Prison Privatization - a setback
It’s very encouraging to see a setback for prison
privatization. The entire premise of
having a law enforcement/judicial function handed off to private companies - not
responsive to voters through oversight or the vote - seems dubious.
While it is in place, anywhere it is in place or planned, citizens
should be applying extensive due diligence. Transparency of the process and ongoing
management is essential. It would be
ironic indeed for those who favor private business as managers of prison facilities to avoid and reject due diligence efforts that would be common in a
business enterprise. A few questions at
least:
1. Who will be
invited to bid - what are the criteria to be qualified as a provider?
2 Who makes up the
group that recommends, decides? How will the purchase or lease price be determined? For what term
will the contract be?
3. Will it be
automatically renewed, or renegotiated? What performance parameters will be in the contract?
4. Is there a
provision to cancel if performance falls short?
Who makes the call?
5. How will a state
be sure that the contracted company follows criminal justice standards and
other statutory provisions? Will they be prevented from cherry picking less costly prison inmates?
6. What is the
process for performance review and how often will it occur?
7. What will be the consequences of administrative problems
(for example, high turnover of guards)?
8. How will the state monitor changes in prisoner management
- e.g., how will we be sure that
longer cell confinement is not used to compensate for reduced staff?
9. What role will the Attorney General have in oversight of
the deal and the ensuing performance?
What kind of judicial review will be applied to the administration of prisons, how often and by whom?
10. What legal obligations will the contractor undertake if
sued for malfeasance in management
of inmates during prison term? Will the State have to
participate in and/or fund any legal expenses?