In this regard, Fathi adds that the Standards stipulate that: "When private facilities are used, the Standards require multiple means of oversight, including applicability of freedom of information laws; contract provisions for oversight; and on-site monitoring by the contracting agency" (2010, p. 1455).
Further complicating the debate over which is better is the fact that private prisons are increasingly being used for Homeland Security purposes in ways that create further transparency issues and allow these privately operated facilities to avoid intensive scrutiny. For instance, Handley (2011) reports that Corrections Corporation of America (CCA), "the private prison industry's largest company, has contracts with Immigration and Customs Enforcement (ICE) and the U.S. Marshal Service, and is also the nations largest detainer of undocumented immigrants" (2011, p. 9). On the one hand, critics of private prison corporation such as CCA argue that the privatization of this function of the justice system is subverting oversight in ways that are not evident in government-operated prisons. For instance, Handley (2011) emphasizes that, "Since the company began to receive ICE contracts in 2000, immigrant rights groups have been targeting CCA for prisoner abuse, poor working conditions for guards and the company's connections to anti-immigrant legislation" (2011, p. 9). On the other hand, though, CCA cites its ability to provide these services in a cost-effective fashion as proof positive of their being "better" than their government-operation counterparts. In this regard, the CCA Web site states that:
Our approach to public-private partnership in corrections combines the cost savings and innovation of business with the strict guidelines and consistent oversight of government. This has produced proven results for more than a quarter-century. CCA designs, builds, manages and operates correctional facilities and detention centers on behalf of the Federal Bureau of Prisons, Immigration and Customs Enforcement, the United States Marshals Service, nearly half of all states and nearly a dozen counties across the country. CCA benefits America by protecting public safety, employing the best people in solid careers, rehabilitating inmates, giving back to communities, and bringing innovative security to government corrections -- all while consistently saving hardworking taxpayers' dollars (emphasis added). (CCA, 2012, para. 1)
Some indication of the true cost savings that are supposed to be achieved by using private prisons over government-operated facilities, though, can be discerned from a recent analysis conducted by the Arizona Bureau of Planning, Budget and Research. The Bureau reported that the total adjusted per diem (i.e., per prisoner, per day) costs for state-operated medium security facilities was $48.42; by contrast, the per diem for medium security prisoners held by private contractors was $53.02 (Hodai, 2012). According to Hodai, the report also:
. . . noted a whopping savings of three cents per head among the relatively low-maintenance minimum security crowd held in private pens - at $46.56 per them for a private bed, versus $46.59 at state-run institutions. But the report goes on to quickly deflate the standing of that $0.03 margin, stating: '[There are several] inmate management functions that are provided and paid for by the state but are not provided by the private contractors. This inequity increases the state per capita cost which, in comparison, artificially lowers the private bed cost'" (emphasis added) (2012, p. 10)
Moreover, government-operated prisons as part of the larger justice system that administers these facilities in ways that conform to a wide array of mandated requirements that do not always apply to their privately operated counterparts. For instance, the U.S. Office of Justice Programs Web site makes it clear that the supervision of prisoners does not end with their...
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