Government should seek out efficiencies whenever possible. But it is not sufficient for some functions of government to simply be cost-efficient. The state prison system, for instance, must be operated in a manner that ensures accountability and public control. Any move to delegate that responsibility to a private provider deserves careful study and deliberation.
Some states have had success in privatizing certain aspects of their prison systems. But overall, the states' experiences have been a mixed bag. That should be a red flag to state lawmakers as they consider SB175, which would require the Department of Corrections to seek bids for the construction and operation of any new adult correctional facilities for medium security inmates and lesser offenders.
Legislators need to consider this proposal with eyes wide open. Utah's experience with private prisons has been less than stellar. In the mid-1990s, several Utah inmates escaped from a private prison in Texas where they were temporarily housed. Incredibly, Texas officials weren't sure how to pursue the inmates since the state then had no specific law against escaping from a private prison.
There are, of course, ways to structure contracts and write laws to help ensure the best possible operation of private correctional facilities and to ensure the public is adequately protected. But prison inmates, whether housed in a privately run facility or in a state prison, still would be the responsibility of the state Department of Corrections.
Interestingly, the bill's sponsor, Sen. Howard Stephenson, R-Draper, draws the line at facilities for maximum security inmates. Indeed, one of state's most solemn duties is housing inmates serving life sentences or those who are condemned to die. Presumably, they are among the most difficult inmates to manage.
But with the proliferation of gangs in prisons, even minimum security inmates can pose a threat to prison staff and other inmates. Even though their crimes aren't as serious as offenders serving life sentences or condemned to die, people are sent to prison because they have been convicted of violating laws and the judicial system has determined that they should be segregated from society at large.
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