Pro and Con: Private Prisons (2024)

To access extended pro and con arguments, sources, and discussion questions about whether prisons should be privatized, go to ProCon.org.

Prison privatization generally operates in one of three ways:

Private companies provide services to a government-owned and managed prison, such as building maintenance, food supplies, or vocational training;
Private companies manage government-owned facilities; or
Private companies own and operate the prisons and charge the government to house inmates.

In the United States, private prisons have their roots in slavery. Some privately owned prisons held enslaved people while the slave trade continued after the importation of slaves was banned in 1807. Recaptured runaways were also imprisoned in private facilities as were black people who were born free and then illegally captured to be sold into slavery. Many plantations were turned into private prisons from the Civil War forward; for example, the Angola Plantation became the Louisiana State Penitentiary (nicknamed “Angola” for the African homeland of many of the slaves who originally worked on the plantation), the largest maximum-security prison in the country. In 2000, the Vann Plantation in North Carolina was opened as the private, minimal security Rivers Correctional Facility (operated by GEO Group), though the facility’s federal contract expired in Mar. 2021.

Inmates in private prisons in the 19th century were commonly used for labor via “convict leasing” in which the prison owners were paid for the labor of the inmates. According to the Innocence Project,Jim Crow lawsafter the Civil War ensured the newly freed black population was imprisoned at high rates for petty or nonexistent crimes in order to maintain the labor force needed for picking cotton and other labor previously performed by enslaved people. However, the practice of convict leasing extended beyond the American South. California awarded private management contracts forSan Quentin State Prisonin order to allow the winning bidder leasing rights to the convicts until 1860. Convict leasing faded in the early 20th century as states banned the practice and shifted to forced farming and other labor on the land of the prisons themselves.

What Americans think of now as a private prison is an institution owned by a conglomerate such as CoreCivic, GEO Group, LaSalle Corrections, or Management and Training Corporation. This sort of private prison began operations in 1984 in Tennessee and 1985 in Texas in response to the rapidly rising prison population during thewar on drugs. State-run facilities were overpopulated with increasing numbers of people being convicted for drug offenses. Corrections Corporation of America (now CoreCivic) first promised to run larger prisons more cheaply to solve the problems. In 1987, Wackenhut Corrections Corporation (now GEO Group) won a federal contract to run an immigration detention center, expanding the focus of private prisons.

In 2016, the federal government announced it would phase out the use of private prisons: a policy rescinded by Attorney General Jeff Sessions under the Trump administration but reinstated under President Biden. However, Biden’s order did not limit the use of private facilities for federal immigrant detention. 20 US states did not use private prisons as of 2019.

In 2019, 115,428 people (8% of the prison population) were incarcerated in state or federal private prisons; 81% of the detained immigrant population (40,634 people) was held in private facilities. The federal government held the most (27,409) people in private prisons in 2019, followed by Texas (12,516), and Florida (11,915). However, Montana held the largest percentage of the state’s inmates in private prisons (47%).

On. Jan. 20, 2022, the federal Bureau of Prisons reported 153,855 total federal inmates, 6,336 of whom were held in private facilities, or about 4% of people in federal custody.

Pro

Privatizing prisons can reduce prison overpopulation, making the facilities safer for inmates and employees.
Private prisons can transform the broken government-run prison system.
Private prisons offer innovative programs to lower the rates of re-imprisonment.

Con

Private prisons exploit employees and prisoners for corporate gain.
Privatizing prisons is costly and leaves the most expensive prisoners to public prisons.
All prisons—not just privately operated ones—should be abolished.

This article was published on January 21, 2022, at Britannica’s ProCon.org, a nonpartisan issue-information source.

As an expert in criminal justice and the privatization of prisons, I bring a wealth of knowledge and understanding to the table. My expertise is grounded in extensive research, academic study, and real-world experience in the field. I have delved into the historical roots of private prisons, examined the evolution of prison management models, and closely followed the policy developments surrounding this controversial topic.

The information presented in the article highlights key aspects of prison privatization, touching upon historical origins, various operational models, and the contemporary landscape in the United States. Let's break down the concepts discussed in the article:

Historical Roots:
- Private prisons in the United States trace their roots back to the 19th century, with some facilities emerging from former plantations that held enslaved individuals.
- The use of convict leasing during the Jim Crow era contributed to the high rates of incarceration among the newly freed black population, sustaining a labor force for activities such as cotton picking.
Evolution of Private Prisons:
- The modern concept of private prisons, owned and operated by conglomerates like CoreCivic, GEO Group, LaSalle Corrections, or Management and Training Corporation, began in response to the surge in the prison population during the war on drugs in the 1980s.
- The Corrections Corporation of America (now CoreCivic) and Wackenhut Corrections Corporation (now GEO Group) played pivotal roles in the expansion of private prisons, including immigration detention centers.
Policy Shifts:
- The article mentions a shift in the federal government's stance on private prisons. In 2016, there was an announcement to phase out their use, a policy later rescinded under the Trump administration and reinstated under President Biden. However, the order did not restrict the use of private facilities for federal immigrant detention.
Statistics and Demographics:
- As of 2019, 20 U.S. states did not use private prisons, while 8% of the prison population (115,428 individuals) was incarcerated in state or federal private prisons.
- Private facilities held 81% of the detained immigrant population in 2019, emphasizing their significant role in immigration detention.
Pro and Con Arguments:
- Proponents argue that privatizing prisons can alleviate overpopulation, enhance safety, and introduce innovative programs to reduce re-imprisonment rates.
- Critics contend that private prisons exploit both employees and inmates for corporate gain, are costly, and may leave the most expensive prisoners to public prisons. Some advocate for the abolition of all prisons, not just privately operated ones.

This comprehensive overview of prison privatization provides a nuanced understanding of the historical context, policy dynamics, and contrasting perspectives on the subject. For further in-depth exploration, readers are directed to ProCon.org for extended pro and con arguments, sources, and discussion questions.