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PRISON PRIVATIZATION.
Term Paper ID:22263
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Need for, pros & cons, alternatives, theory & application, public good, economics, impact on prisoners, overcrowding, supervision, parole & probation.... More...
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Paper Abstract: Need for, pros & cons, alternatives, theory & application, public good, economics, impact on prisoners, overcrowding, supervision, parole & probation.
Paper Introduction: PRISON PRIVATIZATION
Introduction
Prison overcrowding and the costs associated with operating prisons have developed as major public issues over the past two decades (Lemov, 1993, pp. 44-48). The increase in violent crime in the United States in the 1970s, together a plea bargaining process that often appeared to favor offenders, led to public outcries to "get tougher on crime." Both President Reagan and President Bush tapped this vein of public discontent by successfully, if inaccurately, labeling their opponents as being soft on crime. Other politicians, particularly at the state level, jumped on the tough on crime bandwagon.
One outcome of all of this activity were new sentencing guidelines that mandated prison time for more types of offenses and which also length
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Private governmentsalso are emerging in many cities through BIDs. (1989, 2 November). (1995). (1989). ." of administering parole or probation (Ring, p. (1985). When the level of supervision was controlled, the researchers foundthat shock incarceration parolees adjusted no more positively to communitysupervision than did the other sample groups (Mackenzie, Shaw, & Souryal,pp. The new approach may be an economically efficient approachin the short-run; however, it will likely prove to be terribly detrimentalto society, as well as to offenders, over the long-term. 1 9). Nevertheless, privately operated prison bootcamps have a wide spectrum of support in the United States (Mack, 1995, pp.2 6-211). 438). Criminal Justice andBehavior, 19(4), 437-454. (1992). 49, 51). The growing use of jailboot camps: The current state of the art. The key measures of the effectiveness of prison boot camp programs andother corrections programs must be related to the commission of crime.First, therefore, a measure of the effectiveness of such programs is thereduction of the overall crime rate. Growing old behind bars. . Theprivatization of prisons was largely terminated in the United Statesbecause American citizens became unwilling to tolerate such excesses.Proponents of prison privatization in the 199 s contend that contemporaryprivate prison operators are nothing like their earlier counterparts, andthat the country need not worry about a return to past conditions. 24). (Ed.). Additional externalities are associated with the payfor parole or probation system. Prison boot camps may not reform young offenders.In Bender, D. Prisons cannotprotect society. Therefore, elderly prisonersmore so than most prisoners tend to have some money available to pay forhealth services. The prison boot camp alternative involves the placing of qualifyingoffenders in a military basic training type situation for a limited timeperiod during which participants receive intensive disciplinary training,along with rehabilitative and self-esteem services. 4). Thepurposes of automobile traffic fines are supposed to be the enhancement ofpublic road safety, and the control of driving behaviors. Do such programs deter other from the commission of crimes? Living conditions in most of these facilities "were appalling," and"prisoners were little more than slave laborers" (p. Thus, alternativesother than the operation of private prisons are considered in this study.Further, the concept of prison privatization must be assessed within thecontext of the objectives of the corrections system in this country. 47, 49). The 54, federal prison inmatesrepresented 173 percent of the rated capacity of federal correctionalinstitutions, while the 629, state prisoners represented 12 percent ofthe total rated capacity of state correctional institutions. Prison Research Education Action Project. 43). Thus, in this context, theprison privatization concept will achieve benefits only through the use ofsmoke and mirrors. The use of private prison operators whoare responsible for constructing new prisons as well as for operating thosefacilities is in essence noting more than off-budget spending.Governmental jurisdictions contracting for private prison operation willcontinue to pay in full for the so-called private facilities. The first type is the chronic offender, who, because of one majorsentence or a series of shorter sentences, grows old in prison (Newman,Newman, and Gerwitz, 1994, pp. In many statesin the 199 s in the United States, however, prison services are deliveredby private sector organizations, although such services are collectivelyfunded. If parole and probation fees are beyond thefinancial capacity of the individuals subjected to them, they may not, asproponents contend, deprive convicted persons of beer and cigarette money.Rather, they may deprive both convicted persons and their wives andchildren of milk and egg money (Ring, pp. Many economists both in and out ofgovernment contend that the true extent of governmental spending is notreflected in the actual budgets. A third goal of such programs is thereduction of overcrowding in prisons (Austin, Jones, & Bolyard, 1992, p.8). Manyindividuals and organizations, both inside and outside of government, feltthat service quality deteriorated in the wake of privatization. Intensive corrections supervision is effectively limited toparticipants in shock incarceration programs. "Cities Wrestle for the Best Deal." American City andCounty, May 1994, p. Four types of incarcerated persons account for the growth in theelderly segment in the American prison population (Chaneles, 1989, pp. Do such programs lead to reductions inthe recidivism rate during the corrections period? Second, a measure of the effectiveness of such programs is the reductionof the short-term rate of recidivism. 