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자료유형
연구보고서
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한국형사법무정책연구원 형사정책연구원 연구총서 연구총서 04-08
발행연도
2004.12
수록면
11 - 189 (180page)

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The number of private correctional facilities in the U.S. has been increasing in the past twenty years or so and they have been a prospering industry. Privately own and/or managed private facilities are being operated in more than thirty states now. However, whether or not they have achieved the quality of expected services is controversial. This study examines the history, current status, legal status, and governmental roles concerning the administration of private correctional facilities of private prisons and evaluates some of the controversial issues.
More than twelve percent of federal prisoners and about six percent of state prisoners are housed in private facilities and the proportion of those in private facilities are being increased. Such states as New Mexico, Colorado, Oklahoma, Tennessee, and Alaska put 20%~50% of their prisoners in privately operated correctional facilities.
Although the launch of private corrections reflected coarse prison conditions like overcrowding and poor prison facilities in the 1970s, severe criticisms were raised pertaining to such issues as legitimacy of correctional privatization, cost effectiveness, and quality of services. In evaluating ten years of private prisons operation in 1990, Johnson and Ross concluded that more empirical research was needed in order to answer emerging issues on privatization. In 1999, Lanza-Kaduce et al. conducted a comparative study on recidivisim rates among private and public correctional facilities in Florida and concluded that releasees from the private facility revealed a lower recidivism rate than the public facility. This study, however, led to a conflict-of-interest debate in criminological research. Their study is not free of critiques of the selection of study samples and the interpretation of results. The findings do not seem to show the effectiveness of private facilities over public ones.
One of the legal issues on private prisons concerns whether state power of punishing criminals can be delegated to private entities. In a nutshell, courts decided that it is constitutional that administrative functions may be delegated to private entities (e.g., room assignment, activity schedule, record keeping, etc.) while any decisions concerning inmates' rights ought be intervened in any way by government. It is also important to set government guidelines for making rules and regulations for the maximization of making profit.
Many of the state governments make it mandatory for private prisons to be cost-effective at a certain degree. Private facilities take advantages of saving money by adopting administrative techniques. However, whether private prisons are cost-effective compared to public prisons is difficult to determine; previous studies are not conclusive for that matter.
Quality of services may be measured by such indicators as low recidivism rate and quality of programs and facilities. Private facilities' motive of profit maximization and quality of services may be oftentimes contradictory. Cost-effectiveness may be an important issue in both public and private prisons, but economic aspect of correctional services seem an essential part of privatization. Standards set by the American Correctional Association may be regarded an indicator of good services. But there are only a handful of ACA accredited facilities in the U.S.

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