NCJ Number
128226
Date Published
1989
Length
3 pages
Annotation
Three key issues and research relevant to the private operation of a correctional facility are highlighted.
Abstract
The three main categories of issues related to the private management of prisons are legal concerns, economic issues, and operational considerations. The legal concerns focus on determining whether contracting out the operation of a prison is an appropriate delegation of governmental powers. Most experts agree that, where statutory authority exists, there are no legal or constitutional grounds to prevent delegating prison operations to private companies. A related matter is the liability of the Government, the private company, and all employees for misconduct or operational dereliction. The economic issues relate to Government costs and private company profits. Operational considerations are more varied and specific such as the use of force by private officers or the effect of labor disputes or strikes in a private prison. Three research projects evaluating private prisons are briefly discussed. The future of private prisons is considered, and a list of measures that a jurisdiction should consider when thinking of privatization of its correctional facility is provided.