BANKING ON BONDAGE
Private Prisons and Mass Incarceration

NOVEMBER 2011

BANKING ON BONDAGE
Private Prisons and Mass Incarceration

AMERICAN CIVIL LIBERTIES UNION
125 Broad Street, 19th Floor
New York, NY 10004
www.aclu.org
Because Freedom Can’t Protect Itself

BANKING ON BONDAGE:
Private Prisons and Mass Incarceration
November 2, 2011

AMERICAN CIVIL LIBERTIES UNION
125 Broad Street, 19th Floor
New York, NY 10004
www.aclu.org

ACKNOWLEDGEMENTS
This report has been a project of the ACLU National Prison Project and Center for Justice and was authored
by David Shapiro (Staff Attorney, National Prison Project). First and foremost, the author would like to
thank Mike Tartaglia (Paralegal, National Prison Project) for his many contributions to the report, and David
Fathi (Director, National Prison Project) and Vanita Gupta (ACLU Deputy Legal Director) for their support of
the project. Numerous individuals generously reviewed drafts or otherwise contributed their wisdom and
insight, including Anjali Abraham, Rachel Bloom, Mike Brickner, Inimai Chettiar, Scott Crichton, Shakyra
Diaz, Terence Dougherty, Marjorie Esman, Alex Friedmann, Jennifer Giuttari, Lisa Graybill, Judy Greene,
Rachel Jordan, Bob Libal, Victoria Lopez, Will Matthews, Rachel Myers, Nila Natarajan, Stephen Pevar,
Daniel Pochoda, Judy Rabinovitz, Chris Rickerd, Tom Stenson, Willa Tracosas, Jennifer Wedekind, Margaret
Winter, and Paul Wright.

Cover Image: Steve McAlister/Photographer’s Choice/Getty Images

TABLE OF CONTENTS
EXECUTIVE SUMMARY...........................................................................................5
PART I: THE PRIVATE PRISON EXPLOSION.............................................................9
Early Experiments in For-Profit Imprisonment...................................................................... 10
The Exponential Growth of Private Prisons............................................................................ 10
Enormous Profits for the Private Prison Industry.................................................................. 13
Private Prisons, Mass Incarceration, and the American
Legislative Exchange Council.................................................................................................. 14
Immigration Detention and Private Prison Expansion............................................................ 16

PART II: THE FALSE PROMISE OF PRIVATE PRISONS.............................................18
Supposed Cost Savings............................................................................................................ 19
Scant Economic Benefit for Local Communities.................................................................... 20
Limited Incentives to Curb Recidivism and Prison Violence . ................................................ 23

PART III: THE PRIVATE PRISON PITCH...................................................................32
Questionable Financial Incentives........................................................................................... 32
The Revolving Door Between Public and Private Corrections................................................ 36
The Private Prison Lobby......................................................................................................... 38
Campaign Contributions.......................................................................................................... 39
Control of Information............................................................................................................. 40

CONCLUSION.........................................................................................................42
ENDNOTES.............................................................................................................43

EXECUTIVE SUMMARY
The imprisonment of human beings at record levels is both a moral failure and an economic
one—especially at a time when more and more Americans are struggling to make ends meet
and when state governments confront enormous fiscal crises. This report finds, however, that
mass incarceration provides a gigantic windfall for one special interest group—the private
prison industry—even as current incarceration levels harm the country as a whole. While
the nation’s unprecedented rate of imprisonment deprives individuals of freedom, wrests
loved ones from their families, and drains the resources of governments, communities, and
taxpayers, the private prison industry reaps lucrative rewards. As the public good suffers from
mass incarceration, private prison companies obtain more and more government dollars, and
private prison executives at the leading companies rake in enormous compensation packages,
in some cases totaling millions of dollars.

The Spoils of Mass Incarceration
The United States imprisons more people—both per capita and in absolute terms—than any other
nation in the world, including Russia, China, and Iran.1 Over the past four decades, imprisonment in
the United States has increased explosively, spurred by criminal laws that impose steep sentences
and curtail the opportunity to earn probation and parole.2 The current incarceration rate deprives
record numbers of individuals of their liberty, disproportionately affects people of color, and has
at best a minimal effect on public safety.3 Meanwhile, the crippling cost of imprisoning increasing
numbers of Americans saddles government budgets with rising debt and exacerbates the current
fiscal crises confronting states across the nation.4
Leading private prison companies essentially admit that their business model depends on high
rates of incarceration. For example, in a 2010 Annual Report filed with the Securities and Exchange
Commission, Corrections Corporation of America (CCA), the largest private prison company,
stated: “The demand for our facilities and services could be adversely affected by . . . leniency in
conviction or parole standards and sentencing practices . . . .”5
As incarceration rates skyrocket, the private prison industry expands at exponential rates, holding
ever more people in its prisons and jails, and generating massive profits. Private prisons for
adults were virtually non-existent until the early 1980s, but the number of prisoners in private
prisons increased by approximately 1600% between 1990 and 2009.6 Today, for-profit companies
are responsible for approximately 6% of state prisoners, 16% of federal prisoners, and, according
to one report, nearly half of all immigrants detained by the federal government.7 In 2010, the two
largest private prison companies alone received nearly $3 billion dollars in revenue, and their top
executives, according to one source, each received annual compensation packages worth well
over $3 million.8

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A Danger to State Finances
While supporters of privatization tout the idea that governments can save money through private
facilities, the evidence for supposed cost savings is mixed at best.9 As state governments across
the nation confront deep fiscal deficits, the assertion that private prisons demonstrably reduce
the costs of incarceration can be dangerous and irresponsible. Such claims may lure states into
building private prisons or privatizing existing ones rather than reducing incarceration rates and
limiting corrections spending through serious criminal justice reform.
This year, advocates of for-profit prisons trotted out privatization schemes as a supposed answer
to budgetary woes in numerous states:
	 Arizona has announced plans to award 5,000 additional prison beds to private

contractors,10 despite a recent statement by the Arizona Auditor General that forprofit imprisonment in Arizona may cost more than incarceration in publicly-operated
facilities.11 Arizona’s Department of Corrections is the only large agency in that state
not subject to a budget cut in fiscal year 2012—in fact, the Department’s budget
increased by $10 million.12 According to a news report, private prison employees and
corporate officers contributed money to Governor Jan Brewer’s reelection campaign,
and high ranking Brewer Administration officials previously worked as private prison
lobbyists.13
	 Florida has responded to exploding incarceration costs largely through increasing

reliance on private prisons.14 Although the assertion that private prisons save taxpayer
money is highly questionable, supporters of privatization, according to a recent news
report, claim that privatization in Florida is necessary to rein in the prison system’s
budget, which stood at $2.3 billion in 2010.15 A recent editorial in the Orlando Sentinel
expressed the view that privatization “has eclipsed and shelved potentially more
fruitful, cost-effective changes. One of them is sentencing reform.”16 On September
30, 2011, a Florida court enjoined the Department of Corrections from implementing
the privatization of prisons in 18 counties, finding that the planned privatization failed
to comply with procedures mandated by state law.17 The court stated, “[t]he decision to
issue only one [request for proposal] and only one contract for all 29 prison facilities
[subject to proposed privatization] was based on convenience and speed, … rather than
on any demonstrated savings or benefit advantage.”18
	 Ohio recently announced that it will become, on December 31, 2011, the first state in

the nation to sell a publicly operated prison, Lake Erie Correctional Facility, to a private
company, CCA.19 Notably, the head of Ohio’s corrections department had served as a
managing director of CCA.20 The claim that prison privatization demonstrably reduces
costs and trims government budgets may detract from the critical work of reducing
the state’s prison population.21

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	 Louisiana narrowly defeated a proposal, pushed by Governor Bobby Jindal in a

desperate attempt to generate short-term revenue, to sell off three state prisons
to private companies.22 The Louisiana House Appropriations Committee blocked the
bill by a vote of 13-12, with legislators expressing deep concern about the wisdom of
selling off the state’s assets.23
	 The federal government is in the midst of a private prison expansion spree, driven

primarily by Immigration and Customs Enforcement (ICE), an agency that locks up
roughly 400,000 immigrants each year and spends over $1.9 billion annually on custody
operations.24 ICE now intends to create a new network of massive immigration detention
centers, managed largely by private companies, in states including New Jersey, Texas,
Florida, California and Illinois.25 According to a news report, in August 2011, ICE’s
plans to send 1,250 immigration detainees to Essex County, New Jersey threatened to
unravel amid allegations that a private prison company seeking the contract, whose
executives enjoyed close ties to Governor Chris Christie, received “special treatment”
from the county.26 The fiscal crisis confronting the federal government, however, has
done nothing to dampen Washington’s spending binge on privatized immigration
detention.

Atrocious Conditions
While evidence is mixed, certain empirical studies show a heightened level of violence against
prisoners in private institutions. This may reflect in part the higher rate of staff turnover in private
prisons, which can result in inexperienced guards walking the tiers.27 After an infamous escape
from an Arizona private prison in 2010, for example, the Arizona Department of Corrections
reported that at the prison, “[s]taff are fairly ‘green’ across all shifts,” “are not proficient with
weapons,” and habitually ignore sounding alarms.28 Private facilities have also been linked to
atrocious conditions. In a juvenile facility in Texas, for example, auditors reported, “[c]ells were
filthy, smelled of feces and urine.”29
Just three weeks before the release of this report, prisoner fights in several locations throughout
a private prison in Oklahoma left 46 prisoners injured and required 16 inmates to be sent to the
hospital, some of them in critical condition.30 The risks to safety confronting inmates in private
prisons are especially relevant at present, as the U.S. Supreme Court considers a case that
could, depending on the outcome, prevent federal prisoners in private institutions from seeking
compensation for constitutional violations—including deliberate indifference to prisoners’
physical well being.31

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Shrewd Tactics
Certain private prison companies employ shrewd tactics to obtain more and more government
contracts to incarcerate prisoners. In February 2011, for example, a jury convicted former
Luzerene County, Pennsylvania Judge Mark Ciavarella of racketeering, racketeering conspiracy,
and money laundering conspiracy in connection with payments received from a private prison
developer.32 Tactics employed by some private prison companies, or individuals associated with
the private prison industry, to gain influence or acquire more contracts or inmates include: use
of questionable financial incentives; benefitting from the “revolving door” between public and
private corrections; extensive lobbying; lavish campaign contributions; and efforts to control
information.33

****
Part One of this Report traces the rise of the for-profit prison industry over the past 30 years,
demonstrating that private prisons reaped lucrative spoils as incarceration rates reached historic
levels. Part Two focuses on the supposed benefits associated with private prisons, showing that
the view that private prison companies provide demonstrable economic benefits and humane
facilities is debatable at best. Part Three discusses the tactics private prison companies have
used to obtain control of more and more human beings and taxpayer dollars.
The time to halt the expansion of for-profit incarceration is now. The evidence that private prisons
provide savings compared to publicly operated facilities is highly questionable, and certain studies
point to worse conditions in for-profit facilities. The private prison industry helped to create the
mass incarceration crisis and feeds off of this social ill. Private prisons cannot be part of the
solution—economic or ethical—to the problem of mass incarceration.

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PART I:
THE PRIVATE PRISON EXPLOSION
Mass incarceration strains state budgets and deprives individuals of liberty in record numbers.
But the social ill of mass incarceration is a bonanza for the private prison industry, which has
extracted more and more taxpayer dollars from state budgets as governments dispatch prisoners
to private facilities in ever-increasing numbers.
This chapter chronicles the rapid ascent of the private prison industry over the past 30 years—a
development that went hand-in-hand with explosive growth in incarceration rates. Although
various forms of correctional privatization had existed in earlier centuries, for-profit incarceration
seemed destined for extinction—until, beginning in the 1980s, private prisons suddenly reemerged
and proliferated with breathtaking speed.
Today, private companies imprison roughly 130,000 prisoners34 and, according to one group,
16,000 civil immigration detainees in the United States at any given time.35 As states send more
and more people to prison, they funnel ever greater amounts of taxpayer money to private prison
operators. By 2010, annual revenues of the two top private prison companies alone stood at nearly
$3 billion.36

Terminology Used in This Report
The terms “private prison operator” and “private prison company” are used to describe companies
that own and/or operate for-profit facilities that incarcerate people—including facilities such as
prisons, jails, and immigration detention centers.
The term “private prison industry” is a somewhat broader category. In addition to private prison
operators and private prison companies, “the private prison industry” may also include other
companies or individuals that profit from private prisons, such as companies that provide
consulting services in connection with private prison construction.
A statement in this report that private prison companies, private prison operators, or the private
prison industry made a certain claim, engaged in a certain practice, or exhibited a certain feature
is not meant to imply that the same statement applies to all private prison companies or operators,
or that all members of the private prison industry did the same.

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Early Experiments in For-Profit Imprisonment
Early forms of prison privatization yielded horrific results. In eighteenth-century England, private
“keepers” ran prisons, making their living by extracting lodging fees from those they incarcerated
—and by operating coffee shops and beer taps for affluent prisoners.37 The rich may have lived
well even behind bars, but private jailers had little stake in the well-being of poor prisoners, who
were “gouged for fees, cheated on their provisions, loaded with irons, [and] exposed to disease.”38
Fortunately, a movement to improve prison order and establish public control began to gather
force in England in the late Eighteenth Century.39
In the years following the Civil War, the United States also experimented with a form of privatization.
The convict lease system—which has been called a “substitute for slavery”40—took hold in the
South. Under this system, state and local governments managed the prisons, but prisoners were
leased out to work for private companies or individuals.41 Like the private “keepers” in England,
these contractors had little incentive to treat prisoners humanely. According to Professor Michelle
Alexander, “Death rates were shockingly high, for the private contractors had no interest in the
health and well-being of their laborers, unlike the earlier slave-owners who needed their slaves,
at minimum, to be healthy enough to survive hard labor.”42
Toward the end of the Nineteenth Century, states began to outlaw convict leasing, and Congress
forbade the leasing of federal prisoners in 1887.43 By 1900, virtually all governments around the
world had assumed responsibility for management of their own prisons.44

The Exponential Growth of Private Prisons
At the beginning of the 1980s, private prisons for adults did not exist in the United States, but recent
years have witnessed a reemergence and dramatic expansion of this form of incarceration.45 The
private prison explosion went hand-in-hand with a massive increase in incarceration rates. Since
President Richard Nixon first announced the “war on drugs” forty years ago, the United States
has adopted “tough on crime” laws that have given it the dubious distinction of having the highest
incarceration rate in the world. These laws include:
Mandatory minimum sentencing laws: Such laws impose long sentences and prevent
judges from exercising discretion to impose more lenient punishments, where
appropriate, based on the circumstances of the crime and the defendant’s individual
characteristics.
Truth in sentencing laws: Such laws sharply curtail probation and parole eligibility,
requiring inmates to remain in prison long after they have been rehabilitated.

