Legal Definitions - private prison

A private prison is a correctional facility that is owned and/or operated by a for-profit company, rather than by a government agency. These companies enter into contracts with federal, state, or local governments to house inmates or detainees, providing services such as security, inmate care, and facility maintenance in exchange for payment.

Here are some examples illustrating the concept of a private prison:

• Example 1: The state of Arizona faces an increasing inmate population and decides to contract with "Correctional Solutions Inc.," a private corporation, to build and manage a new maximum-security facility. Under this agreement, Correctional Solutions Inc. will be responsible for staffing, security, and all daily operations for the prisoners assigned to their facility by the state, receiving a per-diem payment for each inmate housed.

  Explanation: This scenario demonstrates a private prison because a for-profit company ("Correctional Solutions Inc.") is operating a correctional facility under a contract with a government entity (the state of Arizona) to house inmates.

• Example 2: The U.S. Immigration and Customs Enforcement (ICE) needs additional capacity to detain individuals awaiting deportation hearings. Instead of building and operating new federal detention centers, ICE contracts with "Global Detention Services LLC," a private company, to manage several large detention facilities across the country. These facilities house non-citizens in federal custody, with Global Detention Services LLC providing all necessary services, including housing, meals, and medical care, as outlined in their agreement with the government.

  Explanation: This is an example of a private prison (or private detention center, which operates under the same principle) because a private, for-profit entity ("Global Detention Services LLC") is operating facilities to hold individuals on behalf of a federal government agency (ICE) under a contractual arrangement.

• Example 3: A county government in Texas determines that its existing county jail is outdated and too expensive to operate with public employees. To reduce costs and modernize operations, the county enters into a long-term contract with "SecureCorp Management," a private correctional firm, to take over the management and operation of the county jail. SecureCorp Management hires its own staff, implements its security protocols, and manages the daily needs of the inmates, while the county retains oversight and pays SecureCorp Management a negotiated fee.

  Explanation: This illustrates a private prison because a local government (the county) has outsourced the operation of its correctional facility (the county jail) to a private, for-profit company ("SecureCorp Management") through a contractual agreement.