Introduction
Detaining individuals at the federal and state levels remains one of the most expensive ventures in the country.
The increased government spending has opened a new window for the emergence of for-profit organizations.
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The federal and state governments are looking to outsource to private facilities that offer similar services at an affordable price.
Thesis
For-profit incarceration facilities have emerged due to the high incarceration rate and the high cost of managing prisoners. Although they have managed to reduce government spending on prisoners and increase efficiency, private facilities are criticized for their lack of accountability, transparency, and legality.
Definition of For-Profit Facilities and Statistics
When defining these facilities, two aspects are usually considered. First, it can involve transferring services provided at a public facility to a privately owned organization.
Secondly, for-profit organizations are contracted to design, construct, and manage the operation of a prison facility (Chambliss, 2011).
These organizations aim to achieve a net profit from their operations. According to Gaes (2019), private organizations manage approximately 8.4% and 5.4% of the prison and jail population, respectively.
In 2016, the Bureau of Justice Statistics (BJS) conducted a study that found that about 123,323 prisoners are held in private facilities. Between 2000 and 2016, the number of prisoners held in these facilities has increased by about 42% (Gaes, 2019).
Currently, the state of New Mexico boasts of the largest number of privately owned facilities at about 43.1%. Other states with a considerable number of for-profit organizations include Montana, Tennessee, Oklahoma, and Hawaii (Gaes, 2019).
Factors Contributing to Privatization
As illustrated by Kim and Price (2012), "The nation's economic downturn over the past ten years, coupled by the discrepancy between the demand and supply of additional space, led many states to consider prison privatization" (p.256).
Most states that have privatized prison facilities believe that these services are cost-effective, superior quality, and better alternative than the publicly funded prisons.
. A majority of the conservatives support prison privatization.
However, most liberals have shown opposition to the trend (Kim & Price, 2012). Therefore, privatization of facilities remains a controversial issue in America's political dispensation.
Benefits of the For-Profit Privatization
Public-Private Partnerships
As summarized by Kim and Price (2012), "Public-private partnerships in the correctional system allow state governments to manage their largest prison populations and to create market opportunities for no extra per capita correctional cost to taxpayers" (p.258).
Cost Savings
Research has shown that labor costs in these prison facilities account for up to two-thirds of the entire operating cost (Chambliss, 2011).
Cost savings have also been experienced in construction and the provision of necessary goods and services.
Efficiency and Effectiveness
The for-profit nature of the companies enables them to invest in the process of innovation.
Their existence alone creates an atmosphere of competition hence allowing correctional facilities to provide their best.
Since the organization's profitability depends on how these prisons operate, for-profit facilities are mandated to perform well.
The Solution to the Problem of Overcrowding
Despite their quest for profits, private facilities have provided an alternative where many offenders can be incarcerated. Overcrowding in these facilities carries immense health risks, especially in the case of contagious illnesses.
Arguments against For-profit Organizations
Lack of Transparency and Accountability
Research has shown that private institutions are less transparent and accountable for their affairs. In justifying these, the authors say, “Private agencies that are providing public goods tend to utilize confidentiality clauses as an attempt to hide information that should be shared with the government and public, which in turn reduces transparency and dampens accountability” (Headley & Garcia-Zamor, 2014 p.26).
The lack of accountability and transparency provides an avenue for the violation of inmates' eighth amendment rights (Waks, 2012).
The legality of the Issue
Critics believe that the sentencing and execution of criminal procedures is an inherent role of the state or government.
Delegating the power to private entities for profit reasons raises significant legal queries in the US and other democratic constituted government (Pavić, 2016). However, legislators and private entities have done little to challenge this development since its inception.
Racial Disparities
Like their public counterparts, private entities have continued with the trend of over-representing the people of color, especially African Americans.
Despite making a paltry 13% of the population, blacks constitute 40% of America's prison population (Chambliss, 2011). in the private sector.
Restatement of Thesis
For-profit incarceration facilities have emerged due to the high incarceration rate and the high cost of managing prisoners. Although they have managed to reduce government spending on prisoners and increase efficiency, private facilities are criticized for their lack of accountability, transparency, and legality.
Conclusion
The American prison population has continued to increase over the last few decades. Currently, the US is the country in the world with the largest number of inmates. The high cost of incarceration has led to the emergence of for-profit corporations to assist the government at a reduced price.
References
Gaes, G. G. (2019). Current status of prison privatization research on American prisons and jails. Criminology & Public Policy , 18 (2), 269-293.
Headley, A., & Garcia-Zamor, J. C. (2014). The privatization of prisons and its impact on transparency and accountability in relation to maladministration. International Journal of Humanities, Social Sciences, and Education , 1 (8), 23-34.
Kim, Y., & Price, B. E. (2012). Revisiting Prison Privatization. Administration & Society, 46(3), 255–275. doi:10.1177/0095399712451897
McNamara, T., Descubes, I. & Claasen, C. (2017). Private Prisons in the United States: Profit, but at What Cost? https://www.researchgate.net/publication/319036574_Private_Prisons_in_the_United_States_Profit_but_at_what_Cost
Pavić, I. (2016). Perspectives of Prison Privatization as a Solution to the Prison System Crisis in Croatia. European Journal of multidisciplinary studies , 1 (6), 186-198.
Waks, A. L. (2012). Federal incarceration by contract in a Post-Minneci world: Legislation to equalize the constitutional rights of prisoners. U. Mich. JL Reform , 46 , 1065.
