{"id":355724,"date":"2016-04-04T10:42:00","date_gmt":"2016-04-04T15:42:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civilrights\/other-constitutional-rights\/private-jails-in-the-united-states.html"},"modified":"2024-03-26T15:46:25","modified_gmt":"2024-03-26T20:46:25","slug":"private-jails-in-the-united-states","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/other-constitutional-rights\/private-jails-in-the-united-states.html","title":{"rendered":"Private Jails in the United States"},"content":{"rendered":"\n
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Private Jails in the United States<\/h1>\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Over the years, there has been an undeniable increase in mass incarceration. Sources such as The Sentencing Project<\/a> report an estimate of 2 million people incarcerated at this moment.<\/span><\/p>\r\n

Private jails, state prisons, and detention centers have a long history in the United States. Their history stretches back to 1852, when San Quentin<\/a> was the first for-profit prison in the U.S., long before it was state-owned.<\/p>\r\n

A resurgence in the private prison industry came in the 1980s. This was a result of widespread privatization. Before the 1980s, few prison services had been privatized. Federal and state authorities still held overall management.<\/p>\r\n

Read on to explore the past, present, and future of private jails in the United States.<\/p>\r\n

Why Private Jails Became an Attractive Option<\/h2>\r\n

Several different factors led to the rise of private jails, led by an overall privatization push by President Reagan.<\/a><\/p>\r\n

Prison populations soared during the so-called "war on drugs<\/a>." Prison overcrowding and rising costs became a contentious political issue. Private businesses stepped in to offer a solution. Policymakers agreed, and the era of privately-run U.S. prisons began.<\/p>\r\n

Private prisons promised increased and cost-effective efficiency. This would result in cost savings and a decrease in the amount that the government would have to spend on the prison system. At the same time, prisons could still provide the same service. <\/p>\r\n

It was also theorized that private prisons would be held more accountable. This theory existed since private prisons could be fined or fired, while traditional prisons could not.<\/p>\r\n

It was reported in the summary of a Department of Justice-funded study that<\/a> owners of private property do not need licenses from state correctional agencies to build and operate detention facilities and, until recently, most state legislatures have not established regulatory systems for the states of localities to govern private prison operations.<\/p>\r\n

Major Players in the Private Jail Business<\/h2>\r\n

Private prison companies, unlike public prisons, are big businesses. They have annual budgets in the billions. There are several large players in the private prison business. One example is Corrections Corporation of America, the GEO Group. They were formerly known as Wackenhut Securities.<\/p>\r\n

Corrections Corporation of America alone owns more than 65 correctional facilities. It houses over 100,000 inmates.<\/p>\r\n

The Benefits of Private Jails<\/h2>\r\n

The benefits provided by private jails do not match the rhetoric that came with them in the 1980s. There have been a few benefits associated with turning control of prisons over to private companies.<\/p>\r\n

One such example was found in a study conducted by James Blumstein, director of the Health Policy Center at the Vanderbilt Institute for Public Policy Studies. The study found that states that used private prisons could save up to $15 million per year.<\/a><\/p>\r\n

Another example comes from the U.S. Department of Justice’s <\/a>National Institute of Justice. It found that private prisons had a higher quality of services than traditional prisons.<\/p>\r\n

The Criticisms of Private Jails<\/h2>\r\n

One of the most perverse incentives in the private prison system is that the more prisoners a company houses, the more it gets paid. This leads to a conflict of interest<\/a> as private prisons are incentivized to not rehabilitate prisoners. If private prisons work to reduce the number of repeat offenders, they reduce the supply of profit-producing inmates.<\/p>\r\n

While some studies have demonstrated that prison privatization may save federal governments money, other studies have found the opposite. Proponents of privatized prisons maintain that they are cost-effective for the state. <\/p>\r\n

An early research study by the Reason Public Policy Institute claimed 10%-15% savings over traditional prison systems. However, a study by the US Bureau of Justice Statistics found no such cost-savings when it compared public and private prisons. Other data has produced inconclusive results.<\/p>\r\n

Potential Alternatives To Private Incarceration<\/h2>\r\n

When someone breaks the law, the usual response is to send them to jail. There are questions about whether this is the best way to deal with crime. There’s been discussion about private jails, where companies make money from keeping people locked up. Some worry that this focus on profit might not be good for the people in jail or society as a whole.<\/p>\r\n

People are looking for other ways to deal with crime that might be more fair. By looking at private incarceration alternatives, we can learn more about how to make our justice system better for everyone.<\/p>\r\n

Community-Based Rehabilitation Programs<\/h3>\r\n

Community-based rehabilitation programs focus on addressing the root causes of criminal behavior and providing support services to help individuals reintegrate into society. <\/p>\r\n

These programs may include:
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