In defense of performance-based private prisons

Privately operated prisons are often mislabeled by rejoinders as greedy profit machines. Even historically pro-law enforcement SCC was pressured by Ellenberg and other jailbreak activists last year to abandon plans for a new, much-needed, jail. In City Journal, Devon Kurtz points to real-world benefits of performance metric-bound prison contracts, correcting the misconception that local gov't must be at the helm of all criminal justice efforts.

Another criticism levied at private prisons is that they are of worse quality than their public counterparts. Emory University law professor Sasha Volokh, who has investigated this issue extensively, found that most studies showing disparate quality between public and for-profit prisons were deeply flawed, and that the strongest studies showed essentially no difference in quality. Volokh also considered recidivism rates in his analysis; most studies on the subject also showed little difference between public and for-profit facilities on this measure.

Moreover, eliminating private prisons may remove a potentially useful tool for improving conditions in the correctional system. Private facilities are beholden to contracts, creating the flexibility for innovation. And while government correctional officers receive immunities for violating the civil rights of incarcerated people, privately employed correctional officers can be held personally liable. With the right policies, private prisons can be easier to hold accountable than can state and federal bureaucracies.

One such policy: performance-based contracts that reward ultimate outcomes like reduced recidivism, higher employment rates, and successful post-release housing placements. In Pennsylvania, private community corrections providers reduced recidivism rates by 11.3 percent in two years after their contracts were rebid with clear performance-based funding formulas. Internationally, the United Kingdom, Australia, and New Zealand have all used performance-based contracts to improve private correctional facilities. One facility in New Zealand reduced re-offense rates by 36 percent compared with peer facilities and received a bonus of $1.1 million.

This article originally appeared in City Journal. Read the whole thing here.

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