47, 49). Similarly, few politicians-- federal, state, or local--willpublicly advocate an increase in taxes, regardless of the purpose for whichsuch taxes would be used. 7). The prison boot camp is an approachto corrections that has been dominated by privatization (Bentayou, 1995,pp. AmericanCity and County, 11 (1), 26. Education, however, is not necessarilycompatible with IQ. 32D-33D). 8 -81). Thus, regardless of how well the researcherscontended that shock incarceration parolees adjusted to communitysupervision when the level of supervision was not controlled, the factremains that the end outcome is virtually the same for all prisoners. No satisfactory explanation was provided by theresearchers, however, for the race variable. 3-8). St. Prison boot camps can reform young offenders. Considering the highproportion of non-whites in the prison population, this issue issignificant. Washington:U.S. These findings, however, were unadjusted forthe level of supervision. Unfortunately, it turns out that the vigorouselderly are far more willing to risk incarceration through the commissionof antisocial acts than has been generally characteristic of the elderly inpast years (Carroll, 1989, p. Chaneles, S. Thedifference between the privatized approach and the current approach in thiscontext is that neither the asset (the prison facility) nor the mortgage(the deferred balance of the cost) of the facility will appear on the booksof the contracting governmental jurisdiction. In this context, it was pointed out that privatization isoften characterized by low entry prices, which gradually increase as publicorganizations lose their capacity for service delivery (McEntee, 1985, pp.43-47). American City and County, 1 8(3), 32D-33D. L.,& Leone, B. Throughout much of thenineteenth century and well into the twentieth century, however, privateprisons were widely used in the United States (Bender & Leone, 1992, p.159). The essential goals and objectives of shock incarceration, thus, are(1) deterrence, (2) rehabilitation, (3) punishment, (4) incapacitation, (5)reduced crowding, and (6) reduced costs (Parent, 1989, pp. Department of Justice(1994). uneducated, and . Senior public managers and vendors argue that public services areimproved through the contracting out of services. (1995, January). Such cost shifting programs may also prove to be detrimental tosociety in the short-run. Statement of the Problem In 1992, more than four-million persons (2.2 percent of the adultpopulation of the United States) were under correctional supervision(Bureau of Criminal Justice Statistics, 1994 p. Strong resistance to the privatization of government services isexperienced in the United States from public sector employees (Henderson1994, p. L., & Leone, B. Public serviceprograms affect broad sociological and economic factors in a community.The Republican electoral victories at all levels of government in the 1994general election presage attempts to privatize such services as watersupply, fire safety and protection, road construction, corrections, andother services (Schine, 1994, p. . 4 -45). Schine, E. Effects of Prison Privatization on Budgets A major claimed benefit of the prison privatization concept is thatgovernmental budget will be relieved of the need to fund prisonconstruction, and that in turn taxpayers will benefit (Nadel, p. 159). This system of intensive non-institutional supervision operated by private contractors would be largelyfunded by the prisoners participating in such programs. One objective of shock incarceration and other alternative approachesto deal with offender corrections is the reduction of system costs (Ticer,1989, pp. Bureau of Criminal Justice Statistics, U.S. (1995). Contractingout gained acceptance from public managers because often it appeared to bethe only way public organizations could operate within budget constraints. Privatization of public services may beeffected through a number of different approaches. In Bender, D. Whenthis posture is taken by a jurisdiction, the specter of the debtors' prisonsyndrome, once again, rears its ugly and unconstitutional head. J., & Gerwitz, M. Probation supervision fees: Shifting costs to theoffender. (3rd ed.). The underlying basis of this measure is rehabilitation. Newsweek,7 . 