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Private Sector Involvement in Corrections
Although most correctional programs are operated by public
agencies, there is increasing interest in the use of profit and
nonprofit organizations as providers of services, facilities,
and programs. Profit and nonprofit organizations have resources
for the delivery of services that often are unavailable from the
public correctional agency.
Policy Statement:
Government has the ultimate authority and responsibility for
corrections. For its most effective operation, corrections
should use all appropriate resources, both public and private.
When government considers the use of profit and nonprofit
private sector correctional services, such programs must meet
professional standards, provide necessary public safety, provide
services equal to or better than government, and be
cost-effective compared to well managed governmental operation.
While government
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retains the ultimate responsibility, authority, and accountability for
actions of private agencies and individuals under contract, it is
consistent with good correctional policy and practice to:
A. Use in an advisory and voluntary role the expertise and resources
available from profit and nonprofit organizations in the development
and implementation of correctional programs and policies;
B. Enhance service delivery systems by considering the concept of
contracting with the private sector when justified in terms of cost,
quality and ability to meet program objectives;
C. Consider use of profit and nonprofit organizations to develop,
fund, build, operate, and/or provide services, programs, and
facilities when such an approach is cost-effective, safe, and
consistent with the public interest and sound correctional practice;
D. Ensure the appropriate level of service delivery and compliance
with recognized standards through professional contract preparation
and vendor selection as well as effective evaluation and monitoring
by the responsible government agency; and
E. Indicate clearly in any contract for services, facilities, or
programs the responsibilities and obligations of both government and
contractor, including but not limited to liability of all parties,
performance bonding, and contractual termination.
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