co-author of CQ’s Politics in America 2010. She has a in Jail,” The New York Times, Jan. 9, 2010,
master’s degree in political science from American University. https://tinyurl.com/yb8nreea.
67 Chris McGreal, “America’s serious crime

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.

www.cqresearcher.com Oct. 19, 2018 893


Bibliography
Selected Sources
Books Reports and Studies
Bauer, Shane, American Prison: A Reporter’s Undercover “Prison Health Care Costs and Quality: How and why
Journey into the Business of Punishment, Penguin states strive for high-performing systems,” Pew Charita-
Press, 2018. ble Trusts, Oct. 18, 2017, https://tinyurl.com/yd543396.
A Mother Jones reporter, working undercover as a guard The Pew Charitable Trusts and the Vera Institute of Justice
for $9 an hour, describes prisoner mistreatment and severe detail each state’s spending on prison health care from fiscal
understaffing at a private prison in Winnfield, La. 2007 to 2011, showing a decline after 2009.

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.

Articles Benenson, Laurence, “The Math of Immigration Deten-


tion, 2018 Update: Costs Continue to Multiply,” National
Galvin, Gaby, “Underfunded, Overcrowded State Prisons Immigration Forum, May 9, 2018, https://tinyurl.com/
Struggle With Reform,” U.S. News & World Report, July yc8dobng.
26, 2017, https://tinyurl.com/ycb5dk7r. Federal spending on the detention of nonviolent undocu-
Delaware is one of at least a dozen states trying to cope mented immigrants increased from $1.8 billion in fiscal 2010
with prison overcrowding and understaffing. to $3.1 billion in 2018, according to a pro-immigration group.

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.”

www.cqresearcher.com Oct. 19, 2018 895


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