91-93). There are other factors, however, which cause the proportion of elderlypersons in the prison population to be a cause of concern. Thus far, a shift back to non marketdelivery has not occurred on a wide scale in the United States. One of the most serious of the problems faced by elderly prisonersinvolves health care. In recognition of this problem, manystates have established payment priority hierarchies. PRISON PRIVATIZATION Introduction Prison overcrowding and the costs associated with operating prisonshave developed as major public issues over the past two decades (Lemov,1993, pp. Boot camp prisons: Components, evaluations,and empirical issues. To a great extent, private prison operators, as is true offor-profit hospitals, tend to skim off the profitable clientele leavingmoney losers to the public. This subterfuge, however, is not sufficient reason inand of itself to scuttle the prison privatization concept. In the context of payment, a public good is definedgenerally by collective payment, while a private good is defined generallyby individual payment. W., & Souryal, C. E. Thus, new prison cells continue to be required in increasingnumbers, and no one wants to ask the public to pay for their construction.In the 199 s, no politician--federal, state, or local--dares to take anyaction that would permit an opponent to claim that her or she was soft oncrime. 7 ). Similarly, public managers andvendors argue that the level of public services are not affected by thecontracting-out procedure, but client groups tend to feel that servicelevels deteriorate even more under privatization than does service quality. Government Printing Office. In such asituation, public safety, the rehabilitation of convicted persons, andother goals of parole and probation would become secondary objectives toother objectives, which might be either to (1) make parole and probationadministration self-funding activities, or (2) enhance the general revenuesof the jurisdiction administering the program (Ring, pp. Shock incarceration: An overview of existingprograms. Per 1 thousandpopulation, the increase was from 129 to 216. Henderson, K. Summary and Conclusion This study examined the concept of prison privatization with a viewtoward assessing the acceptability of the concept for widespreadapplication in the United States. (1993). 47, 49). Similarly, it is logical toassume that those individuals with higher IQs and who think that theyexercise some control over their own lives would be the prisoners who wouldbe able to see the benefits in completing the shock incarceration program.The researchers also found that older prisoners and white prisoners werealso more likely to successfully complete the shock incarceration program.As some degree of wisdom is assumed to accrue with age, the age variable isunderstandable. For corrections institutions, the interaction ofthese two factors means that bad prison overcrowding is likely to becomesteadily worse. 212-219. On the other hand, public postal services are delivered through agovernmental corporation, the United States Postal Service, although thegreat majority of the funds for this service are provided throughindividual payments. The 393, persons incarcerated in jails represented 1 8 percent of the overall ratedcapacity of jails in the United States. In such instances, both society and theconvicted persons would be penalized to a far greater extent that societywas rewarded through the fee payments. In1992, approximately 724, persons were federal and state prisoners(Bureau of Justice Statistics, 1994, p. Journalof Criminal Justice, 21(1), 91-93. For most Americans, privatization implies bothprivate payment and the private sector delivery of goods. First, the convicted persons and/or their wives and families may be required to seek social assistance, inorder to survive. 7 ). Scott, V. The practice of contracting out services by public organizationsgained public acceptance in the 198 s in great part because the practicewas strongly supported by the popular Reagan Administration. 26).The increasing proportion of elderly persons in the prison population alsoargues in favor of imposing user fees on prisoners for health services. The success of intensivesupervision in shock incarceration programs, however, is indicative of alikelihood that the concept would work equally as well in conjunction withany corrections program. The private police also conductinvestigations for cases handled in private courts. 43-48). 47, 49; Carroll, 1989, p. 7 ; Bureau of JusticeStatistics, 1994, p. Federal Probation, 57(3), 3-8. Washington: United States Department of Justice, NationalInstitute of Justice. Thus, the researchers were forced to admit that it waslikely more intense supervision, as opposed to the shock incarceration,that accounted for the superior adjustment of the shock parolees tocommunity supervision. America's prisons: Opposingviewpoints. Massachusettsrequires that convicted persons on parole or probation pay a monthlysupervision fee "equal to not less than one day's net wages nor more thanthree days' net wages" (Ring, 1989, p. The underlying basis of this measureis deterrence. Projected revenues fromautomobile traffic fines become a major budget item in such instances. The growth in the proportion ofthis type of prisoner in the general prison population is not only one ofthe most surprising, it is also one of the strongest growth trends(Chaneles, 1989, pp. Christie, N. Such policieshave not always worked as intended, however, because some classes of non-violent offenders--notably drug offenders--were excluded from probationprograms. (Eds.). Mack, D. Some evidence has been developed, however, that indicates that shockincarceration may not be effective in reducing the recidivism rate(Mackenzie, 199 , pp. Another potentially useful application of the privatization of prisonsconcept is the operation of corrections institutions for the growingpopulation of elderly prisoners in the United States (Nadel, 1995, p. 7). Some experts