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Three strikes laws: Such laws subject defendants convicted of three crimes to extremely
long sentences. In one case heard by the U.S. Supreme Court, a man charged with
stealing golf clubs received a sentence of 25 years to life under a three strikes law.46
Mass incarceration has further weakened depressed communities by depopulating them and
stripping even nonviolent former prisoners of opportunities to find employment and meaningfully
reenter society.47 And while public safety requires the incarceration of certain criminals, current
rates of incarceration are so anomalous that they provide little, if any, public safety benefit.48	
Between 1970 and 2005, the number of people incarcerated in the United States grew by 700%.49
Today, the United States incarcerates approximately 2.3 million people.50 According to the
Congressional Research Service, the United States has only 5% of the world’s populatin but a full
25% of its prisoners.51

Source: http://www.aclu.org/combating-mass-incarceration-facts-0

Even compared to this breathtaking rate of overall growth in incarceration, the rate of expansion
of for-profit imprisonment far outpaced the field, accounting for a disproportionate increase in
the number of people locked up. In 1980, private adult prisons did not exist on American soil, but
by 1990 private prison companies had established a firm foothold, boasting 67 for-profit facilities
and an average daily population of roughly 7,000 prisoners.52 During the next twenty years (from
1990 to 2009) the number of people incarcerated in private prisons increased by more than 1600%,
growing from approximately 7,000 to approximately 129,000 inmates.53

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Average number of prisoners in
private facilities in 1990:

NUMBER OF PRISONERS

7,771
Number of prisoners in
private facilities on December 31, 2009:

129,336
Percentage increase 1990-2009:
YEAR:	

1990	

2009

1664%

SOURCE for prisoner numbers: United States Department of Justice (Bureau of Justice Statistics)

Increasing incarceration rates fueled this massive expansion of private corrections. CCA—
the largest private prison company in the United States—admits that current sentencing laws
increase the company’s profits by swelling prison populations, whereas policies aimed at reducing
incarceration rates create financial risks for the corporation. Specifically, in a 2010 Annual Report
submitted to the Securities and Exchange Commission (SEC), CCA stated, under the heading
“Risks Related to Our Business and Industry”:
Our ability to secure new contracts to develop and manage correctional and detention
facilities depends on many factors outside our control. Our growth is generally dependent
upon our ability to obtain new contracts to develop and manage new correctional
and detention facilities. This possible growth depends on a number of factors we
cannot control, including crime rates and sentencing patterns in various jurisdictions
and acceptance of privatization. The demand for our facilities and services could be
adversely affected by the relaxation of enforcement efforts, leniency in conviction or
parole standards and sentencing practices or through the decriminalization of certain
activities that are currently proscribed by our criminal laws. For instance, any changes
with respect to drugs and controlled substances or illegal immigration could affect the
number of persons arrested, convicted, and sentenced, thereby potentially reducing
demand for correctional facilities to house them. Legislation has been proposed in
numerous jurisdictions that could lower minimum sentences for some non-violent
crimes and make more inmates eligible for early release based on good behavior.
Also, sentencing alternatives under consideration could put some offenders on
probation with electronic monitoring who would otherwise be incarcerated. Similarly,
reductions in crime rates or resources dedicated to prevent and enforce crime could
lead to reductions in arrests, convictions and sentences requiring incarceration at
correctional facilities.54

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The GEO Group, the second largest private prison operator, identified similar “Risks Related to
Our Business and Industry” in SEC filings:
Our growth depends on our ability to secure contracts to develop and manage
new correctional, detention and mental health facilities, the demand for which is
outside our control …. [A]ny changes with respect to the decriminalization of drugs
and controlled substances could affect the number of persons arrested, convicted,
sentenced and incarcerated, thereby potentially reducing demand for correctional
facilities to house them. Similarly, reductions in crime rates could lead to reductions
in arrests, convictions and sentences requiring incarceration at correctional facilities.
Immigration reform laws which are currently a focus for legislators and politicians at
the federal, state and local level also could materially adversely impact us.55

Enormous Profits for the Private Prison Industry
The incarceration explosion over the past several decades produced very few winners. Mass
imprisonment broke state budgets, tore families and communities apart, and failed to promote
public safety in any significant way.56 But as mass incarceration led to disastrous effects for the
nation as a whole, one special interest group—the private prison industry—emerged as a clear
winner. A massive transfer of taxpayer dollars to the private prison industry accompanied the
unprecedented increase in incarceration and the rapid ascent of for-profit imprisonment.
In the early 1980s, private prisons barely existed in the United States, but that decade would witness
the founding of the two companies that dominate the industry today—Corrections Corporation of
America (CCA) and the GEO Group (then called Wackenhut Corrections Corporation).57 By 2010,
annual revenues for these two companies alone had grown to nearly $3 billion.58
Government contracts (state, local, and federal) provide the dominant source of private prison
revenue.59 Therefore, these astronomical revenue figures demonstrate that private prison
companies receive massive amounts of taxpayer dollars.60
The ability of private prison companies to capture taxpayer dollars results in handsome rewards
for their top executives. According to one source, in 2010, CCA’s President and CEO received more
than $3.2 million in executive compensation, and GEO’s Chairman and CEO received nearly $3.5
millon.61

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Private Prisons, Mass Incarceration, and the American Legislative
Exchange Council
CCA, the leading private prison company, has long provided major support to, and had close ties
with, the American Legislative Exchange Council (ALEC)—an organization of state legislators that
has advocated harsh sentencing and detention laws, such as mandatory minimum sentencing
statutes. ALEC provides state legislators with model legislation, and each year, ALEC members
introduce hundreds of these model bills in statehouses across the country.62
ALEC operates by hosting lavish retreats that bring together state legislators and corporate
executives.63 Almost 2,000 state legislators belong to the organization.64 According to National
Public Radio, at ALEC annual conferences, “companies get to sit around a table and write ‘model
bills’ with the state legislators, who then take them home to their states.”65 Legislators, it has
been reported, pay nominal fees to attend the meetings ($50 for an annual membership), while
the corporate participants pay thousands of dollars in membership dues.66 As one ALEC member

Top Private Prison Companies
1.	 Corrections Corporation of America (CCA)
	
2010 Revenue: 		
$1,700,000,000
	
Prisoner Capacity: 		
90,037
	
Year Founded: 		
1983
	
Headquarters: 		
Nashville, Tennessee
	
Head:			
Damon Hininger (President and CEO)
	
Executive Compensation:	 $3,266,387 compensation package for
				
Hininger in 2010 (according to Morningstar)
	
	
2.	 The GEO Group
	
2010 Revenue:		
	
Prisoner Capacity:	 	
	
Year Founded: 		
				
	
Headquarters: 		
	
Head: 			
	
Executive Compensation:	
				

$1,269,968,000
81,000
1984 (founded as Wackenhut Corrections
Corporation)
Boca Raton, Florida
George Zoley (Chairman, CEO, Founder)
$3,484,807 compensation package for Zoley in 2010
(according to Morningstar)

Sources: CCA: 2010 Annual Letter to Shareholders; A Quarter Century of Service to America; About CCA; Morningstar, Corrections Corporation
of America, Key Executive Compensation. GEO Group: 2010 Annual Report; 2010 Letter to Shareholders; Morningstar, The GEO Group, Inc., Key
Executive Compensation.

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allegedly stated in the late 1990s: “The organization is supported
by money from the corporate sector, and, by paying to be
members, corporations are allowed the opportunity to sit down
at the table and discuss the issues that they have an interest in.”67
After ALEC meetings, legislators return to their home states with
ALEC model legislation.68
ALEC has pushed legislation that benefits private prison companies
by promoting policies that result in mass incarceration.69 In the
1990s, ALEC championed—and, according to one report by an
advocacy group, succeeded in enacting in 27 states—“truth in
sentencing” and “three strikes” legislation.70 Such laws were
certain to increase prison populations (whether public or private)
and the amount of taxpayer money funneled into prisons.
In the 1990s, ALEC’s mass incarceration legislation met with
overwhelming success. In a 1996 article entitled Getting Tough
Works: Old Strategies Are the Weapons in the New War on Crime,
a former ALEC Task Force Director boasted, “[n]ow, truth in
sentencing laws, based on an ALEC model bill, require inmates
to serve 80 to 90 percent of their sentences before becoming
eligible for parole.”71

“The demand for our
facilities and services could
be adversely affected by
… leniency in conviction
or parole standards and
sentencing practices…”
—Corrections Corporation of America,
Annual Report filed with the Securities
and Exchange Commission

“Now, truth in sentencing
laws, based on an ALEC
model bill, require inmates to
serve 80 to 90 percent of their
sentences before becoming
eligible for parole.”

While private prison companies deny taking steps to affirmatively
support legislation that promotes mass incarceration,72 and
although CCA left ALEC in 2010,73 according to a recent news
—Former ALEC Task Force Director
report, “for the past two decades, a CCA executive has been a
Michael Hotra
member of the council’s [task force that] produced more than
85 model bills and resolutions that required tougher criminal
sentencing, expanded immigration enforcement and promoted prison privatization … CCA’s
senior director of business development was the private-sector chair of the task force in the midto late 90s when it produced a series of model bills promoting tough-on-crime measures that
would send more people to prison for a longer time.”74 According to one report by a non-profit
organization, “[i]n 1999, CCA made the [ALEC] President’s List for contributions to ALEC’s States
and National Policy Summit; Wackenhut also sponsored the conference.”75
Even as ALEC has recently pushed certain piecemeal reforms for low-risk prisoners, the
organization continues to trumpet harsh mandatory minimums, stating on its website:
Each year, close to 1,000 bills, based at least in part on ALEC Model Legislation, are
introduced in the states. Of these, an average of 20 percent become law …. Since its
founding, ALEC has amassed an unmatched record of achieving ground-breaking

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changes in public policy. Policies such as mandatory minimum sentencing for violent
criminals represent just a handful of ALEC’s victories in the states.76
ALEC has not only done work that helped increase the amount of taxpayer money spent on
corrections generally but has also supported policies likely to increase the proportion of
corrections spending funneled to private corporations. In fact, the “Private Correctional Facilities
Act,” another ALEC model bill, authorized for-profit incarceration contracts between state and
local governments and private prison operators. The model act stated: “This Act would allow any
unit of government to contract with the private sector to perform services currently performed by
a corrections agency.”77 The model act further provided that a state prisoner “may be incarcerated
in a facility constructed or operated by a private entity pursuant to contract under this Act,” and
permitted contracts for the private purchase or lease of correctional facilities for periods of up
to 30 years.78 According to a report by an advocacy group, ALEC’s Criminal Justice Task Force
at one point reported that prison privatization was a “major issue” on which it was focusing,79
and according to a recent news report, “[s]tarting in the 1990s, [an] ALEC task force … produced
model bills directly promoting prison privatization. These included bills to let private prisons
house inmates from other states without permission of local governments, require privatization
of prisons and correctional services and encourage contracting for prison labor.”80

Immigration Detention and Private Prison Expansion
In recent years, private prisons have profited not only from harsh sentencing policies but also
from an unprecedented increase in the number of detained immigrants—a group incarcerated
pursuant to civil detention authority but housed in prison-like conditions. According to one group,
facilities operated by private prison companies currently house nearly 50% of the more than
30,000 immigrants detained by Immigration and Customs Enforcement (ICE) at any given time.81
Like imprisonment, immigration detention has expanded dramatically in recent years. In 1994, the
average daily population of detained immigrants stood at 6,785.82 In 1996, Congress passed the
Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA), which massively expanded
the detention of immigrants.83 Some of the statute’s provisions were aimed at noncitizens with
criminal convictions, authorizing their mandatory (and in some cases indefinite) detention. Other
provisions targeted asylum seekers, who became subject to an expedited removal process that
also mandated detention. By 2001, the number of immigrants detained at any given time had
more than tripled, to 20,429.84
Yet even that number would continue to grow, as the September 11, 2001 attacks further fueled the
reliance on immigration detention, in turn bringing new business for the private prison industry.
Just weeks after September 11, the head of a private prison company spoke with stock analysts.
According to one report submitted to the U.N. Special Rapporteur on the Rights of Migrants, he
stated:

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It is clear that since September 11 there’s a heightened focus on detention. More
people are gonna get caught. So I would say that’s positive. The federal business is the
best business for us, and September 11 is increasing that business.85
The past decade has borne out the prediction that 9/11 would
be good business for private prisons. By 2010, the average daily
population of immigration detainees stood at 31,020, more than a
50% increase over the 2001 level (and an increase of roughly 450%
over the 1994 level).86

Percentage increase in
immigration detention since
1994: 457%

Recently, ALEC leaders have been involved with discriminatory
immigration laws that carry potential benefits for private prisons.
Percentage of immigration
On April 23, 2010, Arizona Governor Jan Brewer signed into law
detainees currently in
Senate Bill 1070, a statute that requires police officers in Arizona
to ask people for their papers during law enforcement stops
private facilities: 49%
based only on an undefined “reasonable suspicion” that they are
in the country unlawfully.87 Senate Bill 1070, and similar “copycat”
SOURCES: Congressional Research Service;
Detention Watch Network
laws since enacted in several other states,88 have the potential
to further increase the number of immigrants detained, thereby
adding to pressure to build more immigration detention centers.
Russell Pearce, currently President of the Arizona State Senate
and a member of ALEC’s Public Safety and Elections Task Force, was a sponsor and moving force
behind the Arizona bill,89 and he presented the idea for the law at an ALEC meeting.90 According
to a report by National Public Radio (which is disputed by Pearce and CCA), the private prison
industry engaged in a “quiet, behind-the-scenes effort to help draft and pass Arizona Senate Bill
1070.”91
****
While mass incarceration injures the nation as a whole, private prison companies enjoy a massive
windfall, extracting ever greater amounts of taxpayer dollars from the public fisc. As shown in the
next chapter, such government largesse toward private prison companies results at least in part
from a series of highly questionable claims about privatization that encourage binge spending on
for-profit facilities.

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PART II:
THE FALSE PROMISE OF PRIVATE PRISONS
Although mass incarceration strains state budgets while rewarding for-profit companies, certain
private prison supporters and policymakers have put forth privatization as part of a solution
to budgetary crises confronting states across the nation.92 Similarly, leading private prison
companies promise to provide cost-effective alternatives to governmentally operated prisons.
CCA asserts on its website, “[w]ith state and federal budgets stretched and public needs always
competing with limited dollars, legislators are faced with critical choices on where to spend scarce
resources. Creating a partnership with CCA to construct, manage and maintain their prisons
allows governments to care for hardworking taxpayer dollars, while protecting critical priorities
like education and health care.”93 Other private prison companies assert that privatization saves
money, or is otherwise cost-effective. GEO, for example, claims to provide “20% to 30% cost
savings” in facility development, and “10% to 20% cost savings” in facility management.94
This chapter demonstrates that the supposed benefits (economic and otherwise) of private
prisons often fail to withstand scrutiny. The view that private prisons save taxpayer money, fuel
local economies, and adequately protect the safety of prisoners helps to feed mass incarceration
by making privatization appear to be an attractive alternative to reducing prison populations. But
the evidence for such benefits is mixed at best. Not only may privatization fail to save taxpayer
money, but private prison companies, as for-profit institutions, are strongly incentivized to cut
corners and thereby maximize profits, which may come at the expense of public safety and the
well being of prisoners.95
Inflated hopes about the supposed benefits of privatization are especially dangerous now,
as several states, spurred by fiscal necessity, have begun the difficult work of reducing mass
incarceration.96 Such progress threatens the private prison industry. As CCA stated in its 2010
Annual Report, under the heading “Risks Related to Our Business and Industry,” “[l]egislation
has been proposed in numerous jurisdictions that could lower minimum sentences for some nonviolent crimes and make more inmates eligible for early release based on good behavior. Also,
sentencing alternatives under consideration could put some offenders on probation ... who would
otherwise be incarcerated.”97
The danger currently posed by the private prison industry is that legislators, operating under
the highly questionable view that private prisons save money, will turn to privatization as a fiscal
solution, rather than cutting corrections spending by reducing the number of people behind
bars. For example, despite a recent statement by the Arizona Auditor General that for-profit
imprisonment in Arizona may cost more than incarceration in publicly-operated facilities,98
Arizona has announced plans to contract out an additional 5,000 prison “beds.” 99

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Accordingly, an analysis of the key benefits supposedly associated with private prisons—that forprofit prisons save money, stimulate economic growth, and adequately ensure the well-being of
prisoners—is especially relevant in the present moment. Such claims are examined below.

