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NCJRS Abstract

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NCJ Number: 114533 Add to Shopping cart Find in a Library
Title: Legal Dimensions of Private Incarceration
Author(s): I P Robbins
Corporate Author: American Bar Assoc
Criminal Justice Section
United States of America
Date Published: 1988
Page Count: 552
Sponsoring Agency: American Bar Assoc
Washington, DC 20005-1009
American Bar Assoc Press
Chicago, IL 60637
John D. and Catherine T. MacArthur Foundation
Chicago, IL 60603
National Institute of Justice (NIJ)
Washington, DC 20531
US Dept of Justice NIJ Pub
Washington, DC 20531
Sale Source: American Bar Assoc Press
Publications Coordinator
1155 East 60th Street
Chicago, IL 60637
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This text undertakes a comprehensive analysis of the constitutional, statutory, and contractual dimensions of private imprisonment.
Abstract: The consideration of constitutional dimensions focuses on the delegation doctrine as applied to Federal delegation to public and private bodies and State delegation of management functions, rule-making authority, and adjudicative powers. Also considered is the development of the State application doctrine and its implications for prison and jail privatization. A model contract covers goals and responsibilities of the parties, private financing and the physical plant, general contract terms (e.g., renewal, compensation, indemnification, operating standards, and accreditation), employee selection and training requirements, and personnel policies and discrimination. Also considered are such inmate issues as classification, transfer, discipline, parole, use of force, and inmate labor. Other contract provisions relate to monitoring, termination, and contractual disputes. Following a review of Federal statutory authorization to designate privately operated places of confinement, a model statute and commentary is provided that includes enabling legislation and provisions regarding site selection, operating standards, liability and sovereign immunity, monitoring, use of force, and employee training. Emphasis in the model documents emphasize the need for total accountability if this critical Government function is to be contracted out. Approximately 850 references.
Main Term(s): Privatization in corrections
Index Term(s): Constitutional Rights/Civil Liberties; Corrections management; Corrections standards; Government contracting; State laws
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