
Private Jails: Prisons for Fun and Profit
by Peri Pakroo
From the Nolo.com Criminal Law Center
We all know there's trouble with prisons run by
the government, but are private prisons the answer?
Another incident of brutality captured on videotape has sparked an investigation
against a Texas prison and a lawsuit against the county that contracted
with it. A video surfaced depicting guards brutalizing inmates at the
Brazoria County Detention Center who had been recently transferred from
overcrowded prisons in Missouri. The detention center is owned and managed
by a for-profit corporation, Capital Correctional Resources, Inc. (CCRI)
under contract with Brazoria County. The video, which had been taped during
a routine drug search, showed guards kicking the inmates, forcing them
to crawl on the floor, sicking guard dogs on them and prodding a prisoner's
buttocks with a stun gun.
The FBI has launched an investigation into alleged civil rights violations
stemming from the incident, as well as other allegations of abuses at
other facilities CCRI owns. Since the video came to light, it has been
revealed that a number of guards and wardens at state-run and private
prisons in Texas -- including a guard involved in the Brazoria incident
-- were previously punished for abusing inmates under their charges. The
state of Missouri has sued Brazoria County for failing to cooperate in
Missouri's investigation of the alleged abuse. Missouri and other states
have begun transferring hundreds of prisoners back to their own prisons
in response to the incident. It was surely of small comfort to the abused
prisoners to learn that the video, shot by a sheriff's deputy, had been
made into a training program as an example for guards of "what not
to do" during a prison uprising.
Who Runs This Place, Anyway?
Outrage and disgust at the video were quickly eclipsed by an intense round
of finger-pointing and blame-dodging. Some say that CCRI was too lax in
screening its applicants, others accuse Brazoria County of not adequately
monitoring CCRI, while still others characterize the event as an isolated
incident. Whatever findings the investigation yields as to the specific
causes that led to the abuses, it's clear that our prison system has more
troubles than just a few unruly guards. Overcrowding is a particularly nagging
and chronic problem, as it was in Missouri when it contracted to "rent"
the extra prison beds in Brazoria County.
Another, more controversial response to the problem of overcrowding is
the emergence of private, for-profit prisons. Many people are surprised
to learn that a great number of prisons in this country are not run by
the state, but are owned and operated by private companies under contract
from federal, state or local governments. Indeed, as demand for more prison
space grows, the corrections business has become a hot new growth industry.
From secure mental health facilities to INS deportation centers to maximum
security prisons, correctional facilities are being constructed, maintained
and managed by private firms. These companies are generally paid a set
amount per day, per prisoner from the government agency that would otherwise
be running the prison. Many also sell shares of stock to the public. Wackenhut
and the Corrections Corporation of America (CCA) are two of the biggest
players, with over 30 detention centers between the two. There are plenty
of smaller companies in on the action as well, including CCRI, the corporation
that owns the Brazoria facility.
Manipulating a Captive Market
The companies engaged in the prison business recognize the need in countless
areas for more and better prisons. And they make a simple claim: they can
do the job cheaper and better than the state. Judging from the profits these
companies make, their claims of efficiency may be warranted.
But critics of the burgeoning private prison system argue that efficiency
isn't the issue. While private prisons may be able to turn a profit, they
can only do so by keeping their jails full -- an incentive that may be
unfair to the prisoners. For example, many suspect that inmates in private
prisons have a harder time earning "good time" points that would
shorten their sentences. And some accuse private prisons of neglecting
efforts to rehabilitate inmates, since the prisons earn more when released
prisoners become repeat offenders. The per-prisoner pay structure raises
a serious question as to whether private prisons are in society's best
interest.
While federal, state and county officials do oversee private prisons
to ensure that they comply with local laws and regulations, and the state
and federal Constitution, this oversight does not prevent all abuses,
as the incident in Brazoria County shows. And as more companies, governments,
contracts and agreements become involved in incarcerating prisoners, it
becomes harder to pin down responsibility for abuses and civil rights
violations.
Propriety vs. Profit
Finally, to many people, the idea of private prisons is simply repugnant
in itself. Like the profitable funeral business, the business of prison
management is seen by many as just plain gauche. Rational or not, their
senses of propriety recoil at unabashed profiteering from such unhappy situations
as death or imprisonment.
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