Supposed Cost Savings
Evidence that private prisons save public money is mixed at best. While some research supports
such a view,100 numerous other studies and reports have indicated that private prisons do not save
money, cannot be demonstrated to save money in meaningful amounts, or may even cost more
than governmentally operated prisons. For example:
	 In 2010, the Arizona Auditor General stated that analysis by the Arizona Department of

Corrections “indicated that it may be more costly to house inmates in private prisons”
than public institutions. Indeed, after making adjustments to allow for a more accurate
comparison, “rates paid to private facilities were higher for both minimum- and
medium-custody beds—the two categories of beds for which the [Arizona Department
of Corrections] contracts.”101
	 In 2010, the Hawaii State Auditor issued a scathing report which found that the state’s

Department of Public Safety “repeatedly misled policymakers and the public by
reporting inaccurate incarceration costs.” In justifying the decision to send prisoners
to CCA prisons in the continental United States, rather than publicly operated prisons
in Hawaii, the Department used a “flawed methodology,” “provide[d] artificial inmate
costs,” and engaged in “skewed cost reporting.”102
	 In 2010, a Legal Review Committee, established by Monmouth County, New Jersey,

to study the legal implications of privatizing the Monmouth County Correctional
Institution, reported: “Many studies have been done regarding prison privatization, most
of which conclude that the legal implications associated therewith make privatization
unattractive. Specifically, increased liability to the public entity, increased reported
escapes, private prison guards who are not trained to the level of law enforcement
officers, increased number of lawsuits and increased violence and disturbances at
correction facilities … Most objective cost studies show little or no cost savings to taxpayers
coupled with an increased safety risk … [P]rivatization does not appear to be a viable option
for Monmouth County’s maximum security facility due to the potential increased risk of
liability and safety risks without proof of cost savings.”103
	 In 2007, the Government Accountability Office (GAO) reported that the Federal Bureau

of Prisons failed to collect adequate data to determine whether private federal prisons
were more or less expensive than publicly operated federal prisons.104

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	 A 2007 meta-analysis of previous privatization studies by University of Utah researchers

found: “Cost savings from privatization are not guaranteed and quality of services is
not improved. Across the board effect sizes were small, so small that the value of
moving to a privately managed system is questionable.”105
	 While a judicial decision does not constitute a study, it is noteworthy that on

September 30, 2011, a Florida court enjoined the Florida Department of Corrections
from implementing the privatization of prisons in 18 counties, finding that the planned
privatization failed to comply with procedures mandated by state law, including
provisions regarding cost effectiveness.106 The court stated that the Department of
Corrections “has not prepared any cost comparison study, cost-benefit analysis, or
business case analysis. It has not consulted the Auditor General … The decision to
issue only one RFP and only one contract for all 29 prison facilities was based on
convenience and speed, … rather than on any demonstrated savings or benefit
advantage … From the record, it appears that the rush to meet [certain] deadlines
has resulted in many shortcomings in the evaluation of whether privatization is in the
best public interest as it relates to cost savings and effective service.”107 As this report
went to press, Governor Rick Scott reportedly had not decided whether to appeal the
ruling.108
While other studies have reported cost savings,109 the independence of at least one researcher who
supported private prisons has come into question based on his links to private prison companies.
Charles Thomas, a University of Florida academic and one of the most outspoken proponents of
private prisons, reportedly received $3 million in consulting fees from private prison companies
or related entities.110 Although a potential conflict of interest does not necessarily imply flawed
research, the Florida Commission on Ethics stated that Thomas’ “contractual relationships
with private corrections companies, or companies related to the private corrections industry …
conflicted with his duty to objectively evaluate the corrections industry through his research with
the University of Florida.”111

Scant Economic Benefit for Local Communities
	
Aside from supposed cost benefits, the leading for-profit private prison companies assert that
private prisons spur economic growth for local communities. The GEO Group’s website, for
example, claims that GEO prisons provide local communities with an “influx of capital [that] has
the ability to stimulate the economic makeup of a community through consumer spending, new
business enterprises, and capital improvements.”112 Similarly, CCA promises that “[o]ur presence
means more revenue for counties, towns, cities and states. Our facilities mean more local jobs for
hardworking residents.”113

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The view that prisons substantially promote economic
development is highly questionable. According to certain studies,
new prisons appear to bring few, if any, economic benefits. A
2010 study by researchers at Washington State University and
Ohio State University examined data on “all existing and new
prisons in the United States since 1960,” reporting findings that
“cast doubt on claims that prison building is worth the investment
for struggling rural communities.”114 A 2005 nationwide study
reported similar results.115 Yet another empirical study, which
was conducted by an advocacy organization and which focused
on rural counties in New York State, found that although new
prisons create jobs, “these benefits do not aid the host county to
any substantial degree since local residents are not necessarily
in a position to be hired for these jobs.” 116 While it should be noted
that these studies did not differentiate between governmental and
private prisons, the evidence contained in such studies supports
the view that opening new prisons provides scant benefit to local
communities.

“The findings reported here
cast doubt on claims that
prison building is worth the
investment for struggling
rural communities.”
—Gregory Hooks et al., Revisiting the
Impact of Prison Building on Job Growth:
Education, Incarceration, and CountyLevel Employment, 1976-2004, 91 Social
Science Quarterly 228 (2010)

Furthermore, private prisons can impose costs on local communities by obtaining subsidies,
enjoying property tax exemptions, and receiving municipal services (such as water and sewer
services) that cost taxpayer money.117 In 2001, a report by one advocacy group stated that nearly
three quarters of large private prisons received development subsidies from the government.118
Meanwhile, the benefit to counties where private prisons are built and operated can be quite
scant—some receive less than $2 per prisoner per day from the private prison operator.119 The
private prison companies themselves receive a far greater payoff from the government entity
(such as a state corrections department) whose prisoners the company incarcerates. For example,
private prison operators in Arizona were paid $63.52 per medium security prisoner per day in
2009,120 and as early as 2000, the federal government agreed to pay CCA almost $90 per day for
each detained immigrant at a San Diego facility.121
Furthermore, in some cases, local communities eager to build private prisons have set up
financial arrangements that ultimately damage their fiscal standing.122 The following case study
exemplifies this problem.

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CASE STUDY

Hardin’s Empty Prison

In 2004, a group of businessmen had a proposal for the small town of Hardin, Montana: build a
private detention center.123 The theory was that such a facility would lead to economic benefits
for the community.124 In 2004, the city’s economic development director predicted that at the
new facility, a job seeker “with a GED or high school diploma” might be able to “get a job with a
significantly higher income.”125
To finance the project in Hardin, the economic development authority created by the town issued
$27 million worth of municipal bonds that were both uninsured and unrated.126 But once the
facility had been built, it was unable to obtain a contract to house prisoners, and its 464 beds
remained empty.127 One news report described the facility as follows: “Inside its concrete walls,
orange jumpsuits, rubber sandals and stacks of white tube socks weigh down the shelves of the
storeroom. Computers, phones and video monitors line the tables in the control room. In the
cafeteria, stacks of plastic trays and cooking utensils wait to be put to use.”128
Because the jail remained empty, the $27 million worth of bonds issued by the economic
development authority created by the town lacked sufficient revenue to back them.129 The
authority defaulted on the bonds.130 Roughly 67 people had been offered jobs and cleared
background checks—but they could not report to work because the facility never opened.131 Just
preventing the empty building from falling apart became a financial burden for the town. Pipes
began to leak in late 2009, more leaks were discovered in 2010, and repairs were slated to total
$8,000.132 In the winter, gas bills ran as high as $10,000 per month.133
Desperate for a solution, the town turned to increasingly outlandish alternatives to fill the facility.
For a time, it appeared that an individual by the name of Michael Hilton, the head of a company
called “American Police Force” would provide the answer to Hardin’s prayers.134 Hilton proposed
not only to fill the jail with prisoners but to construct a “para-military training center” close to
the jail.135 Hilton pledged to provide fees, in addition to such things as computers for schools and
a homeless shelter.136 Hardin’s economic development authority signed a ten-year contract with
Hilton’s company,137 and Hilton arrived in Hardin with SUVs outfitted with a logo for the “Hardin
Police Department” (an entity that does not exist).138
It soon came to light, however, that Hilton had, according to the Associated Press, “gone by
at least 17 aliases and ha[d] a history of fraud and theft … He spent three years in prison in
California and ha[d] $1.1 million in outstanding civil judgments against him.”139 According to a
news report, American Police Force claimed that its services included “sell[ing] assault rifles and
other weapons in Afghanistan on behalf of the U.S. military….”140
The town’s deal with Hilton and his “American Police Force” fell through, but the town still sought
a way to fill its empty jail. When President Barack Obama pledged to remove all detainees from
Guantanamo Bay, the Hardin City Council voted unanimously in favor of receiving Guantanamo

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detainees at the local facility, a proposal that of course never materialized.141 Other ideas for what to
do with the empty jail included using it “as an enormous indoor greenhouse for medical marijuana,
a fight site for paintball or as low income housing.”142 In early 2011, the makers of the show Deadliest
Catch (a program about crabbing boats in Alaska) were exploring whether to use the facility for a
potential reality series on prisons (and how to fill the jail with inmates in order to make such a series
possible).143
According to a news report, one of the groups involved in the plan to construct the facility in 2004
was Corplan Corrections.144 Corplan Corrections currently states on its website:
Many prisons bring 150 to 400 new jobs to a community, not to mention the additional
impact of the income that flows into city and county budgets from prisons. Plus, we have
found that well managed prisons also provide substantial “free” and “donated” labor for
civic projects, parks, schools and public needs.
We look forward to working with you. Now, there are many more communities wanting
detention centers than are available. But if your community qualifies, Corplan Corrections
will make it possible for you. We may even be able to show you how your community can
qualify.145

Limited Incentives to Curb Recidivism and Prison Violence
	
Leading private prison companies assert that for-profit facilities protect the safety of prisoners.
Management & Training Corporation states on its website: “Our staff training, operational policies,
and systems of accountability emphasize not only safe and secure operations, but rehabilitation
and protection of human rights.”146 Similarly, GEO asserts, “We are committed to establishing and
maintaining a workplace that is safe, secure and humane, not only for our trained and experienced
professionals, but for the offenders entrusted in our care.”147 CCA states: “On the frontline level,
being a member of the security team at CCA means more than performing routine checks on a
shift; it means being an ambassador of safety and security for inmates, the surrounding community
and fellow staff.”148
As detailed below, however, certain research suggests that for-profit prisons may be associated
with heightened levels of violence toward prisoners. The perverse incentives to maximize profits
and cut corners—even at the expense of safety and decent conditions—may contribute to an
unacceptable level of danger in private prisons.

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Violence in Private Prisons
Although there is some evidence to the contrary,149 several studies suggest that prisoners in
private facilities may face greater threats to safety than those in governmentally operated prisons.
One study concluded that “the private sector is a more dangerous place to be incarcerated,” and
reported, based upon an analysis of national data, that “the private sector experienced more
than twice the number of assaults against inmates than did the public sector.”150 Similarly, a
United States Department of Justice study, based on a national survey of private prisons, reported
that “the privately operated facilities have a much higher rate of inmate-on-inmate and inmateon-staff assaults and other disturbances” than publicly operated facilities, when institutions of
similar security levels are compared.151 Another study reported: “[T]he survey data presented
in this paper show that privately operated prisons … had much higher escape rates from secure
institutions, and much higher random drug hit rates than the Bureau of Prisons.”152
Another Department of Justice study, which compared a private federal prison, Taft Correctional
Institution (“TCI”), with certain other institutions operated by the federal Bureau of Prisons
(“BOP”), reported lower levels of violent inmate misconduct at the private prison but also stated
that the private prison “contributed to a higher probability that inmates would be involved in overall
misconduct for much of the time period than any of the [governmental] comparison prisons.”153
The study also stated:
TCI consistently demonstrated lower levels of performance on the performance
measures examined here, primarily inmate misconduct and illegal drug use. This
relationship holds both when TCI is compared to the three BOP comparison prisons
as well as when TCI is compared to other BOP low-security prisons. TCI experienced
three significant incidents that did not occur at the BOP comparison prisons. TCI
experienced two escapes … and one large-scale disturbance in which at least 1,000
inmates refused to return to their cells. These instances endangered both public
safety and institution safety.154
Recent examples of unsafe conditions in private prisons include the following:
	 Just three weeks before the release of this report, prisoner fights in several locations

throughout a private prison in Oklahoma left 46 prisoners injured and required 16
inmates to be sent to the hospital, some of them in critical condition.155
	 In September 2011, Donald Dunn, a private prison employee responsible for transporting

immigration detainees pleaded guilty, according to a Department of Justice press
release, to two federal deprivation of rights charges: “While transporting the females
between the correctional center and either Austin Bergstrom International Airport or
the Greyhound Bus Terminal in Austin, Dunn admittedly would stop the vehicle, order

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the females to exit the vehicle, then mislead each of the victims to believe that he was
conducting a legitimate search of their bodies, when in fact, the defendant touched the
victims in a sexual manner and for the purposes of self gratification.”156 Dunn earlier
pled guilty to state charges of official oppression and unlawful restraint in connection
with the molestation of five immigration detainees.157 On October 19, 2011, the ACLU of
Texas brought suit against defendants including Dunn, the private prison company, and
Immigration and Customs Enforcement, on behalf of immigration detainees alleging
sexual abuse.158
	 In August 2011, according to a Department of Justice press release: “former Contract

Security Officer Edwin Rodriguez, 30, pleaded guilty to engaging in sexual abuse of a
female detainee under his supervision and control. The sexual act occurred inside the
Willacy Detention Center while Rodriguez was on duty.”159
	 In 2009, State of Hawaii investigators sent to Otter Creek Correctional Center, a private

prison for women in Kentucky that held Hawaii prisoners, found, according to a news
report, that “at least five corrections officials at the prison, including a chaplain, had
been charged with [engaging in sexual intercourse] with inmates in the last three
years, and four were convicted.”160
	 Evidence recently obtained by the ACLU through a Freedom of Information Act request,

submitted in 2011 to the Department of Homeland Security, provides a further window
into assault in private prisons. These documents suggest that the Department’s Office
of Inspector General, which investigates sexual abuse of individuals held in immigration
detention facilities, received numerous sexual abuse complaints between 2008 and
2010 regarding the Willacy Detention Center in Raymondville, Texas—a private facility
operated by Management & Training Corporation. Excerpts from these documents,
which were heavily redacted by the government, appear below.

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The following case studies further illustrate unacceptable levels of violence and unsafe conditions
in private prisons.

CASE STUDY

Appalling Conditions at a For-Profit Youth Facility

Walnut Grove Youth Correctional Facility, a juvenile prison in Mississippi operated by the GEO
Group, is currently the target of a lawsuit and a Department of Justice investigation regarding
conditions alleged to be so horrific that a former resident reportedly calls the facility “the deepest
depths of hell.”161 Another former prisoner indicates that violence is so pervasive that it has
become “entertainment” for guards.162 The facility has averaged as many as three injuries per
day due to violence.163 Oversight at the facility is highly questionable, as the GEO Group provides
reimbursement for the salary of the individual appointed by the state to monitor conditions.164
A lawsuit filed by the ACLU and the Southern Poverty Law Center in 2010 alleges a pattern of
horrendous physical and sexual abuse by security staff, use of prolonged solitary confinement,
abuse and neglect of mentally ill youth, and failure to provide basic mental health care.165 While
juveniles allegedly suffer in atrocious conditions, private companies including the GEO Group
have, according to one report, extracted more than $100 million in revenue from the facility’s
operation.166

CASE STUDY

The Death of Jesus Manuel Galindo

After spending a month in solitary confinement in a Texas private prison, 32-year-old Jesus
Manuel Galindo, according to the complaint filed in a pending lawsuit, was found dead in his
cell in December 2008.167 According to papers filed in the case, the GEO Group operated the
prison; a second private entity, Physicians Network Association (PNA), provided medical care for
prisoners.168
As court papers and news reports assert, Galindo was an epileptic, and thus in need of regular
medical care and attention, but his body allegedly was found after rigor mortis had set in, indicating
that prison officials did not discover his death for some time.169 According to the complaint filed
in the lawsuit, Galindo died of an epileptic seizure while in solitary confinement, left in a cell with
a broken intercom that prevented him from calling for help.170 According to a neurologist who
reviewed Galindo’s autopsy, he was “set up to die.”171
Galindo’s death is all the more tragic because several years earlier, in 2003, the Civil Rights
Division of the United States Department of Justice had found that another correctional facility,
through PNA, “provide[d] inadequate medical services in the following areas: intake, screening,
and referral; acute care; emergent care; chronic and prenatal care; and medication administration
and management. As a result, inmates at the [facility] with serious medical needs [were] at risk
for harm.”172 Despite these findings of serious neglect, the federal Bureau of Prisons rewarded the
company by entering into a contract to house federal prisoners at the Texas facility where PNA
provides medical care, and where Galindo’s death would later occur.

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CASE STUDY

Rampant Violence at the Idaho Correctional Center

The Idaho Correctional Center (ICC) is owned and operated by CCA. Levels of violence at the
facility have been so extreme that it has been dubbed the “Gladiator School.”173 A study conducted
by the Idaho Department of Correction in 2008 found that there were four times as many prisoneron-prisoner assaults at ICC than at Idaho’s other seven prisons combined.174 In a lawsuit filed by
the ACLU on behalf of ICC prisoners, which settled in September 2011, the Complaint alleged that
guards “cruelly use prisoner violence as a management tool,” that “violence is epidemic at ICC,”
and that staff “fail to adequately investigate assaults,” “frequently place vulnerable prisoners with
predators,” and “fail to protect prisoners who request and need protection from assault.”175 In
2010, the Associated Press obtained video footage showing a prisoner being mercilessly beaten by
another inmate, while guards reportedly failed to intervene.176
In a letter to the ACLU, one prisoner described the lack of treatment he received after being
attacked:
I was treated horribly. Like it was my fault … I was then taken to the ‘hole,’ stripped to my
underwear and left. I was shaking and cold. I was bleeding and [I kept going] in and out of
consciousness. I had a concussion with loss of balance and headache—many, many hours
later I was given my clothes and a blanket. The ice was all the medical [treatment] I had.
The parties reached a settlement agreement in September 2011 that requires CCA to make major
improvements in facility conditions, including a requirement that the corporation perform an
investigation of all assaults and increase staffing levels.177

Flawed Incentives and Private Prison Violence
Dangers in private prisons may reflect, at least in part, financial incentives to minimize costs and
thereby maximize profits. Indeed, according to one scholar, “there is a much stronger incentive
for private [prison] companies to save costs, not for the public’s benefit, but for their own profit.”178
In particular, low pay for private prison staff may result in a higher level of staff turnover. As
stated in one study, “private operators are running prisons with workers who are generally
paid less than their public-sector counterparts,” and “privately operated prisons … had much
higher separation rates for correctional officers.”179 Similarly, according to another study, private
prisons, as compared to public facilities, pay correctional officers less and face a higher rate of
staff turnover.180

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These shortcuts potentially create grave risks, as pay and turnover may “contribute to the higher
levels of violence seen in the private sector.” 181 More specifically:
Privately operated prisons appear to have systemic problems in maintaining secure
facilities …. Advocates of prison privatization have argued that private prisons can
pay workers less, offer fewer benefits, and still deliver a product that is as good or
better than that provided by the public sector. The evidence to date contradicts such an
encompassing assertion.182
The same study continued: “[t]he data presented here indicate that less costly workers in private
prisons have not produced an acceptable level of public safety or inmate care to date.”183

Private Prison Incentives:

The more things change…
	
Eighteenth Century: The private keepers who ran jails had little incentive to spend money on
impoverished inmates, subjecting them to meager rations and disease.
	
