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Privatization and Flexibility: Legal and Practical Aspects of Interjurisdictional Transfer of Prisoners

NCJ Number
196605
Journal
Prison Journal Volume: 82 Issue: 3 Dated: September 2002 Pages: 386-407
Author(s)
David Shichor; Dale K. Sechrest
Editor(s)
Rosemary L. Gido
Date Published
2002
Length
22 pages
Annotation
This article reviews some of the legal and practical issues involved with the policies of private corrections companies in their transfer of prisoners, and looks into some of the recent cases of interjurisdictional transfers and their implications for prisoners, their families, government authorities, monitors, and host communities.
Abstract
This article discusses the issue of privatization of prisons and jails in order to achieve maximum efficiency in filling beds to ensure profits. It has been found that prisoners will be transferred from one jurisdiction to another more often than is done by public agencies, often occurring without the knowledge or agreement of government authorities, local officials, and citizens. There is no specific legislation that prohibits or enables the transfer of inmates to or between privately managed correctional institutions, however, the ultimate responsibility for the safety and rights of prisoners lies with the originating government authorities. Lawsuits have been filed by families of prisoners who were murdered in private facilities. It has been found, also, that contractors make multiple pickups and deliveries and employ unorganized, poorly trained, and relatively underpaid labor for transportation of convicts. In conclusion, it was found that the interjurisdictional transfer of inmates by private companies, preoccupied with management issues rather than with the issues of punishment, crime control, or reduction of recidivism, create serious implications that do not appear to be a high priority for either the sending authorities or for the receiving institutions. Notes, references