Current policy allows government agencies to fund private, non-profit correctional facilities (also referred to as private prisons). While new policies to end federal contracts with private prisons have been issued, government agencies such as U.S. Immigration and Customs Enforcement (ICE), continue to work with private prisons now known as immigration detention facilities. The continued support of private prisons by government agencies for the last four decades has sparked public debate. “Conflict over the direction of government policy” on private prisons has resulted in the use of private prisons to be an unresolved public policy issue (1).
Modern private, for-profit correctional facilities emerged in the 1980s that allowed private corporations to have full operational control for the first time. However, private prisons have a long history in the United States. Prior to the 1980s, governments would contract with private prisons for specific services, but operations remained largely under government control (2). This new era of privatization has allowed private corporations to manage private prisons for a profit.
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At the time, tough-on-crime policies were at the top of the political agenda. The push from government and the public to incarcerate any individuals accused of criminal behavior led to overcrowding in public prisons and financial difficulties to keep up with the demand. In an effort to resolve this policy issue, private corporations like the Corrections Corporation of America saw an opportunity. According to Kingdon’s theory, a window of opportunity presented itself, where a defining policy issue, the alternative solutions, and the participants aligned (3). Therefore, private, for-profit correctional facilities were