Nineteenth Century: The contractors who “rented” prisoners for the day under the convict
lease system had no financial reason to keep them alive; prisoners died in droves.
Today: Private prison operators have incentives to improve their bottom line by cutting
corners—potentially at the expense of both public safety and prison conditions.
	

… the more they stay the same.

The following case study shows that an Arizona private prison was staffed with inexperienced
guards, and that better management of the facility might have avoided a horrific escape.

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CASE STUDY

A Horrific Escape from an Arizona Private Prison

The infamous escape of three prisoners, including convicted murderer Tracy Province, from a
private prison in Kingman, Arizona on July 30, 2010, provides a tragic illustration of the dangers
created in one private prison184—and the use of inexperienced correctional officers. The results
of the escape were horrific, and escapees were charged with allegedly murdering, while on the
run, an elderly Oklahoma couple vacationing in New Mexico, and setting fire to their camper.185
One of the prisoners was recaptured only after a chase in which he fired bullets at a police car;
another was caught while hitchhiking with a pistol.186 The Director of the Arizona Department of
Corrections described the prison break as the state’s worst escape in 30 years.187
The escape is all the more tragic because security lapses may have been a contributing factor.188
Although alarms went off as the prisoners escaped, state officials would later report that private
prison guards ignored the alarms, deeming them false.189 In August 2010, shortly after the
escape, the Arizona Department of Corrections produced a scathing security assessment of the
private prison, finding, among numerous other problems, that the private prison’s staff lacked
experience and routinely ignored alarms. Findings in the report included the following:
	 “Alarms regularly and routinely activate throughout the day .... This has become such a
‘norm’ that zone activation events are treated at a lower priority than other duties such as
answering the telephone, issuing keys, checking staff in, etc.”190
	 “The alarm system in the perimeter zones has not been serviced or maintained by trained
experts .... The sensitivity of the zones is not routinely tested or adjusted. This has led
to constant false alarms (during one five minute period .... [the auditor] noted six alarm
activations) which, over the course of months, has led to staff being desensitized.”191
	 “Staff are fairly ‘green’ across all shifts. Many staff have under one year of service. Finding
staff with 2 or more years of service is rare.”192
	 It was estimated that “one third of security employees have less than three months on the
job or in their promoted position.”193
	 “Staff are not proficient with weapons.”194
	 “Weapons are stored loaded and drills are not being conducted regularly.”195
Despite this tragic escape, the same private prison company (Management & Training
Corporation) continues to operate private prisons in Arizona, including the Kingman facility.196

	

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Private Prisons and Rehabilitation
	
Private prison operators have limited incentives to reduce future crime. As one scholar notes,
“[i]t very well may be that companies operating private prisons … will be so concerned with
cost cutting, profit making, and satisfying their stockholders that some major goals of the
institution will be neglected or overlooked. For instance, some aspects of rehabilitation … may
be affected.”197 Numerous religious groups have condemned the perverse incentives inherent in
for-profit incarceration—including the absence of incentives to devote resources to rehabilitation.
According to the Private Corrections Working Group, statements by religious groups in opposition
to private prisons include the following:
Catholic Bishops Resolution (2000): “We bishops question whether private, for-profit
corporations can effectively run prisons. The profit motive may lead to reduced efforts
to change behaviors, treat substance abuse, and offer skills necessary for reintegration
into the community.”
Presbyterian Church USA (2003): “Since the goal of for-profit private prisons is earning
a profit for their shareholders, there is a basic and fundamental conflict with the
concept of rehabilitation as the ultimate goal of the prison system. We believe that this
is a glaring and significant flaw in our justice system and that for-profit private prisons
should be abolished.”
United Methodist Church (2000): “The United Methodist Church declares its opposition
to the privatization of prisons and jails and to profit making from the punishment of
human beings.”
Episcopal Diocese of Newark (2002): “The industry of warehousing prisoners in private
prisons has presented a temptation to those who would profit from the punishment of
human beings.” 198
While the empirical evidence is mixed, individuals released from private prisons may be more
likely to commit future crimes than people released from publicly operated prisons. According to a
2008 study of Oklahoma prisons, “private prison inmate groups had a greater hazard of recidivism
than did public inmate groups.”199
Not only is there little incentive to spend money on rehabilitation, but crime, at least in one sense,
is good for private prisons: the more crimes that are committed, and the more individuals who are
sent to prison, the more money private prisons stand to make. Increased recidivism gives private
prisons a steady clientele but has negative consequences for the public—more crime, and more
money spent re-incarcerating former prisoners.

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For Private Prisons, More Crime = More Profits
Our growth … depends on a number of factors we cannot control, including crime rates …
[R]eductions in crime rates … could lead to reductions in arrests, convictions and sentences
requiring incarceration at correctional facilities.
—Corrections Corporation of America, Securities and Exchange Commission Form 10-K,
at 19-20 (2010)

One day, as a 14-year-old boy was being released after serving his sentence [at a private prison
operated by CCA], the guard offered him some friendly advice.
“Stay out of trouble,” he said. “I don’t want to see you back here.”
“Why not?” the kid responded. “That’s how you make your money.”
	
—Eric Bates, Private Prisons: Over the Next Five Years Analysts Expect the Private Share of the Prison
“Market” to More than Double, The Nation, Jan. 5, 1998

****
Although supporters of for-profit prisons contend that such institutions provide an answer to
bloated state corrections budgets, these facilities offer no solution—financial or otherwise—to
the mass incarceration crisis confronting state governments. The evidence that private prisons
provide demonstrable financial savings is mixed at best, and prisons do not appear to provide
economic benefits to local communities. Private prisons suffer from flawed incentives and may
face heightened levels of violence.
Given these enormous potential drawbacks, why have private prison companies been so successful
in persuading policymakers to build more and more private prisons? Much of the answer lies in
shrewd—and sometimes cynical—efforts used by some members of the private prison industry to
curry political favor. The following chapter explores this topic.

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PART III:
THE PRIVATE PRISON PITCH
In order to increase revenue and maximize profit, private prison companies must obtain more
and more contracts to lock up increasing numbers of people. Some private prison companies, or
individuals associated with these companies, employ a range of aggressive tactics to expand the
reach of for-profit imprisonment. This chapter examines such tactics, which include:
	 Questionable financial incentives
	 Benefitting from the “revolving door” between public and private corrections
	 Extensive lobbying
	 Lavish campaign contributions
	 Control of information

Not every private prison company has been found to engage in each tactic discussed in this chapter,
but the tactics used by some companies may pose an especially grave concern at present, as
state governments struggle to reduce incarceration costs. Such tactics threaten to undermine
real solutions to overincarceration by encouraging cash-strapped state governments to turn to
privatization rather than serious criminal justice reform. The highly questionable view that private
prisons provide advantages (financial or otherwise) over governmental facilities, discussed in the
previous chapter, may become all the more dangerous when coupled with the influence-peddling
strategies discussed in this chapter.

Questionable Financial Incentives
The private prison industry has managed to expand its reach in part because some private prison
companies, or individuals associated with those companies, have provided questionable financial
incentives to legislators or other government officials. Two case studies of recent events in
Pennsylvania and Alaska illustrate the use of questionable financial incentives in connection with
private prisons.

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CASE STUDY

A Travesty of Juvenile Justice in Pennsylvania

In February 2011, a jury convicted former Luzerene County, Pennsylvania Judge Mark Ciavarella
of racketeering, money laundering, and conspiracy in connection with his acceptance of nearly
one million dollars from the developer of a private juvenile facility.200 Prosecutors reportedly
referred to these activities as a “kids for cash” scheme.201 Ciavarella was responsible for an
enormous share of imprisoned juveniles. Indeed, in the span of five years, Ciavarella’s rulings
accounted for 22% of decisions to detain children in Pennsylvania—even though Luzerne
county accounts for less than 3% of Pennsylvania’s population.202 Ciavarella has appealed the
convictions.203
	
According to families with children tried by Ciavarella, the judge would hold trials only minutes
long.204 He allegedly ordered a ten-year-old incarcerated and locked up a high school girl for
three months because she mocked a school official on a website.205 In another reported instance,
a twelve-year-old boy took his mother’s car and got into an accident.206 The mother filed a police
report, concerned that insurance otherwise would not cover the damage.207 Ciavarella reportedly
jailed the boy for a full two years.208 In another instance, Ciavarella allegedly based a juvenile’s
sentence on “the number of birds perched outside a courtroom window.”209
The payments received by Ciavarella from the private prison developer ultimately led not only to
Ciavarella’s criminal conviction but also to the dismissal, by the Supreme Court of Pennsylvania,
of 4,000 juvenile cases handled by Ciavarella.210 The Court stated:
Ciavarella admitted under oath that he had received payments from Robert Powell, a
co-owner of the [two private facilities], and from Robert K. Mericle, the developer who
constructed the juvenile facilities, during the period of time that Ciavarella was presiding
over juvenile matters in Luzerne County .... Ciavarella’s admission that he received these
payments, and that he failed to disclose his financial interests arising from the development
of the juvenile facilities, thoroughly undermines the integrity of all juvenile proceedings
before Ciavarella .... [T]his Court cannot have any confidence that Ciavarella decided any
Luzerne County juvenile case fairly and impartially while he labored under the specter of his
self-interested dealings with the facilities.211

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CASE STUDY

Operation Polar Pen

The federal probe of political corruption in Alaska that culminated in the trial of Senator Ted
Stevens and the guilty plea of oil executive Bill Allen began as “Operation Polar Pen”—an
investigation of corruption connected to a scheme to build a private prison in Alaska.212 The
federal investigation led to charges not only against politicians and oil industry moguls but
also against Bill Weimar, an individual who ultimately pled guilty to criminal counts, including
conspiracy to engage in honest services mail and wire fraud,213 in connection with efforts to win
passage of legislation that could have resulted in construction of a private prison.214 Sections of
the factual basis for his guilty plea, which Weimar signed, are shown on the following page.
Before the scandal, Weimar had made enormous profits in private corrections. In the late
1990s, he had sold, at a price tag of $21 million, five private halfway houses in Alaska to Cornell
Companies.215 Weimar then moved to Montana and acquired a personal compound that reportedly
included “a six-bedroom home, two-bedroom caretaker’s cottage, indoor shooting and archery
ranges, equestrian center, two-lane bowling alley, heated swimming pool, racquetball and tennis
courts and helipad, all on 60 acres.”216 	
But Weimar had an opportunity to make even more money if a private prison were constructed
in Alaska. His company, Allvest—along with Cornell Companies and Veco (the company led by
Allen)—were part of a consortium called “Corrections Group North” that was seeking to acquire
a $1 billion, 25-year contract to build and operate such a prison.217 Weimar retained an interest in
the plan and would have made another $5.5 million if the prison were constructed.218
To push the plan forward, Weimar focused on an individual—identified only as “CANDIDATE A”
in legal papers filed by federal prosecutors—who was running for a seat in the Alaska State
Legislature.219 According to news reports, the candidate described in legal papers matched the
description of Jerry Ward, who had previously served in the legislature and was seeking reelection
to his former position.220 Ward has been described as “one of the [Alaska] Legislature’s biggest
advocates of hiring private contractors to provide public services,”221 and a representative who
“fervently pushed private prison projects.” 222
Weimar provided financial support totaling approximately $20,000 to the campaign of
“CANDIDATE A,” and Weimar, according to his guilty plea, “understood and believed that
CANDIDATE A would, as a public official, use his official position to advocate for the passage
and funding of legislation that would establish a privately-operated prison, knowing that if such
legislation passed and a privately-operated prison contract was awarded to Company A, WEIMAR
stood to benefit personally.”223
Ultimately, the private prison that Weimar corruptly sought to build was never constructed,
thanks to resistance from local communities, correctional officers’ unions, and other Alaska
lawmakers.224 Weimar himself served his sentence in a governmentally operated federal prison in
Arizona.225

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The Revolving Door Between Public and Private Corrections
Private prison companies make their money through contracts for prison construction and
operation negotiated with public officials. Many in the private prison industry, however, once
served in state corrections departments, and numerous state corrections officials formerly worked
for private prison companies. In some cases, this revolving door between public corrections and
private prisons may contribute to the ability of some companies to win contracts or to avoid
sufficient scrutiny from the corrections departments charged with overseeing their operations. A
full examination of the numerous instances in which private prison contractors have been hired
into and out of government posts could fill an entire report. Select examples include the following:
	 Prior to becoming the New Mexico Secretary of Corrections, Joe Williams worked for

the GEO Group as a warden. In 2010, the New Mexico Legislative Finance Committee
reported that although private prisons, including GEO, failed to maintain prison staffing
levels required by contract, the state corrections department—headed by Williams—
declined to collect contractual fines. The Committee found that the state might have
collected an estimated $18 million from the private prison companies if the corrections
department had enforced the contractual rules applicable to private prisons.226
	 Former BOP Director Harley Lappin, after being arrested for alleged drunk driving, left

government service in early 2011.227 Lappin clearly remained valuable to the private
prison industry, and soon began work for CCA, as the company’s Chief Corrections
Officer. As the corporation’s CEO stated, “Harley values correctional partnerships …. I
am very excited to have him as part of our leadership team.”228 The company’s payroll
also includes a second former BOP Director: J. Michael Quinlan serves as a Senior Vice
President of CCA.229
	 According to a letter from the American Federation of Government Employees to

Senator Patrick Leahy, during Stacia A. Hylton’s tenure as Federal Detention Trustee,
GEO obtained contracts to house federal prisoners, including U.S. Marshals Service
detainees, that generate more than $80 million in annual revenue for the company.
The letter asserts that even before she retired as Federal Detention Trustee, Hylton
formed a private consulting company. Shortly after retiring, the letter continues, Hylton
accepted $112,500 from the GEO Group, her only client.230 In 2010, Hylton reentered
the federal government, as head of the U.S. Marshals Service.231
The following case study further illustrates the problems created by the revolving door between
public and private corrections.

