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April 10, 2018

Looking into the modern state of the private prison industry in the states

The New York Times has this new extended article on the private prison industry as it operates in the states under the headline "Escapes, Riots and Beatings. But States Can’t Seem to Ditch Private Prisons." Here are excerpts:

In Arizona in 2015, a riot broke out in a private prison where previously three inmates had escaped and murdered a vacationing couple. After order was restored, the state revoked the contract of Management & Training Corporation and hired another private prison firm, the GEO Group.

Three years earlier, the GEO Group had surrendered its contract to run a Mississippi prison after a federal judge ruled that the inmates had not been protected from gang violence. The replacement: Management & Training Corporation.

The staying power of the two companies shows how private prisons maintain their hold on the nation’s criminal justice system despite large-scale failures.  The field is dominated by a handful of companies who have swallowed the competition and entrenched their positions through aggressive lawyering, intricate financial arrangements and in some cases, according to lawsuits by the Mississippi attorney general, bribery and kickbacks....

Private prison companies can be found at every level of government, housing 9 percent of the nation’s prisoners.  They emerged in the 1980s, when the number of inmates was quickly outstripping capacity, and they have an outsize influence in certain states, including Arizona, Florida, Hawaii, Mississippi and New Mexico.

Despite hundreds of lawsuits, findings that private prisons save taxpayers little to no money, and evidence of repeated constitutional violations, the number of privately housed inmates has risen faster since 2000 than the overall number of prisoners.  In 2016, the number rose by about 1.5 percent, according to Justice Department figures....

Even states that have sworn off private prisons, or tried to cut back on their use, have found it difficult to extricate themselves.  After the prisoners escaped in Arizona, the state tried to reduce the number of inmates held in that prison. But MTC claimed the state was violating its contract, which guaranteed a certain number of beds would be filled. Arizona had to pay the company $3 million. MTC still operates a facility in the state.

States that use private prisons can find themselves limited to a few big players. The largest are GEO Group, based in Florida; CoreCivic (formerly Corrections Corporation of America), based in Tennessee; and MTC, based in Utah. Two of the past four directors of the Federal Bureau of Prisons were later hired by CoreCivic.... The companies employ a variety of strategies, including hiring former corrections officials in high-level positions and giving what are sometimes enormous campaign contributions. GEO Group and CoreCivic gave close to half a million dollars to support Mr. Trump’s candidacy and inauguration. After he was elected, their stock prices soared.

Industry officials say they provide cost-effective ways to house inmates, and that they continue to expand into rehabilitation programs as more states seek alternatives to prison. CoreCivic says about 10,000 people in its facilities have obtained high school equivalency diplomas in the past five years, reflecting the company’s efforts to improve the ability of inmates to re-enter society.  But some lawmakers say the claims of cost savings and other benefits do not check out. “There is no convincing argument of why we should have private prisons,” said Mike Fasano, a former Republican state senator from Pasco County, Fla., who voted against a 2012 measure to privatize much of Florida’s prison system....

Much of the industry’s power, critics say, is linked to campaign donations. GEO Group and CoreCivic have given nearly $9 million over the past fifteen years to state candidates and parties across the United States, with the overwhelming majority to Republicans, according to the National Institute on Money in State Politics.  The two companies have also spent between $3 million and $4 million annually on lobbying, according to data from the institute and from the nonprofit Center for Responsive Politics.  Steve Owen, a CoreCivic spokesman, said the magnitude of lobbying and campaign contributions was not unusual for an industry of its size.

The industry also promises savings.  But such claims have been disputed, partly because many contracts allow the private prisons to cherry-pick the healthiest inmates while leaving those who need more care to publicly run facilities, making private prisons appear to be cheaper to run, critics say.  The Justice Department’s inspector general concluded in 2016 that it could not accurately compare costs, partly because of “the different nature of the inmate populations and programs offered in those facilities.”

The department ordered a phasing-out of private facilities that year, saying they “compare poorly” with government prisons and citing a lack of substantial cost savings. One month after Mr. Trump’s inauguration, the department rescinded the decision....

In some communities, private prisons have become such large taxpayers and employers that backers have forecast economic doom in arguing against their closing. Perhaps no town is now as dependent as Eloy, Ariz., where four private prisons pay $2 million of the town’s $12.5 million annual operating budget, according to the city manager, Harvey Krauss.

Last week the NY Times had this other article looking at private prison realities under the headline "Inside a Private Prison: Blood, Suicide and Poorly Paid Guards."

April 10, 2018 at 09:13 AM | Permalink

Comments

Interesting discussion last night on the CSPAN Landmark Cases series ... Katz v. U.S. ... including video of one of the attorneys involved.

see also: http://www.mcgeorge.edu/Documents/Publications/06_Schneider_Master1MLR40.pdf

Posted by: Joe | Apr 10, 2018 11:42:31 AM

And GEO used to be Wackenhut. They changed their name after bad publicity from deaths in juvenile facilities.

Posted by: defendergirl | Apr 10, 2018 2:02:59 PM

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