NCJ Number
129548
Date Published
1987
Length
18 pages
Annotation
This report provides background information to support the recommendation of the American Bar Association that jurisdictions considering privatization of their prisons must first resolve the related constitutional, statutory, and contractual issues.
Abstract
Among the purported benefits of prison privatization, in which the total operation of a facility is contracted to a private company, are cost effectiveness, increased flexibility, a partial solution to prison overcrowding, and reduced government liability in civil lawsuits. The two major constitutional objections to the notion involve the question of State action and delegation. The authors contend that all three tests that determine State action -- the public function test, the closed nexus test, and the State-compulsion test -- are satisfied. Whether or not privatization would be held invalid under the doctrine of non-delegation is more debatable. Some of the other issues revolving around the privatization debate include prison standards, security, discipline, and financial arrangements. At the heart of the debate lies the as-yet unanswered question of whether it is desirable for government to delegate to the private sector one of its most basic responsibilities. 41 notes