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CASE STUDY
			

Former GEO Employees Fail To Report Children
Living in Squalor

In 2007, the Texas Youth Commission fired employees responsible for monitoring a West Texas
juvenile prison run by GEO because the employees failed to report horrid conditions at the
prison.232 In fact, the employees “not only failed to report substandard conditions but praised the
operation. In the monitors’ most recent review … the prison was awarded an overall compliance
score of 97.7 percent. In that review, monitors also thanked GEO staff for their positive work with
[Texas] youth.”233
It later came to light that some of the monitors—immediately before commencing their
employment as state monitors of GEO’s contract performance—had worked for the GEO Group.234
When Texas finally sent independent auditors to the youth facility, the auditors reportedly “got so
much fecal matter on their shoes they had to wipe their feet on the grass outside.”235 Findings in
the independent report included all of the following:
	 “The GEO Group does not ensure that the youth are provided with a clean and orderly living
environment.”
	 “Cells were filthy, smelled of feces and urine, and were in need of paint.”
	 “[T]here are serious problems with insects throughout the facility and grounds.”
	 “Plumbing chases were not secure at the time of the inspection. Contraband and pests were
found in these areas.”
	 “Water leaks are numerous throughout the facility, creating an unsanitary and unsafe
environment for all youth and staff.”
	 “There is racial segregation [in] the dorms; Hispanics are not allowed to be cell mates with
African Americans.”
	 “Youth sprayed with [Oleoresin Capsicum] pepper spray are not routinely decontaminated.”236
The Texas Youth Commission auditors also held focus groups, in which children at the facility
reported:
	 They have “not received church services in over two months.”
	 They are “disciplined for speaking Spanish.”
	 They “are sometimes not allowed to brush their teeth for days at a time.”
	 They “had been forced to urinate or defecate in some container other than a toilet.”237

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The Private Prison Lobby
Certain private prison companies, according to a recent report by Detention Watch Network,
spend large sums of money to lobby the House of Representatives, the Senate, and several federal
agencies, including the Federal Bureau of Prisons (which incarcerates over 200,000 prisoners at
any given time) and the Department of Homeland Security (which detains over 30,000 immigrants
at any given time).238 According to nonprofit groups, CCA alone spent over $18 million on federal
lobbying between 1999 and 2009, “often employing five or six firms at the same time,”239 and in
2010, CCA spent another $970,000 lobbying the federal government.240
These figures capture only federal government lobbying—but private prison companies also
lobby heavily in statehouses across the country. While total expenditures on state lobbying are
impossible to calculate because lobbying disclosure requirements vary from state to state,241 what
is clear is that lobbyists for private prisons have fanned out from coast to coast. For example, the
Justice Policy Institute recently reported that “[i]n Florida alone, [the three largest private prison
companies] utilized 30 lobbyists to advocate for private prison contracts and policies to promote
the use of [private] prisons.”242
Between 2003 and 2011, according to the National Institute on Money in State Politics, CCA hired
199 lobbyists in 32 states: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida,
Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi,
Missouri, Montana, Nevada, New Hampshire, New Mexico, Oklahoma, Pennsylvania, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.243 During the same
period, GEO hired 72 lobbyists in 17 states.244

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States Lobbied by CCA and GEO, 2003-2011
KEY:

States lobbied by CCA

States lobbied by both

States lobbied by GEO

States lobbied by neither

AK
HI

SOURCE: National Institute on Money in State Politics

Campaign Contributions
In addition to lobbying, for-profit prison companies also spend vast sums of money on campaign
contributions. Since 2000, the leading private prison companies—CCA, GEO, and Cornell (which has
since been absorbed by GEO in a merger)—have contributed over six million dollars to candidates
for state office and over $800,000 to candidates for federal office, according to the Justice Policy
Institute.245 The organization further reports that in 2010 alone, these companies contributed over
two million dollars to state political campaigns, with a large fraction of the money funneled to
state party committees.246
Data maintained by the National Institute on Money in State Politics also reveal the following
about private prison campaign contributions: Between 2003 and 2011, CCA contributed to over
600 state candidates, and GEO contributed to over 400.247 Both corporations have established
their own Political Action Committees (PACs).248 These companies backed a high proportion of
candidates who ultimately won elections, which may indicate a strategy of focusing contributions
on candidates likely to wield power. GEO, for example, made 506 campaign donations to incumbents
and only 12 donations to challengers between 2003 and 2011.249

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The following case study illustrates the combined effect that campaign contributions and the
revolving door may have had on the expansion of privatized incarceration in Arizona.

CASE STUDY

More Prisons for Profit in Arizona

Faced with fiscal crises, states across the country, including “tough on crime” jurisdictions
such as Texas and South Carolina, have labored to reduce corrections spending.250 But Arizona’s
Department of Corrections is the only large agency in that state not subject to a budget cut in
fiscal year 2012—in fact, the Department’s budget increased by over ten million dollars.251 Despite
a recent statement by the Arizona Auditor General that for-profit imprisonment in Arizona may
cost more than incarceration in publicly-operated facilities,252 Arizona has announced plans to
contract out an additional 5,000 prison “beds.” 253
The 5,000 bed private prison expansion was included in Arizona Governor Jan Brewer’s 2010
executive budget. 254 CCA employees and executives reportedly contributed over $1,000 to
Governor Brewer’s reelection campaign, and CCA’s Political Action Committee and lobbyists
“contributed another $60,000 to Brewer’s top legislative priority, Proposition 100, a sales tax to
help avoid budget cuts to education.”255 In late 2010, CBS 5 News in Arizona reported that Chuck
Coughlin, Brewer’s campaign chairman and policy advisor, worked as a lobbyist for CCA; that
Brewer’s communications director, Paul Senseman, used to lobby for CCA; and that Senseman’s
wife continued to lobby for the corporation.256

Control of Information
For-profit prison companies go to great lengths, and apparently spend significant funds, to put
forth a positive public image. Certain private prison companies offer the public well-manicured
websites with extensive press releases and video footage touting their accomplishments, and the
industry praises itself in publications such as Service, Security and Solutions (published by CCA)
and GEOworld (published by GEO). Puff pieces on private prison websites cover such topics as the
Paws in Prison program (which pairs prisoners with dogs), awards given to the industry, and a
charity golf tournament hosted by CCA’s chairman.257
Private prison companies also funnel money (which, of course, initially comes largely from
taxpayers) into communications departments, which churn out positive stories about private
prisons. CCA employs a Vice President for Communications, whose duties include “strategic
marketing communications, media management, [and] brand positioning.”258 Management &
Training Corporation likewise has a Vice President for Communications.259
Meanwhile, private prison websites rarely report negative information: no one would know from
CCA’s website that one of its employees sexually abused multiple female immigration detainees,

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or that one of its facilities is allegedly so violent that it has been
dubbed the “gladiator school.”260 GEO unabashedly conditions
the right to use its media materials on a reporter’s agreement
to write positive stories about the company: “The following
photographs have been pre-approved for media publication
use. A license to reproduce and publish such photographs is
hereby granted, provided, the use will not disparage GEO…”261
Meanwhile, according to journalist and policy analyst Tom
Barry: “A near-total absence of committed oversight has allowed the prison industry to flourish in the shadows. Requests
for the most basic information about the functioning of these
prisons and detention centers routinely lead nowhere.”262
A private prison loophole in open records laws contributes to
this lack of accountability. Under the Freedom of Information
Act (FOIA), members of the public can request documents from
federal prisons and immigration detention facilities—but when
the federal government sends prisoners to a private prison,
the private prison is exempt from FOIA requests.263 Under
many state open records laws, the same asymmetry applies
to state prisoners in state institutions and state prisoners in
private prisons.

“The following photographs
have been pre-approved
for media publication use.
A license to reproduce and
publish such photographs is
hereby granted, provided, the
use will not disparage GEO…”
—GEO Group Website

“A near-total absence of
committed oversight has
allowed the prison industry
to flourish in the shadows.
Requests for the most
basic information about the
functioning of these prisons
and detention centers
routinely lead nowhere.”

CCA has also blocked efforts by some of its own shareholders
(specifically, a coalition of religious groups that own stock,
including the Sisters of Charity of the Blessed Virgin Mary and
the Mercy Investment Program) to bring greater transparency
to the corporation’s political contributions. A 2007 stockholder
proposal put forward by these groups would have required
—Journalist Tom Barry
“an accounting of our Company’s funds that are used for
political contributions or expenditures” and disclosure of “the
internal guidelines or policies, if any, governing our company’s
political contributions and expenditures.”264 CCA’s Board of Directors unanimously recommended
that stockholders reject the proposal,265 and the measure was voted down.266 More recently,
according to a news report, CCA’s Board has continued to oppose similar proposals for corporate
transparency brought by religious groups that own stock in the company.267

****
A range of aggressive and shrewd tactics drive the expansion of private incarceration. The private
prison industry thrives in part by employing effective marketing strategies, rather than offering
effective solutions.

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CONCLUSION
In America, our criminal justice system should keep us safe, operate fairly, and be cost-effective.
Mass incarceration, however, deprives record numbers of individuals of their liberty, has at best a
minimal effect on public safety, and cripples state budgets. Meanwhile, the private prison industry
rakes in profits by obtaining government money in increasing amounts, by depriving Americans of
liberty in ever greater numbers, and potentially by cutting corners at the expense of public safety
and prison security.
For-profit prisons are a major contributor to bloated state budgets and mass incarceration—not
a part of any viable solution to these urgent problems. In order to reduce corrections spending
and mitigate mass incarceration, governments must focus on the hard work of criminal justice
reform, and not the false promise of for-profit imprisonment.

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ENDNOTES
1	

The Pew Center on the States, One in 100: Behind Bars in America 2008 5, 35 (2008); Rough Justice in America: Too Many
Laws, Too Many Prisoners, The Economist, July 22, 2010; Adam Liptak, U.S. Prison Population Dwarfs That of Other
Nations, N.Y. Times, Apr. 23, 2008.

2	

See Rough Justice in America; Too Many Laws, Too Many Prisoners, The Economist, July 22, 2010. Currently, the United
States incarcerates over 2.3 million people, approximately one out of every 100 adults. Id.

3	

Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness 6-7 (2010); The Pew Center on the
States, One in 100: Behind Bars in America 2008 35 (2008); Todd R. Clear, Imprisoning Communities: How Mass Incarceration
Makes Disadvantaged Neighborhoods Worse 6-7, 9-10 (2007).

4	

See, e.g., Greg Bluestein, Associated Press, State Budget Crises Push Sentencing Reforms, Boston Globe, Apr. 2, 2011;
Judith Greene & Marc Mauer, The Sentencing Project, Downscaling Prisons: Lessons from Four States 1-2 (2010); American
Civil Liberties Union, Smart Reform Is Possible: States Reducing Incarceration Rates and Costs While Protecting Communities
5-7 (2011).

5	

Corrections Corporation of America, 2010 Annual Report on Form 10-K 19 (2010). The full paragraph stated: “Our ability
to secure new contracts to develop and manage correctional and detention facilities depends on many factors outside
our control. Our growth is generally dependent upon our ability to obtain new contracts to develop and manage
new correctional and detention facilities. This possible growth depends on a number of factors we cannot control,
including crime rates and sentencing patterns in various jurisdictions and acceptance of privatization. The demand
for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in
conviction or parole standards and sentencing practices or through the decriminalization of certain activities that are
currently proscribed by our criminal laws. For instance, any changes with respect to drugs and controlled substances
or illegal immigration could affect the number of persons arrested, convicted, and sentenced, thereby potentially
reducing demand for correctional facilities to house them. Legislation has been proposed in numerous jurisdictions
that could lower minimum sentences for some non-violent crimes and make more inmates eligible for early release
based on good behavior. Also, sentencing alternatives under consideration could put some offenders on probation
with electronic monitoring who would otherwise be incarcerated. Similarly, reductions in crime rates or resources
dedicated to prevent and enforce crime could lead to reductions in arrests, convictions and sentences requiring
incarceration at correctional facilities.” Id. at 19-20.

6	

From 1990 to 2009, the number of people incarcerated in private prisons grew from approximately 7,000 to
approximately 129,000 inmates. United States Department of Justice, Bureau of Justice Statistics, Census of State and
Federal Correctional Facilities, 1995 iv (1997); Heather C. West, Et Al., United States Department of Justice, Bureau of
Justice Statistics, Prisoners in 2009, 33 App. Table 19 (2010).

7	

Heather C. West, Et Al., United States Department of Justice, Bureau of Justice Statistics, Prisoners in 2009, 34 App. Table
20 (2010) (6.8% of adult state prisoners and 16.4% of adult federal prisoners in private prisons in 2009); Detention
Watch Network, The Influence of the Private Prison Industry in Immigration Detention, www.detentionwatchnetwork.org/
privateprisons (49% of immigration detainees in private facilities in 2009) (last visited Oct. 4, 2011).

8	

Corrections Corporation of America, 2010 Letter to Shareholders 1 (2010) (($1.7 billion in 2010 CCA revenue); The GEO
Group, Inc., 2010 Annual Report 3, 20 (2010) ($1.27 billion in 2009 GEO revenue); Morningstar, Corrections Corporation
of America, Key Executive Compensation, http://insiders.morningstar.com (under “search insiders by ticker,” search for
“CXW”) (CCA executive compensation); Morningstar, The GEO Group, Inc., Key Executive Compensation, http://insiders.
morningstar.com (under “search insiders by ticker,” search for “GEO”) (GEO executive compensation).

9	

For a discussion of the conflicting evidence regarding cost savings, see infra at 19-20 and nn. 100-109.

10	

Bob Ortega, Arizona To Expand Private Prisons, Arizona Republic, Jul. 3, 2011.

11	

State of Arizona, Office of the Auditor General, Report No. 10-08, Department of Corrections-Prison Population Growth
19, 21 (2010) (citing Arizona Department of Corrections, FY 2009 Operating Per Capita Cost Report: Cost Identification and
Comparison of State and Private Contract Beds (2010)).

12	

Bob Ortega, Arizona To Expand Private Prisons, Arizona Republic, Jul. 3, 2011.

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13	

Morgan Loew, Brewer Linked to Private Prisons Housing Illegal Immigrants, KPHO.com, (Sept. 1, 2010), http://www.kpho.
com/story/14791252/brewer-linked-to-private-prisons-housing-illegal-immigrants-9-01-2010.

14	

Real Savings Needed for Private Prisons, Florida Times-Union, June 22, 2010; see also Richard A. Oppel, Jr., Private
Prisons Found To Offer Little in Savings, N.Y. Times, May 18, 2011; Tom Brown, Private Prison Business Eyes Big Florida
Prize, Reuters, May 12, 2011.

15	

Scott Hiaasen, Effort to Privatize Florida Prisons Raises Questions of Cost, Miami Herald, Apr. 22, 2011; see also David
Royse, News Service of Florida, Florida State Senator Wants Answers on $25 Million Prison Privatization Costs, Florida
Courier, Aug. 16, 2011; Teamster Nation, Florida Prison Privatization Already Open for Bids, July 26, 2011, http://
teamsternation.blogspot.com/2011/07/florida-prison-privatization-already.html (last visited Sept. 30, 2011).

16	

Seek Savings Beyond Privatizing Prisons, Orlando Sentinel, Aug. 23, 2011.

17	

Final Declaratory and Injunctive Judgment at 6, Baiardi v. Tucker, No. 2011 CA 1838 (Fla. Cir. Ct. Sept. 30, 2011).

18	

Id. at 5. As this report went to press, Governor Rick Scott reportedly had not decided whether to appeal the ruling.
Mary Ellen Klas, Grand Jury Probes Panhandle Private Prison Deal, Miami Herald, Oct. 9, 2011.

19	

Julie Carr Smyth, Associated Press, Ohio 1st in US To Sell Prison to Private Company, SF Gate, Sept. 1, 2011; Press
Release, ACLU of Ohio, State’s Decision To Sell Only One Prison Underscores Problems for Taxpayers, Says ACLU,
Sept. 1, 2011 (on file with author).

20	

Joe Guillen, Gov-elect John Kasich Picks Private Corrections Consultant and Former Warden To Run Ohio’s Prisons
System, Plain Dealer, Jan. 4, 2011; Chillicothe’s Gary Mohr Named Ohio Prisons Chief, Chillicothe Gazette, Jan. 4, 2011.

21	

ACLU of Ohio, Prisons for Profit: A Look at Prison Privatization 1, 18-20 (2011); American Civil Liberties Union, Smart Reform
Is Possible: States Reducing Incarceration Rates and Costs While Protecting Communities 50-51 (2011).

22	

Jan Moller, Gov. Jindal’s Plan To Sell State Prisons Is Killed by House Committee, Times-Picayune, June 6, 2011; Julie Carr
Smyth, Associated Press, Ohio 1st in US To Sell Prison to Private Company, SF Gate, Sept. 1, 2011.

23	

Jan Moller, Gov. Jindal’s Plan To Sell State Prisons Is Killed by House Committee, Times-Picayune, June 6, 2011; see also
generally American Civil Liberties Union, Smart Reform Is Possible: States Reducing Incarceration Rates and Costs While
Protecting Communities 54-55 (2011).

24	

U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement Salaries and Expenses Fiscal Year 2012
Congressional Justification 57 (2011); Susan Carroll, ICE Upgrades Standards for Detention Facilities, Houston Chron.,
Sept. 28, 2010.

25	

La Opinión, ICE Builds More Immigration Detention Centers, New America Media, June 28, 2011; Jason Buch, New
Detention Center in Karnes County, San Antonio Express-News, Dec. 9, 2010; Sam Dolnick, Reversing Course, Officials
in New Jersey Cancel One-Bid Immigrant Jail Deal, N.Y. Times, Aug. 15, 2011; Travis Pillow, Corrections Corporation
Partnering with Broward Town To Compete For Immigration Detention Facility, Florida Independent, May 27, 2011.

26	

Sam Dolnick, Reversing Course, Officials in New Jersey Cancel One-Bid Immigrant Jail Deal, N.Y. Times, Aug. 15, 2011.

27	

See infra at 23-28.

28	

Security Assessment, ASP-Kingman August 4-6, 2010, Memorandum from Therese Schroeder, Security Operations
Administrator, to Charles L. Ryan, Director, Arizona Department of Corrections 3, 9 (Aug. 18, 2010) (on file with
author).

29	

Texas Youth Commission, Coke County Juvenile Justice Center Audit 7 (2007).