project that the number of elderlypersons in prison in the United States will double every four years(Carroll, 1989, p. Ring, C. As most parolees and probationers are "poor . London: Routledge. Munster, A. Crime and criminals. Lengthy andmandatory sentences following in the wake of harsher public attitudestowards all law breakers, however, is exacerbating the problem (Chaneles,1989, pp. Further, the researchers found that interveningvariables offered no additional explanations of any differences between thefour sample groups when the level of supervision was controlled. The boot camp program for offenders: Does the shoe fit? That approach is about the same as contending that humansshould base their behavior on the fact that they would float in the air ifgravity were not present. Bentayou, F. The Concept of Prison Privatization Funding the delivery of public services is an issue with significancewell beyond a narrow perception of facilities and programs. Meacher, M. 437-454). References Acker, J. Public employees andclient groups, however, often indicate that service quality deteriorateswhen delivered through private contractors. Correctional populations in the United States, 1992. A third approach to privatization isto allow private companies to compete with governmental departments inbidding to deliver specified public services that remain funded bygovernment (Seader, 1994, p. (1993). (Eds.). "City Services: Can Free Enterprise Outperform thePublic Sector?" Business and Society Review (Fall 1985): 43-47. This factor in itself will causethe proportion of elderly prisoners to increase. Replace It." Across the Board,29 (December 1992): 4 -45. Carroll, G. As one of the shockincarceration program studies by the researchers required prisonersentering shock incarceration programs to complete their sentences inordinary prisons upon leaving the shock incarceration program, it is quitean understandable motivation for prisoners with longer sentences to attemptto successfully complete the shock incarceration program as a means ofminimizing their time in ordinary prisons. In the context of delivery, a public good is mostoften thought of as being characterized by public sector delivery, while aprivate good is most often thought of as being characterized by privatedelivery. 55-65). (1993, September). Second, theindividuals against whom the costs of parole and probation are levied maynot be able to meet the prescribed payments. Shock incarceration dropouts adjusted in a similar manner toprobationers and parolees. The search for ways to break out of the prisoncrisis. The research indicated that boot camp prisons, prisons for elderlyprisoners, and intensively-supervised parole are the approaches tocorrections that are especially amenable to privatization. Evidencefrom this extensive privatization effort, however, indicates that theopening of public services to competition from the private sector hasneither saved money in the delivery of public services nor improved thelevel of the quality of public services delivered--two of the major claimsmade for privatization by the proponents of the process (Meacher, 1994, p.24). 437-454). L. Most people touting the privatization of prisons concept appear tothink that they are reinventing the wheel. Some jurisdictions, in attempts to deal with the problem of prisonovercrowding, adopted liberal probation in lieu of incarceration policiesfor adult non-violent offenders (Scott, 1993, pp. Most prisons simply are not prepared to providegeriatric health care (Chaneles, 1989, pp. Government Printing Office. Governmental jurisdictionsat all levels, thus, must find ways to increase prison and jail capacity. California requires that presiding judges "determinedefendants' ability to pay all or a portion of the reasonable cost . (1994). Lemov, P. Should such situations arise, theMassachusetts approach to the cost shifting of parole and probation costswould amount to an additional fine, as opposed to a reimbursement of costsfor the convicted individuals concerned. Washington: National Council onCrime and Delinquency. Federal Bureau of Investigation. Several states in the United States do operate systems whereinconvicted persons are required to pay a part of the costs associated withthe administration of their paroles or probations (Allen, Eskridge,Latessa, & Vito, p. 7 ). Sechrest, D. Seader, D. 437-454). "Public Services in Private Hands." Christian ScienceMonitor, 15 August 1994, 9. While the crime rate hasincreased, and the demand for prison space has increased, prison capacityhas remained relatively steady. New York: Oelgeschlager, Gunn & Hain. For the correctional officersresponsible for the administration of prisons, and the maintenance ofprisoner welfare, the increase in the proportion of violent offendershoused in the nation's prison facilities has created a nightmarishsituation with respect to control, preservation of order, and maintenanceof safety for both prisoners and prison staff. 2 6-211. .. Assessing Prison Privatization Options The essence of the major problem confronting criminal corrections inthe United States is the unacceptably high recidivism rate among theoffenders who are processed through the system. . Importantly, the researchers reported that the recidivism rate wasvirtually the same for all groups of prisoners studied (Mackenzie, Shaw, &Souryal, pp. It was also noted that public organizations often failed toconsider the costs of contract preparation, negotiation, and monitoringwhen assessing the benefit-cost relationships of privatization. One of the worst of these abuses is the authorizationof off-budget spending to cause a governmental budget deficit to appear tobe smaller than it actually is. (1989). 