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Some Legal Considerations in Prison Privatization (From Privatization and the Provision of Correctional Services: Context and Consequences, P 31-60, 1996, G. Larry Mays and Tara Gray, eds. - See NCJ-167497)

NCJ Number
R D Chaires; S A Lentz
Date Published
30 pages
This article contains an overview of the decision to privatize and why legal issues occur, analysis of liability issues that most often arise in prison privatization, and suggestions to avert such legal actions.
Liability issues that most often arise in prison privatization fall into three major areas: (1) Inmate Rights: issues surrounding state liability for violation of inmate rights by a private vendor; (2) Commercial Liability: issues surrounding state liability for tortious acts and contractual liabilities committed or incurred by a private vendor against a third (non-inmate) party; and (3) Contractual Liability: issues surrounding the formation, interpretation, enforcement, and resolution of the contract relationship between a private vendor and the state. A checklist of areas most susceptible to legal challenges and what might be done to avert such legal actions includes: Policy Statement; Financing Statement; Physical Facility; Services; Compensation; Term and Renewal; Performance and Indemnification; Insurance; Monitoring Compliance; and The Employment Relationship. Notes