30	

Henry K. Lee, California Convicts Brawl in Oklahoma Prison, San Francisco Chron., Oct. 13, 2011.

31	

Pollard v. The GEO Group, Inc., 629 F.3d 843 (9th Cir. 2010), cert. granted, 131 S.Ct. 2449 (May 16, 2011) (No. 10-1104).

32	

Mixed Verdict for Disgraced Judge, N.Y. Times, Feb. 18, 2011; Press Release, U.S. Attorney’s Office for the Middle District
of Pennsylvania, Former Pennsylvania County President Judge and Juvenile Judge Mark Ciavarella Sentenced to 28
Years in Prison (Aug. 11, 2011) (on file with author). Ciavarella has appealed the convictions. Dave Janoski, Ciavarella
Moved to Federal Prison in Illinois, Times-Tribune, Sept. 13, 2011.

33	

Of course, not every private prison company has been found to engage in each of these tactics.

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34	

Heather C. West, et al., United States Department of Justice, Bureau of Justice Statistics, Prisoners in 2009, 34 App. Table 20
(2010). This figure refers to convicted prisoners serving sentences and generally excludes pretrial detainees held in
jails.

35	

Detention Watch Network, The Influence of the Private Prison Industry in Immigration Detention, www.
detentionwatchnetwork.org/privateprisons.

36	

Corrections Corporation of America, 2010 Letter to Shareholders 1 (2010) ($1.7 billion in 2010 CCA revenue); The GEO
Group, Inc., 2010 Annual Report 3, 20 (2010) ($1.27 billion in 2009 GEO revenue).

37	

Michael Ignatieff, A Just Measure of Pain: The Penitentiary in the Industrial Revolution, 1750-1850, 30 (1978).

38	

Id. at 52.

39	

John W. Roberts, Reform and Retribution: An Illustrated History of American Prisons 17 (1997).

40	

Id.

41	

Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness 31 (2010); see also Brigette Sarabi &
Edwin Bender, Western Prison Project and Western States Center, The Prison Payoff: The Role of Politics and Private Prisons
in the Incarceration Boom 1 (2000).

42	

Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness 31 (2010).

43	

John W. Roberts, Reform and Retribution: An Illustrated History of American Prisons 82 (1997).

44	

Abt Associates Inc., Private Prisons in the United States: An Assessment of Current Practice 4 (1998).

45	

Id. at 5 (stating that the federal government began contracting out immigration detention facilities to private firms
in 1979, which “provided the seedbed for the contemporary private imprisonment industry in the United States”);
Alex Friedmann, The Societal Impact of the Prison Industrial Complex, or Incarceration for Fun and Profit … Mostly Profit
(forthcoming chapter in And the Criminals With Him: Essays in Honor of Will D. Campbell and All the Reconciled (Ed. Richard
C. Goode)).

46	

See Ewing v. California, 538 U.S. 11 (2003).

47	

See Todd R. Clear, Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse 7 (2007).

48	

Id. at 6-7.

49	

Public Safety Performance, Public Safety, Public Spending: Forecasting America’s Prison Population 2007-2011, 11 (revised
June 2007).

50	

Bureau of Justice Statistics, Prison Population Counts, http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=131 (last viewed Jul.
24, 2011).

51	

Suzanne M. Kirchhoff, Congressional Research Service, Economic Impacts of Prison Growth (2010).

52	

United States Department of Justice, Bureau of Justice Statistics, Census of State and Federal Correctional Facilities, 1995 iv
(1997). The figures in this paragraph include prisons that hold people who have been convicted. The figures generally
do not include pre-trial detainees held in jails or immigration detainees held in immigration detention facilities.

53	

United States Department of Justice, Bureau of Justice Statistics, Census of State and Federal Correctional Facilities, 1995 iv
(1997); Heather C. West, et al., United States Department of Justice, Bureau of Justice Statistics, Prisoners in 2009, 33 App.
Table 19 (2010).

54	

Corrections Corporation of America, 2010 Annual Report on Form 10-K 19-20 (2010) (emphasis removed); see also Judith
Greene, Banking on the Prison Boom, in Prison Profiteers: Who Makes Money From Mass Incarceration 3 (Tara Herivel &
Paul Wright ed. 2007).

55	

The Geo Group, Inc., Form 10-K Annual Report For the Fiscal Year Ended January 2, 2011, 33 (emphasis removed). The
private prison industry has denied claims that it is “motivated to take proactive steps in pursuing legislation to keep
their private facilities filled.” The Sentencing Project, Prison Privatization and the Use of Incarceration 4 (January 2002;
updated September 2004).

56	

Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness 6-7 (2010); The Pew Center on the
States, One in 100: Behind Bars in America 2008, 35 (2008); Todd R. Clear, Imprisoning Communities: How Mass Incarceration

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Makes Disadvantaged Neighborhoods Worse 6-7, 9-10 (2007); Greg Bluestein, Associated Press, State Budget Crises Push
Sentencing Reforms, Boston Globe, Apr. 2, 2011; Judith Greene & Marc Mauer, The Sentencing Project, Downscaling Prisons:
Lessons from Four States 1-2 (2010); American Civil Liberties Union, Smart Reform Is Possible: States Reducing Incarceration
Rates and Costs While Protecting Communities (2011).
57	

The GEO Group Inc., Historic Milestones, http://www.thegeogroupinc.com/history.asp (last viewed Oct. 11, 2011); Abt
Associates Inc, Private Prisons in the United States: An Assessment of Current Practice 5 (1998).

58	

Corrections Corporation of America, 2010 Letter to Shareholders 1 (2010) (($1.7 billion in 2010 CCA revenue); The GEO
Group, Inc., 2010 Annual Report 3, 20 (2010) ($1.27 billion in 2009 GEO revenue).

59	

Meredith Kolodner, Private Prisons Expect a Boom; Immigration Enforcement to Benefit Detention Companies, N.Y. Times,
Jul. 19, 2006.

60	

The vast majority of this taxpayer money no doubt came from taxpayers in the United States. CCA does not operate
prisons outside of the United States; GEO operates a limited number of prisons in South Africa, the United Kingdom,
and Australia, but a far greater number in the United States. Corrections Corporation of America, CCA Facility Locations,
http://www.cca.com/facilities (last visited Oct. 6, 2011); The GEO Group, Global Operations, http://www.thegeogroupinc.
com/locations.asp (last visited Oct. 6, 2011).

61	

Morningstar, Corrections Corporation of America, Key Executive Compensation, http://insiders.morningstar.com (under
“search insiders by ticker,” search for “CXW”); Morningstar, The GEO Group, Inc., Key Executive Compensation, http://
insiders.morningstar.com (under “search insiders by ticker,” search for “GEO”).

62	

American Legislative Exchange Council, History, http://www.alec.org/AM/Template.cfm?Section=History&Template=/CM/
HTMLDisplay.cfm&ContentID=1364 (last viewed July 8, 2011).

63	

Laura Sullivan, Shaping State Laws With Little Scrutiny, National Public Radio, Oct. 29, 2010 (“Videos and photos from
one recent ALEC conference show banquets, open bar parties and baseball games – all hosted by corporations. Tax
records show the group spent $138,000 to keep legislators’ children entertained for the week.”). See also American
Association for Justice, ALEC: Ghostwriting the Law for Corporate America 4 (2010).

64	

American Legislative Exchange Council, Legislative Membership, (last viewed Jul. 7, 2011), http://www.alec.org/AM/
Template.cfm?Section=Legislative_Membership&Template=/CM/HTMLDisplay.cfm&ContentID=15995.

65	

Laura Sullivan, Shaping State Laws With Little Scrutiny, National Public Radio, Oct. 29, 2010.

66	

Id. (“Here’s how it works: ALEC is a membership organization. State legislators pay $50 a year to belong. Private
corporations can join, too … [Some] pay tens of thousands of dollars a year. Tax records show that corporations
collectively pay as much as $6 million a year.”); American Association for Justice, ALEC: Ghostwriting the Law for Corporate
America 5 (2010); Karen Olsson, Ghostwriting the Law: A Little-Known Corporate Lobby is Drafting Business-Friendly Bills
for State Legislators Across the Country, Mother Jones, Sept.-Oct. 2002.

67	

Dennis Bartlett, American Legislative Exchange Council, 1997, quoted in Defenders of Wildlife & Natural Resources
Defense Council, Corporate America’s Trojan Horse in the States: The Story Behind the American Legislative Exchange Council 8
(2002).

68	

Karen Olsson, Ghostwriting the Law: A Little-Known Corporate Lobby is Drafting Business-Friendly Bills for State
Legislators Across the Country, Mother Jones, Sept.-Oct. 2002; Laura Sullivan, Shaping State Laws With Little Scrutiny,
National Public Radio, Oct. 29, 2010.

69	

Bob Ortega, Political Ties Give Leverage to CCA, Ariz. Republic, Sept. 4, 2011; Karen Olsson, Ghostwriting the Law:
A Little-Known Corporate Lobby is Drafting Business-Friendly Bills for State Legislators Across the Country, Mother
Jones, Sept.-Oct. 2002; Beau Hodai, Corporate Con Game: How the Private prison Industry Helped Shape Arizona’s AntiImmigrant Law, In These Times, June 21, 2010; Justice Policy Institute, Gaming the System: How the Political Strategies of
Private Prison Companies Promote Ineffective Incarceration Policies 29 (2011); In the Public Interest, Private Prisons vs.
the Public Interest, (last viewed Oct. 7, 2011); http://org2.democracyinaction.org/o/6488/t/0/blastContent.jsp?email_
blast_KEY=1161818; see also generally Mike Elk & Bob Sloan, The Hidden History of ALEC and Prison Labor, The Nation,
Aug. 1, 2011.

70	

Brigette Sarabi & Edwin Bender, Western Prison Project &Western States Center, The Prison Payoff: The Role of Politics and
Private Prisons in the Incarceration Boom 4 (2000).

71	

Michael Hotra, Getting Tough Works: Old Strategies Are the Weapons in the New War on Crime, American Legislative
Exchange Council, Oct. 9, 1996, at 8.

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72	

The Sentencing Project, Prison Privatization and the Use of Incarceration 4 (2004).

73	

Bob Ortega, Political Ties Give Leverage to CCA, Ariz. Republic, Sept. 4, 2011.

74	

Id.; see also Karen Olsson, Ghostwriting the Law: A Little-Known Corporate Lobby is Drafting Business-Friendly Bills for
State Legislators Across the Country, Mother Jones, Sept.-Oct. 2002.

75	

The Sentencing Project, Prison Privatization and the Use of Incarceration 5 (2004).

76	

American Legislative Exchange Council, History, http://www.alec.org/AM/Template.cfm?Section=History&Template=/CM/
HTMLDisplay.cfm&ContentID=1364 (last viewed July 8, 2011) (emphasis added).

77	

American Legislative Exchange Council, Volume I: Sourcebook of American State Legislation 1995, at 144 (1995) (emphasis
added).

78	

Id. at 145.

79	

Brigette Sarabi & Edwin Bender, Western Prison Project &Western States Center, The Prison Payoff: The Role of Politics and
Private Prisons in the Incarceration Boom 4 (2000).

80	

Bob Ortega, Political Ties Give Leverage to CCA, Ariz. Republic, Sept. 4, 2011.

81	

Detention Watch Network, The Influence of the Private Prison Industry in Immigration Detention, (last visited Oct. 7,
2011), http://www.detentionwatchnetwork.org/privateprisons).

82	

Chad C. Haddal & Alison Siskin, Congressional Research Service, Immigration-Related Detention: Current Legislative Issues 12
(2010).

83	

Id. at 11.

84	

Id. at 12.

85	

Judy Greene & Sunita Patel, The Immigrant Gold Rush: The Profit Motive Behind Immigration Detention (submitted
to the U.N. Special Rapporteur on the Human Rights of Migrants). In another account of what appears to be the
same telephone call, the head of the company is reported as instead saying: “I think it’s clear that with the events of
September 11 there’s a heightened focus on detention, both on the borders and within the US. … So I would say the
events of September 11, um, let me back up. The federal business is the best business for us. It’s the most consistent
business for us, and the events of September 11 is increasing that level of business.” Prison Privitisation Report
International, No. 44, Nov. 2011, at 5-6 (on file with author).

86	

Chad C. Haddal & Alison Siskin, Congressional Research Service, Immigration-Related Detention: Current Legislative Issues 12
(2010).

87	

American Civil Liberties Union, What Happens in Arizona Stays in Arizona, http://www.aclu.org/what-happens-arizonastops-arizona (last visited Oct. 7, 2011); see also Daniel Gonzalez, Senate Bill 1070: One Year Later, Ariz. Republic, Apr.
23, 2011. A federal court in Arizona later ruled that much of SB 1070 is unconstitutional and enjoined enforcement
of the law, and the Ninth Circuit affirmed the ruling. American Civil Liberties Union, Frequently Asked Questions – Update
on Legal Challenges to Arizona’s Racial Profiling Law (SB 1070), http://www.aclu.org/immigrants-rights-racial-justice/
frequently-asked-questions-update-legal-challenges-arizonas-racial-. (last viewed Oct. 3, 2011).

88	

Seth Freed Wessler, Bills Modeled After Arizona’s SB 1070 Spread Through States, Colorlines, Mar. 2, 2011.

89	

Beau Hodai, Corporate Con Game: How the Private Prison Industry Helped Shape Arizona’s Anti-Immigrant Law, In These
Times, June 21, 2010; see also Daniel Gonzalez, Senate Bill 1070: One Year Later, Ariz. Republic, Apr. 23, 2011.

90	

Alia Beard Rau & Casey Newton, Sen. Russell Pearce: SB 1070 Story ‘A Lie,’ Ariz. Republic, Oct. 29, 2010.

91	

Laura Sullivan, Prison Economics Help Drive Ariz. Immigration Law, National Public Radio, Oct. 28, 2010; Nate Rau, Ariz.
Immigration Law Pushed for TN, The Tennessean, Dec. 5, 2010. But see Alia Beard Rau & Casey Newton, Sen. Russell
Pearce: SB 1070 Story ‘A Lie,’ Ariz. Republic, Oct. 29, 2010.

92	

Richard A. Oppel, Jr., Private Prisons Found To Offer Little in Savings, N.Y. Times, May 18, 2011 (“The conviction that
private prisons save money helped drive more than 30 states to turn to them for housing inmates … [M]any politicians
have promised to ease budget problems by trimming state agencies. Florida and Ohio are planning major shifts
toward private prisons, and Arizona is expected to sign deals doubling its private-inmate population”); D.M. Levine,
What’s Costlier Than A Government Run Prison? A Private One, CNN, Aug. 18, 2010 (“In recent years, the trend toward

AMERICAN CIVIL LIBERTIES UNION

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privatization, both among state governments and at the federal level has been part of an attempt to address serious
budget troubles and crisis-level prison overcrowding by outsourcing more and more corrections operations to private
companies. The move has translated into big business for industry leaders like Corrections Corporation of America …
[and] The Geo Group …”); Scott Hiaasen, Effort to Privatize Florida Prisons Raises Questions of Cost, Miami Herald, Apr.
24, 2011 (stating that further prison privatization in Florida “is needed, backers say, to rein in the prison system’s
budget – which totaled $2.3 billion last year – at a time of mammoth deficits.”).
93	

Corrections Corporation of America, Partnering with CCA, http://www.cca.com/partnering-with-cca/ (last viewed Sept. 13,
2011).

94	

The GEO Group, GEO Advantages, http://www.geogroup.com/benefitsAdvantages.asp (last viewed Sept. 13, 2011);
see also Emerald Companies, Correctional Management, http://www.emeraldcompanies.com/divisions/corr_mgmt.
htm (last viewed Oct. 13, 2011) (“Emerald Correctional Management … is dedicated to meeting the collective needs
of governmental public safety and criminal justice agencies (U.S. Marshal, ICE, BOP, state and county) in their
endeavors to deliver competent, cost-effective and secure correctional facilities management and financing.”)
(emphasis added); Management & Training Corporation, Corrections Overview, http://www.mtctrains.com/
corrections/corrections-overview (last viewed Oct. 13, 2011) (“MTC’s proven performance and high integrity provide
delivery of quality services to customers through innovation, adaptability and cost effectiveness.”) (emphasis added);
Bob Ortega, Arizona Prison Businesses Are Big Political Contributors, Ariz. Republic, Sept. 4, 2011; James Austin & Garry
Coventry, United States Department of Justice, Emerging Issues on Privatized Prisons 15 (2001) (“Representatives of privatesector firms assert that they can save taxpayers money by providing correctional services traditionally supplied by
government at less cost.”).

95	

See infra at 23-31.