6). The problem, however, is that intensivesupervision in conjunction with shock incarceration programs has notproduced any positive effects on the long-term recidivism rate (Mackenzie,Shaw, & Souryal, pp. (1991).International Journal of Offender Therapy and Comparative Criminology,35(4), 322-327. Austin, J., Jones, M., & Bolyard, M. Prison privatization provides a profitabletool for locking up prisoners. Mackenzie, D. (1992). The principle upon which policies are based for requiring convictedpersons to pay a part of the costs associated with the administration oftheir paroles and probations is the benefit principle--those who benefitfrom public services should also be those who pay them. G. (1994). Shock incarceration and prison boot camps are synonymous. San Diego,California: Greenhaven Press, Inc., pp. Of that number, approximately4 , were age 55 or older. The aging of prison populations is a significant issue for bothcorrections officials and politicians because it costs about three times asmuch to house (in prison) and inmate age 55 and older as it does to housean inmate age 54 or younger (Carroll, 1989, p. 44-52). These private police perform investigations and submit their findings topublic law enforcement agencies. 97). Another approach to corrections for which private operators are wellsuited is a system of intensive non-institutional supervision of the typethat is a part of most shock incarceration programs that would be used inconjunction with corrections programs other than the shock incarcerationtype (Sechrest & Shichor, pp. K., & Shichor, D. 43-44). The concept of privatization is delineated in the contexts of paymentand delivery. Elderlycriminals. This increased willingness by elderlypersons to commit crimes, together with an increased proportion of elderlypersons in the general population, has the effect of increasing theproportion of elderly persons in the prison population by a factor which isgreater than the population proportion represented by the elderly segmentof American society. San Diego, California: GreenhavenPress, Inc., pp. The third type is the individual first sentenced toprison in middle-age, for whom even a moderate sentence will result in theindividual growing old in prison (Chaneles, 1989, pp. Ticer, S. In acontracting out process, government retains responsibility for theprovision and funding of public services, but hires private sectorcompanies to perform the actual work. The reasons for theincreased costs of housing older prisoners is associated with the increasedneeds of older persons for medical care of all types, for critical care forsuch diseases and conditions as heart problems, cancer, stroke, andemphysema, which are more prevalent among older persons than among youngerpersons, and special maintenance needs, such as diets, eye glasses, and soforth (Chaneles, 1989, pp. (199 ). L., & Leone, B. During this same time period--since the mid-197 s, the rate of bothviolent crime and property crime in the United States has escalated(Federal Bureau of Investigation, 1994, p. 16. McEntee, G. Others provide a range (most oftenfrom $1 to $5 per month), from which the presiding judge is permitted toset the fee level. 44-48). 45). Dosuch programs lead to reductions in the recidivism rate in the post-corrections period? 45). The underlying bases of this measureare deterrence and rehabilitation. Bender, D. One outcome of all of this activity were new sentencing guidelinesthat mandated prison time for more types of offenses and which alsolengthened prison stays (Latchkey, 1993, p. (1995). There are exceptions to each of these four cases, however, whichoften result in the creation of less than pure public goods--quasi publicgoods in some instances. "America's New Watchword: If It Moves, Privatize It."Business Week, 12 December 1994, 39. 43-48). (1993, March). Many contemporary politicians alsoembrace this perception of privatization. Growing old behind bars. The researchers also noted that, while IQ was a factor thatexplained some of the variations of adjustment in one of their two studies,that it was not a factor in the other. Other politicians, particularly at the state level, jumped on thetough on crime bandwagon. Business Week, (8 May), 8 -81. Few people would argue that either prison services orpostal services are not public goods, yet they contain some characteristicsof privatized companies. 212-219). The intensive supervision alternative would involve theapplication of the concept of community-based corrections with intensivesupervision to all persons in custody who are deemed likely to succeed insuch a program. R. PsychologyToday, 47, 49, 51, 62. S., Newman, D. From the mid-197 s through the mid-198 s, the American prisonpopulation increased by 84 percent (Acker, 1993, p. Although the general prison population will alsogrow, its rate of growth is projected at only about 8.5 percent per year.Thus, in 2 , based on these projections, a total of 1,6 6, will likelybe incarcerated in the United States, of which approximately 16 , , oralmost 1 . Not all people, however, are supportive of the prisonprivatization concept (Munster, 1993, pp. Parent, D. 111-117. In some cities in the United States, business improvement districts(BIDs) have been permitted to hire private police (Krohe, 1992, pp. This individual will alsogrow old in prison. 