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> See: privately owned prisons that require a quota to be filled

That's not quite correct. The contracts do not require that a certain number of prisoners be kept in the prison. They require that a certain number be paid for. The contracts are essentially of the form that the state will pay $X to house up to Y prisoners, and $Z/prisoner for any prisoners beyond Y prisoners.

Since private prisons are only a small fraction of the prisons, the people that should be most annoyed by this are the employees of state run prisons. If crime goes down in a state and they want to close a prison to save money they most likely will make sure to fill the private prison first (since they are already paying for it) and cut staff at the state prisons.

(NOTE: this does NOT mean I'm saying private prisons are fine--just that contracts that guarantee a minimal payment regardless of occupancy are not necessarily bad. Private organizations tend to have less oversight than state run organizations, so it would not at all surprise me if the private prisons have staff that are not as well trained or as accountable as state prison staff. If I were setting up a prison system and it was going to allow private prisons, I'd probably require that the warden be appointed by and employed by and answer to the state, not the prison owner, and has the ability to fire private prison employees who are in jobs that involve direct interaction with the prisoners. I'd also require penalty clauses in the contracts that reduce payments if conditions are not at least as good as those required of state prisons.

It would be interesting to look at the strength of whatever public employee union represents state prison employees in each state, and see if there is a significant correlation between that and state use of private prisons. I'd expect weaker unions would increase the chances of private prisons.



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