96	

See, e.g., Judith Greene & Marc Mauer, Downscaling Prisons: Lessons from Four States 1-2 (2010); American Civil Liberties
Union, Smart Reform Is Possible: States Reducing Incarceration Rates and Costs While Protecting Communities 5-7 (2011).

97	

Corrections Corporation of America, 2010 Annual Report on Form 10-K 18, 20 (2010). For the full text of this paragraph,
which is excerpted above, see supra n.5.

98	

State of Arizona, Office of the Auditor General, Report No. 10-08, Department of Corrections-Prison Population Growth
19-20 (2010) (citing Arizona Department of Corrections, FY 2009 Operating Per Capita Cost Report: Cost Identification and
Comparison of State and Private Contract Beds (2010)).

99	

Bob Ortega, Arizona To Expand Private Prisons, Ariz. Republic, Jul. 3, 2011.

100	

See, e.g., Leonard C. Gilroy et al., Reason Found. & Howard Jarvis Taxpayers Found., Public-Private Partnerships for
Corrections in California: Bridging the Gap Between Crisis and Reform (2010); see also Dina Perrone & Travis C. Pratt,
Comparing the Quality of Confinement and Cost-Effectiveness of Public Versus Private Prisons: What We Know, Why We
Do Not Know More, and Where To Go from Here, 83 Prison J. 301, 315-16 (2003) (reviewing cost studies and stating,
“neither side of the correctional privatization debate should, at this time, be able to legitimately claim that the weight
of the empirical evidence is on their side.”).

101	

State of Arizona, Office of the Auditor General, Report No. 10-08, Department of Corrections: Prison Population Growth 1920 (2010).

102	

State of Hawaii, The Auditor General, Report No. 10-10, Management Audit of the Department of Public Safety’s Contracting
for Prison Beds and Services: A Report to the Governor and the Legislature of the State of Hawai’i 16 (2010).

103	

Memorandum from the Legal Review Comm. to the Corr. Facility Evaluation Task Force (Nov. 3, 2010) (emphasis
added) (on file with author).

104	

Gov’t Accountability Office, GAO-08-8, Cost of Prisons: Bureau of Prisons Needs Better Data to Assess Alternatives for
Acquiring Low and Minimum Security Facilities 2, 4 (2007).

105	

Brad Lundahl et al., Utah Criminal Justice Center, Prison Privatization: A Meta-Analysis of Cost Effectiveness and Quality of
Confinement Indicators 20 (2007).

106	

Final Declaratory and Injunctive Judgment at 6, Baiardi v. Tucker, No. 2011 CA 1838 (Fla. Cir. Ct. Sept. 30, 2011).

107	

Id. at 4-5.

108	

Mary Ellen Klas, Grand Jury Probes Panhandle Private Prison Deal, Miami Herald, Oct. 9, 2011. For further discussions
of supposed cost savings, see Richard Culp, The Failed Promise of Prison Privatization, Prison Legal News, Oct. 2011, at

AMERICAN CIVIL LIBERTIES UNION

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1, 8 (“The big promises of prison privatization – less cost, higher quality – have simply not materialized …. If a quarter
century of experience with prison privatization has not led to better quality and cost outcomes, it is time to take a
more sane approach.”); Harley G. Lappin et al., United States Department of Justice, Evaluation of the Taft Demonstration
Project: Performance of a Private-Sector Prison and the BOP 34 (2005) (“The evidence produced by the cost and quality
studies for [a federal prison] suggest that the cost of operating [the prison] was comparable whether [a private prison
company] operated the [the prison] or the BOP operated the prison.”); Richard A. Oppel, Jr., Private Prisons Found To
Offer Little in Savings, N.Y. Times, May 18, 2011.
109	

See supra n.100.

110	

Dara Kam, Ethics Board Fines UF Professor $20,000, Sarasota Herald-Trib., Oct. 22, 1999. See also Andrew L. Spivak &
Susan F. Sharp, Inmate Recidivism as a Measure of Private Prison Performance, 54 Crime & Delinquency 482, 489 (2008);
Judith Greene, Bailing Out Private Jails, Am. Prospect, Sept. 9, 2001; Kevin Pranis, Private Corr. Inst., Cost-Saving or CostShifting: The Fiscal Impact of Prison Privatization in America 8 (n.d.); Philip Mattera et al., Grassroots Leadership, Corrections
Corporation of America: A Critical Look at its First Twenty Years 3 (2003); Editorial, Private Prison Problems, St. Petersburg
Times, Oct. 27, 2000.

111	

In re Charles W. Thomas, No. 99-21, (Fla. Ethics Comm. Oct. 21, 1999) (final order and pub. report).

112	

The GEO Group Inc., Community Involvement, http://www.thegeogroupinc.com/communityinvolvement.asp (last viewed
Sept. 13, 2011).

113	

Corrections Corporation of America, Economic Development and Community Outreach with CCA, http://www.correctionscorp.
com/economic-development (last viewed Sept. 13, 2011).

114	

Gregory Hooks et al., Revisiting the Impact of Prison Building on Job Growth: Education, Incarceration, and County-Level
Employment, 1976-2004, 91 Social Science Q. 228, 240 (2010).

115	

Clayton Mosher, Gregory Hooks & Peter B. Wood, Don’t Build it Here: The Hype Versus the Reality of Prisons and Local
Employment in Prison Profiteers: Who Makes Money From Mass Incarceration 90, 91-92 (Tara Herivel & Paul Wright eds.,
2007).

116	

Ryan S. King, Marc Mauer & Tracy Huling, The Sentencing Project, Big Prisons, Small Towns: Prison Economics in Rural
America 2 (2003).

117	

Philip Mattera & Mafruza Khan, Good Jobs First, Jail Breaks: Economic Development Subsidies Given To Private Prisons v
(2001); see also Tom Barry, A Death in Texas: Profits, Poverty, and Immigration Converge, Boston Rev., Nov.-Dec. 2009.

118	

Philip Mattera & Mafruza Khan, Good Jobs First, Jail Breaks: Economic Development Subsidies Given To Private Prisons, v
(2001).

119	

Tom Barry, A Death in Texas: Profits, Poverty, and Immigration Converge, Boston Rev., Nov.-Dec. 2009; Eric Schlosser,
The Prison-Industrial Complex, The Atlantic, Dec. 1998.

120	

State of Arizona, Office of the Auditor General, Report No. 10-08, Department of Corrections: Prison Population Growth 20
(2010).

121	

Leslie Berestein, Detention Dollars: Tougher Immigration Laws Turn the Ailing Private Prison Sector into a Revenue
Maker, San Diego Union-Trib., May 4, 2008.

122	

John Burnett, Private Prison Promises Leave Texas Towns in Trouble, National Public Radio, Mar. 28, 2011 (“The packages
look sweet. A town gets a new detention center without costing the taxpayers anything. The private operator finances,
constructs and operates an oversized facility. The contract inmates pay off the debt and generate extra revenue.
The economic model works fine until they can’t find inmates.”); Kyle Pope, Executives Dropped from Prison Project/
Pair Connected to Scandal in Texas, Houston Chron. Mar. 6, 1992; Kevin Pranis, Doing Borrowed Time: The High Cost of
Backdoor Prison Finance, in Prison Profiteers: Who Makes Money from Mass Incarceration 36, 50-51 (Tara Herivel & Paul
Wright ed., 2007); Matthew Reichbach, Private Prison Developer Behind Montana Fiasco Involved in Construction of NM
Private Prisons, New Mexico Indep., Oct. 12, 2009; Will Swarts, Jail Bonds Can’t Bar Defaults, SmartMoney, Sept. 1, 2010.

123	

Mike Stark, Detention Facility Would Offer Hardin 150 Jobs, Billings Gazette, July 22, 2004; Ruffin Prevost, Bond Default
Could Hinder Future Projects, Billings Gazette, Oct. 18, 2009.

124	

Jennifer McKee, Empty Hardin Jail Puts New Director in Tough Spot, The Missoulian, Jan. 11, 2010.

125	

Mike Stark, Detention Facility Would Offer Hardin 150 Jobs, Billings Gazette, July 22, 2004.

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126	

Ruffin Prevost, Bond Default Could Hinder Future Projects, Billings Gazette, Oct. 18, 2009.

127	

Jennifer McKee, Empty Hardin Jail Puts New Director in Tough Spot, The Missoulian, Jan. 11, 2010.

128	

Matthew Brown, Montana Town Eager To Put Gitmo Inmates in Its Jail, Deseret News, May 31, 2009.

129	

Ruffin Prevost, Bond Default Could Hinder Future Projects, Billings Gazette, Oct. 18, 2009; Sarah Gravlee, Hardin Jail
Then and Now – Financing, KULR-8 News, Nov. 18, 2009.

130	

Jennifer McKee, Empty Hardin Jail Puts New Director in Tough Spot, The Missoulian, Jan. 11, 2010.

131	

Becky Shay, Jail Backers Rally Business Community, Billings Gazette, Dec. 11, 2007.

132	

Jennifer McKee & Matthew Brown, Hardin Agency Fixing Pipes in Jail, Billings Gazette, June 24, 2010.

133	

Lorna Thackeray, Producers Eye Empty Hardin Jail for Reality TV Show, Billings Gazette, Jan. 13, 2011.

134	

Media accounts refer variously to this group as “American Police Force” and “American Private Police Force.” This
report refers to the group as “American Police Force.”

135	

Jennifer McKee, Empty Hardin Jail Puts New Director in Tough Spot, The Missoulian, Jan. 11, 2010.

136	

Lorna Thackeray, Producers Eye Empty Hardin Jail for Reality TV Show, Billings Gazette, Jan. 13, 2011.

137	

Becky Shay, Hardin Agency’s Exec Put on Leave, Billings Gazette, Sept. 16, 2009.

138	

Jennifer McKee, Empty Hardin Jail Puts New Director in Tough Spot, The Missoulian, Jan. 11, 2010.

139	

Matthew Brown, Company Run by Ex-con Drops Montana Jail Plan, Seattle Times, Oct. 9, 2009.

140	

Matthew Brown, Security Firm’s Deal for Filling Empty Montana Jail Is Raising Questions, Deseret News, Sept. 13, 2009.

141	

Montana Town Wants Its Empty Jail to be the New Guantanamo Bay, Fox News, Apr. 23, 2009; Editorial, After Guantanamo,
Bangor Daily News, July 9, 2009.

142	

Jennifer McKee, Two Rivers Board Considered Many Options for Hardin Jail, Billings Gazette, Oct. 9, 2009.

143	

Lorna Thackeray, Producers Eye Empty Hardin Jail for Reality TV Show, Billings Gazette, Jan. 13, 2011.

144	

Mike Stark, Detention Facility Would Offer Hardin 150 Jobs, Billings Gazette, July 22, 2004.

145	

Corplan Corrections, http://www.corplancorrections.com/ (last visited June 27, 2011).

146	

Management & Training Corporation, MTC Keys to Success, http://www.mtctrains.com/corrections/mtc-keys-tosuccess (last visited Oct. 6, 2011).

147	

The GEO Group, Culture, http://www.thegeogroupinc.com/culture.asp (last visited Oct. 6 2011).

148	

Corrections Corporation of America, Safety and Security with CCA, http://www.cca.com/facility-operations/security/
(last viewed Oct. 13, 2011).

149	

See, e.g., Scott D. Camp & Dawn M. Daggett, Quality of Operations at Private and Public Prisons: Using Trends in Inmate
Misconduct To Compare Prisons 26 (2005) (“The results demonstrated that the private prison did not perform as well as
the three comparison prisons in the public sector, on the whole. For certain measures, the performance of the private
prison was exemplary, as was noted for violent misconduct and security-related misconduct. For the other forms of
misconduct, the results were less favorable for the private prison.”); Dina Perrone & Travis C. Pratt, Comparing the
Quality of Confinement and Cost-Effectiveness of Public Versus Private Prisons: What We Know, Why We Do Not Know
More, and Where To Go from Here, 83 Prison J. 301, 309 (2003) (summarizing prior studies comparing private and
governmental prisons and stating “[i]nconclusive results were also found in the domain of safety.”).

150	

Curtis R. Blakely & Vic W. Bumphus, Private and Public Sector Prisons – A Comparison of Select Characteristics, 68 Fed.
Probation 27, 30 (2004).

151	

James Austin & Garry Coventry, U.S. Dep’t of Justice, Emerging Issues on Privatized Prisons 52 (2001). The study noted that
“[t]hese differences may be related to other factors such as reporting standards or the fact that correctional facilities
often experience management difficulties when they are newly opened,” but that “insufficient training for and lack of
qualified staff in key positions may also be a valid explanation for these differences.” Id.

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152	

Scott D. Camp and Gerald G. Gaes, Federal Bureau of Prisons, Growth and Quality of U.S. Private Prisons: Evidence from a
National Survey 9 (2001).

153	

Harley G. Lappin et al., U.S. Dep’t of Justice, Evaluation of the Taft Demonstration Project: Performance of a Private-Sector
Prison and the BOP 47, 48 (2005).

154	

Id at x.

155	

Henry K. Lee, California Convicts Brawl in Oklahoma Prison, San Francisco Chron., Oct. 13, 2011.

156	

Press Release, U.S. Dep’t of Justice, Former T. Don Hutto Correction Center Employee Pleads Guilty to Civil Rights
Charges (Sept. 7, 2011) (on file with author).

157	

Shannon Wolfson & Erin Cargile, Former Guard Takes Plea Deal for Abuse, KXAN, Nov. 9, 2010.

158	

Complaint at 5, Doe v. Neveleff, No. 1:11-cv-00907 (W.D. Tex. Oct. 19, 2011).

159	

Press Release, U.S. Dep’t of Justice, Former Willacy Detention Contract Security Officer Pleads Guilty to Sexual Abuse of
a Female Detainee in Texas (Aug. 4, 2011) (on file with author).

160	

Ian Urbina, Hawaii To Remove Inmates Over Abuse Charges, N.Y. Times, Aug. 25, 2009.

161	

Patsy R. Brumfield, Walnut Grove Called ‘The Depths of Hell,’ Nems360.com, May 17, 2011.

162	

John Burnett, Town Relies on Troubled Youth Prison for Profits, National Public Radio, Mar. 25, 2011.

163	

Id.

164	

Id.

165	

Complaint ¶ 2, C.B. v. Walnut Grove Correctional Authority, No. 3:10cv663 (S.D. Miss. Nov. 16, 2010).

166	

Tracey Dalzell Walsh, Brutal Youth Jail Called a Private Gold Mine, Courthouse News Service, Nov. 18, 2010.

167	

Bob Campbell, Dead Man’s Family Seeks Answers in Wake of Prison Riots, Midland Rep.-Telegram, June 17, 2009; Tom
Barry, A Death in Texas: Profits, Poverty, and Immigration Converge, Boston Rev., Nov.-Dec. 2009; First Amended
Complaint ¶¶ 1-2, Galindo v. Reeves County, No. 3:10-cv-00454 (W.D. Tex. Aug. 8, 2011).

168	

First Amended Complaint ¶ 5, Galindo v. Reeves County, No. 3:10-cv-00454 (W.D. Tex. Aug. 8, 2011).

169	

Tom Barry, A Death in Texas: Profits, Poverty, and Immigration Converge, Boston Rev., Nov.-Dec. 2009; First Amended
Complaint ¶¶ 1-2, Galindo v. Reeves County, No. 3:10-cv-00454 (W.D. Tex. Aug. 8, 2011).

170	

First Amended Complaint ¶¶ 1, 136, 141, Galindo v. Reeves County, No. 3:10-cv-00454 (W.D. Tex. Aug. 8, 2011).

171	

Forest Wilder, The Pecos Insurrection: How a Private Prison Pushed Immigrant Inmates to the Brink, Tex. Observer, Oct. 7,
2009.

172	

Letter from Ralph F. Boyd, Jr., Assistant Attorney General, to Jack Sullivan, County Commission Chairman (Mar. 6,
2003) (on file with author).

173	

Editorial, Our View: Another Lesson from “Gladiator School,” Idaho Statesman Oct. 11, 2011; Rebecca Boone, Idaho
Inmates Settle Lawsuit Over Prison Violence, Omaha World Herald, Sept. 20, 2011.

174	

Letter from Randy Blades, Warden, Idaho Department of Correction, to Phillip Valdez, Warden, Idaho Correctional
Center 1 (Aug. 28, 2008) (on file with author).

175	

Amended Class Action Complaint for Declaratory and Injunctive Relief ¶¶ 1-2, Riggs v. Valdez No. 1:09-cv-0010-BLW
(D. Idaho Mar. 11, 2010).

176	

Rebecca Boone, Prison Violence: At ‘Gladiator School,’ Help Never Comes, Salt Lake Trib., Dec. 10, 2010. The video is
available at http://blogs.seattleweekly.com/dailyweekly/2010/11/video_shows_idaho_prison_guard.php.