11-12). Federal Probation, 52(2), 43-48. If participants do notcomplete the boot camp phase of the program successfully, they are placedin regular prison. Thus, alternativesother than the operation of private prisons were considered in this study.Further, the concept of prison privatization was be assessed within thecontext of the objectives of the corrections system in this country. 43-48). unemployable . 9). San Diego,California: Greenhaven Press, Inc., pp. 43-48). In stateswhere the ability to pay principle is not considered in the establishmentof cost reimbursement levels for the administration of paroles andprobations, two major adverse outcomes occur. (1993). In many, if notmost, jurisdictions in the United States, however, traffic law enforcementhas become a revenue driven system, wherein public safety becomes asecondary objective to revenue enhancement. The increase in violent crime in the United States inthe 197 s, together a plea bargaining process that often appeared to favoroffenders, led to public outcries to "get tougher on crime." BothPresident Reagan and President Bush tapped this vein of public discontentby successfully, if inaccurately, labeling their opponents as being soft oncrime. Public services also may beprivatized, however, through the contracting out of services. Whenelderly and younger prisoners are mixed, however, security problemsincrease as the need to protect the elderly prisoners from victimization byyounger prisoners escalates. The BID concept is the ultimatemanifestation of the privatization concept that, according to someobservers, is leading some American cities down the path to the past--WarLord ruled early-China, the baronies of Medieval Europe, and the banditorealms of Mexico--where no public accountability exists; only privateaccountability to the business firms paying the bills. Elderly prisonersfrequently receive social security benefits. Uniform crime reports.Washington: U.S. The researchers found that the variables most strongly associated withthe successful completion of the community supervision phase of the shockincarceration program were IQ, locus of control, and prison term length(Mackenzie, Shaw, & Souryal, pp. Conversely, however, theAmerican governmental system and legal structure has evolved to a levelwhere the excesses of the past would be more difficult to either develop ormaintain should they develop. The private operation of prisons for elderly prisoners relievesgovernmental jurisdictions of the responsibility for designing,constructing, and operating corrections institutions that must befundamentally different from contemporary prisons (Scott, pp. Most jurisdictionsplace parole and probation fees in a range from the middle to the bottom ofthe list of applicable payments. The researchers appear to have missed a significant point of theirfindings. When such payments are notmet, the typical response of the jurisdictions imposing the charges is tothreaten incarceration, if payments are not made (Ring, pp. The increase in the proportion of elderlyprisoners, however, is rapidly changing the profile of the typicalprisoner, and the stereotype of that prisoner will likely be completely outof date by 2 . 437-454). 26).There are important abuses of the existing governmental budget process inthe United States. Under a cost shifting program for parole and probation costs, the"social worker/assistance orientation" of parole and probation officers istransformed into a "surveillance/control model of managing offenders"(Ring, p. . In practice, thereis likely some degree of validity to all of the positions. The privatization of public services in the United Kingdom has beenextensive since the election of Margaret Thatcher 15 years ago. As gravity is present, however, it is really notrelevant to human behavior that things would be different in the absence ofgravity. 39). In determining the proportion of the costs of theadministration of their paroles and probations that convicted personsshould be required to pay, several states which have adopted such programshave used the ability to pay principle (Ring, 1989, pp. Newman, E. The contemporary private prison "does notrepresent a continuation of the old idea of galley slaves and workhouses.The model is municipal care for the poor" (Christie, 1993, p. Paul, Minnesota: Greenhaven Press, pp. Thosedata in an of themselves do not appear to constitute a significant problem. Similarly, the level of supervision is, quite obviously, the keyfactor in the determination of the adjustment of prisoners to communitysupervision, and it is, thus, a waste of time to dwell on how things wouldbe in the absence of the impact of the level of supervision. The outcome, predictably, was prisonovercrowding. Jr. Since the mid-198 s, theprison population has continued to climb, however, at a slightly reducedrate. Theprocess has slowed only slightly under John Major's leadership. There are two instances of potential abuse of programs requiringconvicted persons to pay a part of the costs of administering their parolesand probations which, should they develop, would be seriously detrimentalto both society and to the convicted persons involved. Thus, if no other relevant factorschanged, and increase in the proportion of elderly persons in the prisonpopulation could reasonably be anticipated in coming years. Criminal justice. It is entirely feasible that a cost shifting program for parole andprobation costs could also become a revenue driven system. A more important goal, however, is improvedrehabilitation, because improved rehabilitation leads to a reduction in therecidivism rate, which, in turn, will lead to a reduction in system costs(Mackenzie, Shaw, & Souryal, p. There are several options, however,for the governmental jurisdiction that wants to privatize public services.Privatization to most members of the general public means the selling ofpublic operations to private investors. L., Shaw, J. The operationof general prisons by private operators might be acceptable if such privateoperation could effect operating efficiencies while continuing to attaingovernmental corrections objectives. L., & Leone, B. Non market alternatives are now being considered in Britainfor the delivery of public services. (1989). This dual capacity in the operationof general prisons by private operators, however, has not beendemonstrated. Aprecedence for this abuse may be found in automobile traffic fines. The second potentially serious abuse of cost shifting parole andprobation cost programs involves the official perception of such fees. With respect to these programs, resentment arises from thegeneral public and from the law enforcement establishment when offendersavoid incarceration. W. In Szumski, B. 117). The stereotype of the imprisoned person as poor, of minority origin,and young (Prison Research Education Action Project, 1993, pp. The several states that have adopted programs requiring convictedpersons to pay a proportion of the administrative costs associated withtheir paroles and probations have adopted a variety of payment structures.Some states establish a flat fee level. Victims' rights must be curbed. In such instances, these costs to society will be fargreater than whatever monies are collected through a cost shifting systemfor the recovery of the costs of administering paroles and probations.Second, in order to be able to pay the fees levied for parole and probationcosts, the convicted persons involved may resort to further, and, perhaps,even more serious, criminal activity, in order to be able to meet the feepayments (Ring, pp. Shock incarceration, orthe prison boot camp concept, is one program developed to deal with theprogram (The boot, 1991, pp. Jailhouse, Inc. America's prisons. In such instances, twoadverse outcomes for society may occur. Third, a measure of theeffectiveness of such programs is the reduction of the long-term rate ofrecidivism. Allen, H., Eskridge, C., Latessa, E., & Vito, G. Krohe, J. The coalescing ofa variety of societal and economic factors in the late-197 s and early-198 s led to demands for changes in the way in which public services aredelivered and funded. Research did find that shock incarceration parolees adjustedsignificantly more positively during the community supervision phase thandid other corrections sample groups (Mackenzie, Shaw, & Souryal, 1992, pp.437-454). (1993, May). 16). If the privateoperation of prisons can save substantial operating costs throughefficiencies while attaining governmental corrections objectives, thesebenefits will far outweigh any subterfuge employed in an effort to concealthe fact that government will continue to pay for prison construction. One effect of the interaction of thesethree trends has been a shift in the prison population toward a much higherproportion of violent crime offenders. The second type is the individualwho enters prison at an age under 3 , and who has been sentenced to a longmandatory term (Chaneles, 1989, pp. While such reactions are both predictable andunderstandable, such reactions are also justification for concern bygovernment officials and the general public who must continue to dependupon the performance of public employees for the delivery of many serviceseven though privatization becomes more widespread. The fourthtype is the individual who is first sentenced to prison after alreadyreaching the age of 55, and who, thus, is an elderly prisoner from thebeginning (Chaneles, 1989, pp. Crime and criminals. Federal Probation, 54(3), 44-52. Exceptionally long sentences, with little or noprobability of parole, mean that many young persons sentenced toincarceration will grow old in prison. Onecould retort that the only reason that the modern breed of private prisonoperator is any different from earlier counterparts is that they no longeroccupy a dominant position in corrections. In part, these diametrically opposed positions stem from the self-interests of those individuals adopting such positions. Privatization of public services may beeffected through a number of different approaches. percent, may be expected to be age 55 or older. Externalities are associated with the pay for parole or probationsystems. Othersfelt that any cost savings resulting from privatization were onlytransitory. 43-48). Privatization to most Americans, however, meansboth private delivery and private funding. Theidentity of the title holder to prison facilities is, after all, ofrelatively little importance because the institutions can be usedprofitably for only the purpose for which they were constructed. Thus, in 1992, approximately 5.5 percent ofthe nation's prison population was age 55 or older, while that age groupaccounted for approximately 21.4 percent of the total population. (1992). Crime control as an industry. 49, 51). 47, 49). 6). Private prisons and the public interest. 