177	

Settlement Agreement ¶¶ 2, 4, Kelly v. CCA, No. 1:11-cv-00185 (Sept. 16, 2011), available at http://www.acluidaho.org/
images/Settlement_Agreement.pdf; Rebecca Boone, Idaho Inmates Settle Lawsuit Over Prison Violence, Omaha World
Herald, Sept. 20, 2011.

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178	

David Shichor, Punishment for Profit: Private Prisons/Public Concerns 187 (1995); see also James Austin & Garry Coventry,
U.S. Dep’t of Justice, Emerging Issues on Privatized Prisons 17 (2001) (noting that “[c]ritics of prison privatization argue
that firms will cut corners, from construction materials to hiring inexperienced personnel, forsaking security and
quality of service in the process of making a profit … [O]ne of the central concerns raised by critics of correctional
privatization is that firms motivated by financial gain might make decisions that enhance profits at the expense
of the rights and well-being of inmates. History shows that privately operated prison facilities were plagued by
problems associated with the quest for higher earnings. The profit motive produced such abominable conditions and
exploitation of the inmates that public agencies were forced to assume responsibility.”) (citation omitted).

179	

Scott D. Camp and Gerald G. Gaes, Federal Bureau of Prisons, Growth and Quality of U.S. Private Prisons: Evidence from a
National Survey 3, 9 (2001).

180	

Curtis R. Blakely & Vic W. Bumphus, Private and Public Sector Prisons – A Comparison of Select Characteristics, 68 Fed.
Probation 27, 29 (2004).

181	

Id. at 30.

182	

Scott D. Camp & Gerald G. Gaes, Federal Bureau of Prisons, Growth and Quality of U.S. Private Prisons: Evidence from a
National Survey 16 (2001).

183	

Id. at 18.

184	

JJ Hensley et al., Arizona Prisoners’ Risk Ratings in Question, Ariz. Republic, Aug. 23, 2010; Jim Robbins, Arizona Prison
Escapee is Captured, N.Y. Times, Aug. 9, 2010.

185	

Jim Robbins, Arizona Prison Escapee is Captured, N.Y. Times, Aug. 9, 2010; JJ Hensley and Ginger Rough, Kingman
Prison Still Under Scrutiny, Ariz. Republic, Jan. 30, 2011; Bob Ortega, Arizona Prison Oversight Lacking for Private
Facilities, Ariz. Republic, Aug. 7, 2011.

186	

Jim Robbins, Arizona Prison Escapee is Captured, N.Y. Times, Aug. 9, 2010.

187	

JJ Hensley, Report Rips Private Ariz. Prison After Escape, U.S.A. Today, Aug. 20, 2010.

188	

See JJ Hensley & Ginger Rough, Kingman Prison Still Under Scrutiny, Ariz. Republic, Jan. 30, 2011; Bob Ortega, Security
Lapses Found at All of Arizona’s Prisons, Ariz. Republic, Jun. 26, 2011.

189	

JJ Hensley et al., Arizona Prisoners’ Risk Ratings in Question, Ariz. Republic, Aug. 23, 2010.

190	

Security Assessment, ASP-Kingman August 4-6, 2010, Memorandum from Therese Schroeder, Security Operations
Administrator, to Charles L. Ryan, Director, Arizona Department of Corrections 9 (Aug. 18, 2010) (on file with author).

191	

Id. at 8.

192	

Id. at 9.

193	

Id. at 20.

194	

Id. at 3.

195	

Id. at 4.

196	

Management & Training Corporation, At-a-Glance Corrections Facts (2011) (on file with author); Management & Training
Corporation, Correctional Facilities, http://www.mtctrains.com/locations/correctional-facilities (last visited Oct. 7,
2011); Bob Ortega, Arizona Prison Oversight Lacking for Private Facilities: State Weighs Expansion Even as Costs Run
High, Ariz. Republic, Aug. 7, 2011.

197	

David Shichor, Punishment for Profit: Private Prisons/Public Concerns 153 (1995).

198	

Statements compiled by the Private Corrections Working Group Website, www.privateci.org/religion.html (last viewed
July 7, 2011) (source for all quotations from religious groups cited).

199	

Andrew L. Spivak & Susan F. Sharp, Inmate Recidivism as a Measure of Private Prison Performance, 54 Crime &
Delinquency 503 (2008). Earlier studies of Florida prisons had found “some degree of support for a lower rate of
recidivism among private prison inmates.” Id. at 488-89.

200	

Lindsey Davis et al., Pennsylvania Judge Convicted in Alleged ‘Kids for Cash’ Scheme, ABC News, Feb. 21, 2011. The jury
acquitted Ciavarella of other counts, including bribery and extortion. Id.

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201	

Id.

202	

Trish Wilson, Luzerne County ‘Cash for Kids’ Defendants Finding Wheels of Justice Spin Slowly, Philadelphia Inquirer, Jun.
27, 2010.

203	

Dave Janoski, Ciavarella Moved to Federal Prison in Illinois, Times-Tribune, Sept. 13, 2011.

204	

Lindsey Davis et al., Pennsylvania Judge Convicted in Alleged ‘Kids for Cash’ Scheme, ABC News, Feb. 21, 2011.

205	

Id.

206	

Id.

207	

Id.

208	

Id.

209	

Editorial, Shouldn’t Delay Justice, Philadelphia Inquirer, Aug. 11, 2010.

210	

Lindsey Davis et al., Pennsylvania Judge Convicted in Alleged ‘Kids for Cash’ Scheme, ABC News, Feb. 21, 2011.

211	

In re Expungement of Juvenile Records and Vacatur of Luzerne County Juvenile Court Consent Decrees or Adjudications
from 2003-2008, No. 81 MM 2008, at *5-*6 (Pa. Oct. 29, 2009) (emphasis added).

212	

Lisa Demer, Legislators Weigh Cost of Contractor Operating New Prison, Anchorage Daily News, Feb. 10, 2010; Lisa
Demer, Senator Remembers Corruption Fighter Dee Hubbard, Anchorage Daily News, Feb. 15, 2010.

213	

Plea Agreement at 3-4, United States v. Weimar, No. 3:08-cr-00089 (D. Alaska Aug. 11, 2008).

214	

Factual Basis for Plea at 3, United States v. Weimar, No. 3:08-cr-00089 (D. Alaska Aug. 11, 2008).

215	

Lisa Demer & Richard Mauer, Businessman Weimar Paid Candidate To Push Private Prison, Anchorage Daily News, Aug.
12, 2008.

216	

Lisa Demer, Weimar Goes to Prison; Montana Spread for Sale, Anchorage Daily News, Jan. 6, 2009.

217	

Tom Kizzia, Push for Private Prison Was Downfall, Anchorage Daily News, Aug. 12, 2008.

218	

Id.

219	

Factual Basis for Plea at 2, United States v. Weimar, No. 3:08-cr-00089 (D. Alaska Aug. 11, 2008).

220	

Lisa Demer & Richard Mauer, Businessman Weimar Paid Candidate To Push Private Prison, Anchorage Daily News, Aug.
12, 2008; Lisa Demer, Weimar Goes to Prison: Montana Spread for Sale, Anchorage Daily News, Jan. 7, 2009; Richard
Mauer, Judge Calls Hearing for Flip-Flopping Stevens Trial Witness, Anchorage Daily News, Nov. 26, 2008.

221	

Lisa Demer, Weimar Sentenced to Six Months, Anchorage Daily News, Nov. 13, 2008.

222	

Lisa Demer & Richard Mauer, Businessman Weimar Paid Candidate To Push Private Prison, Anchorage Daily News, Aug.
12, 2008.

223	

Factual Basis for Plea at 3, United States v. Weimar, No. 3:08-cr-00089 (D. Alaska Aug. 11, 2008).

224	

Sean Cockerham, Prison Costs Raise Concern, Anchorage Daily News, Mar. 15, 2009.

225	

Bill Weimar Begins Six-Month Sentence, Juneau Empire, Jan. 8, 2009.

226	

State of New Mexico Legislative Finance Committee, Review of Private Prison Contracts Penalty Assessment (2010); Trip
Jennings, Sen. Smith: Williams’ Work for GEO Casts ‘Cloud’ over Decision Not to Fine Firms, New Mexico Independent,
Sept. 21, 2010.

227	

Terry Frieden, Retiring Head of Federal Bureau of Prisons Apologizes for DUI Arrest, CNN, Mar. 30, 2011.

228	

Corrections Corporation of America, CCA Welcomes New CCO, Harley G. Lappin, available at www.insidecca.com/
inside-cca/cca-welcomes-new-cco-harley-g-lappin (last viewed July 6, 2011).

229	

Corrections Corporation of America, CCA Officers, http://www.cca.com/about/management-team/cca-officers/ (last
viewed Oct. 20, 2011).

230	

Letter from John Gage, National President, American Federation of Government Employees, to Honorable Patrick
Leahy, Chairman, Senate Judiciary Committee (Nov. 16, 2010) (on file with author).

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231	

U.S. Marshals Service, Stacia A. Hylton, Director, http://www.usmarshals.gov/contacts/bio/hylton.htm (last viewed
Oct. 21, 2011).

232	

Steve McGonigle, Fired TYC Monitors Had Worked for Facility’s Operator, Dallas Morning News, Oct. 12, 2007.

233	

Doug J. Swanson & Steve McGonigle, Seven TYC Workers Fired After Inmates Found Living in Filth, Dallas Morning News,
Oct. 3, 2007.

234	

Steve McGonigle, Fired TYC Monitors Had Worked for Facility’s Operator, Dallas Morning News, Oct. 12, 2007.

235	

Doug J. Swanson, TYC Investigates Staff for Ties to Jail Operator, Dallas Morning News, Oct. 6, 2007.

236	

Texas Youth Commission, Coke County Juvenile Justice Center Audit, at 4-7 (2007).

237	

Id. at 8-9.

238	

Chad C. Haddal & Alison Siskin, Congressional Research Service, Immigration-Related Detention: Current Legislative Issues
12 (2010) (immigration detainee numbers); Heather C. West, Et Al., United States Department of Justice, Bureau of
Justice Statistics, Prisoners in 2009, at 2 (2010) (prisoner numbers); Detention Watch Network, The Influence of the Private
Prison Industry in Immigration Detention (May 2011), available at http://www.detentionwatchnetwork.org/privateprisons
(lobbying).

239	

Detention Watch Network, The Influence of the Private Prison Industry in Immigration Detention (May 2011), http://www.
detentionwatchnetwork.org/privateprisons.

240	

Center for Responsive Politics, Annual Lobbying by Corrections Corporation of America, www.opensecrets.org/lobby/
firmsum.php?id=D000021940&year=2010 (last viewed Sept. 16, 2011).

241	

Justice Policy Institute, Gaming the System 26 (June 2011).

242	

Id. at 22.

243	

National Institute on Money In State Politics, Client Summary: Corrections Corporation of America, http://www.
followthemoney.org/database/lobbyistclient.phtml?lc=100552&y=0 (last viewed July 6, 2011). Note that the number of
lobbyists listed above “may include the same lobbyist working in multiple states.” Id.

244	

National Institute on Money In State Politics, Client Summary: GEO Group, http://www.followthemoney.org/database/
lobbyistclient.phtml?lc=100516&y=0 (last viewed Sept. 16, 2011). Note that the number of lobbyists listed above “may
include the same lobbyist working in multiple states.” Id.

245	

Justice Policy Institute, Gaming the System 16 (June 2011).

246	

Id. at 20-21.

247	

National Institute on Money In State Politics, Noteworthy Contributor Summary: Corrections Corp. of America, http://
www.followthemoney.org/database/topcontributor.phtml?u=695&y=0 (last viewed Sept. 16, 2011); National Institute
on Money In State Politics, Noteworthy Contributor Summary: GEO Group, http://www.followthemoney.org/database/
topcontributor.phtml?u=1096&y=0 (last viewed Sept. 16, 2011).

248	

National Institute on Money In State Politics, Noteworthy Contributor Summary: Corrections Corp. of America, http://
www.followthemoney.org/database/topcontributor.phtml?u=695&y=0 (last viewed Sept. 16, 2011); National Institute
on Money In State Politics, Noteworthy Contributor Summary: GEO Group, http://www.followthemoney.org/database/
topcontributor.phtml?u=1096&y=0 (last viewed Sept. 16, 2011).

249	

National Institute on Money In State Politics, Noteworthy Contributor Summary: GEO Group, http://www.
followthemoney.org/database/topcontributor.phtml?u=1096&y=0 (last viewed Sept. 16, 2011).

250	

Bob Ortega, Arizona To Expand Private Prisons, Arizona Republic, Jul. 3, 2011.

251	

Id.

252	

Office of the Arizona Auditor General, Prison Population Growth 19, 20 (2010) (citing Arizona Department of Corrections
analysis).

253	

Bob Ortega, Arizona To Expand Private Prisons, Arizona Republic, Jul. 3, 2011.

254	

Id.

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255	

Morgan Loew, Brewer Linked to Private Prisons Housing Illegal Immigrants, KPHO.com, Aug. 31, 2010 (updated Sept. 2,
2010).

256	

Id.

257	

E.g., Corrections Corporation of America, CCA’s 19th Annual Chairman’s Charity Golf Classic, Oct. 14, 2010, http://
www.correctionscorp.com/newsroom/news-releases/229/ (last viewed Sept. 21, 2011); Pen Pals: An Innovative Private
Program Teaming Rescued Dogs with Texas Inmates, 13 GEO World No. 4, 2007, at 8 (reprinted from the Fort Worth StarTelegram).

258	

Corrections Corporation of America, CCA Officers, www.correctionscorp.com/about/management-team/cca-officers/
(last viewed Sept. 21, 2011).

259	

Management & Training Corporation, Leaders, www.mtctrains.com/about-mtc/leaders (last viewed by author Sept.
21, 2011).

260	

Specifically, the author’s searches on CCA’s website for “gladiator,” “sexual abuse,” and “sexual assault” yielded no
relevant results. For a discussion of the sexual assault incidents and the prison dubbed the “Gladiator School,” see
supra at 24, 27.

261	

The GEO Group, Media Contacts, available at www.thegeogroupinc.com/InfoforMedia.asp (last viewed Sept. 21, 2011).

262	

Tom Barry, The Shadow Prison Industry and Its Government Enablers, available at www.cipamericas.org/archives/1995.

263	

Specifically, federal entities that incarcerate people, such as the Federal Bureau of Prisons and Department of
Homeland Security, undoubtedly qualify as “agenc[ies]” under the FOIA; records in the custody of governmentally
operated facilities are therefore subject to FOIA requests, enforceable through litigation in federal court. 5 U.S.C.
§ 552(a)(3)(A) (“[E]ach agency, upon any request for records … shall make the records promptly available to any
person.”); Id. § 552(f)(1) (defining “agency” as “any executive department, military department, Government
corporation, Government controlled corporation, or other establishment in the executive branch of the Government
(including the Executive Office of the President), or any independent regulatory agency…”); Berry v. U.S. Dep’t of
Justice, 733 F.2d 1343, 1344 (9th Cir. 1984) (stating that documents in BOP’s possession are “agency records”). By
contrast, private entities, such as for-profit prison companies, do not qualify as “agenc[ies]” under the FOIA, and
therefore are exempt from the disclosure requirements of the statute. 5 U.S.C. § 552(f)(1).

264	

Corrections Corporation of America, Schedule 14A, Proxy Statement to Section 14(a) of the Securities and Exchange
Act of 1934, at 29 (2007).

265	

Id at 31.

266	

Corrections Corporation of America, Form 10-Q for the Quarterly Period Ended June 30, 2007, at 40 (2007); see also
Geert De Lombaerde, Persistent Sisters Still at CCA’s Heels, Nashville Post, Apr. 7, 2009.

267	

Geert De Lombaerde, Persistent Sisters Still at CCA’s Heels, Nashville Post, Apr. 7, 2009.

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www.aclu.org

The imprisonment of human beings at record levels is both a moral failure and
an economic one—especially at a time when more and more Americans are
struggling to make ends meet and when state governments confront enormous
fiscal crises. This report finds, however, that mass incarceration provides a
gigantic windfall for one special interest group—the private prison industry—
even as current incarceration levels harm the country as a whole. While the
nation’s unprecedented rate of imprisonment deprives individuals of freedom,
wrests loved ones from their families, and drains the resources of governments,
communities, and taxpayers, the private prison industry reaps lucrative rewards.
As the public good suffers from mass incarceration, private prison companies
obtain more and more government dollars, and private prison executives at the
leading companies rake in enormous compensation packages, in some cases
totaling millions of dollars.