43-47. Requiring theconvicted person to pay for his or her parole and probation services,however, tends to overlook societal benefits derived from parole andprobation, and, in effect, acts more as an additional penalty imposed onthe convicted person. "Market Stalls." New Statesman and Society, 7 (26 August1994): 24. 43-47)remains generally true in 1994. Considering the increased costs associated with providinghealth care to such prisoners, the imposition of user fees appears to manypeople to be justified. Governing, 6, 44-48. .,provided that the reasonable cost does not exceed the actual average cost .. .," and as these individuals, in most instances, "arealready subject to fines, restitution charges, victims/witness fees, andcourt costs assessments," the imposition of parole or probation fees oftencreates a situation for the individuals concerned where they are "robbingPeter to pay Paul" (Ring, pp. First, the wives andchildren of convicted persons, who are guilty of nothing, may be severelypenalized (Allen, Eskridge, Latessa, & Vito, p. First, aspreviously mentioned in this examination, is the conversion of costshifting program into a debtors' prison-like program, wherein either: (1)individuals were denied parole or probation if they are either: (a) unableto meet the financial obligations imposed under such programs; or (b) areunwilling to meet the financial obligations imposed under such programs; or(2) individuals participating in cost shifting programs fail to meetprescribed payments, and are, then, placed in confinement as a consequenceof not making the required payments. Study Purpose This study examines the concept of prison privatization with a viewtoward assessing the acceptability of the concept for widespreadapplication in the United States. One approach to the solution of prison capacity that is being adoptedby some jurisdictions is the privatization of corrections (Sechrest &Shichor, 1993, pp. Therefore, in Massachusetts,it is entirely possible that convicted persons on parole or probation maybe required to pay fees in excess of the actual costs of administeringtheir paroles or probations. Characteristicsassociated with successful adjustment to supervision. While they acknowledge that controlling for the level ofsupervision eliminates any significant differences between shockincarceration parolees and the other three sample groups, they continue toemphasize that such differences do exist when the level of supervision isnot considered. (1995). Whether or not true, there were widespread publicperceptions that the delivery of services by public organizations wasinefficient, and that the persons receiving the benefits of public serviceswere not, in many instances, the persons who were funding such services.Certainly, this latter perception was applicable to all services deliveredto persons incarcerated by the state. Nadel, B. (1993, 28 August). Corrections goespublic in California. The fastest growing segment of the general population in the UnitedStates is the age 55 and older segment. These private governmentsprovide what amount to public services. 322-327). Latchkey lags. Mackenzie, D. 3-8). "Why Reform Government. New York: The Free Press. (1993). 32D-33D).Security problems in relation to prisoner escape are reduced for suchpopulations in comparison with more typical contemporary populations. (1989, October). Upon successful completion, however, participants areplaced in a community-based corrections program and placed under intensivesupervision. Of this total number,1, 76, were incarcerated (683, in prison and 393, in jail),457, were on parole, and 2,521, were on probation. The privatization approach is being promoted toan increasing number of jurisdictions as the wave of the future incorrections. Economist, 328, 24. Putting a lock on prison costs. In actual fact, however, IQ was notconsidered as an intervening variable in the first study, although aneducation variable was considered. R. The potential for such systems to be abused, andto become defacto debtors' prison-like systems is widely recognized in thestates operating such systems, however, and, consequently, safeguards areincorporated into enabling legislation to preclude potential abuse, and/ordistortion of the intent of such systems. Lastly, there is the health care issue.Private prison operators are in a position to serve elderly prisonerpopulations more efficiently and with higher levels of service than is thegeneral publicly-operated prison. While the politicianswere getting tough on crime, however, the politicians and citizens--fromthe federal level right on down to local politicians and citizens voting inbond elections--neglected in some cases and refused in more cases toincrease spending on incarceration facilities at the levels required tomeet the increasing demand. Evidence indicates that high transactions costs are associated withthe contracting out of services, and that accountability deteriorates underthe process. SanDiego, California: Greenhaven Press, Inc. InBender, D. 51,62). Further, as the lifespanof people in the United States is extended, increasing numbers of elderlypeople are vigorous individuals, as opposed to being the stereotypicalfrail elderly person. (Eds.). The practice did not, however, receive unanimous approval. The Massachusetts approach isbased solely on the ability to pay principle. Probation andparole in America. The BID concept,however, is one alternative approach to the delivery of public servicesthrough the private sector.
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