Evil of for-profit prisons

Just this past August, I had praised the Obama Justice administration, under the direction of Attorney General Loretta Lynch, for ending a medieval practice of putting prisoners in the hands of greedy corporations. Modern prisons are supposed to be humane facilities, offering inmates the hope of rehabilitation and eventual reintegration into society. Private prisons are just about the almighty dollar.

At the federal level, the reality of private prisons is becoming a natural mirage. As our federal prison population shrinks, the need for private prison also shrinks. Part of the allure of private prisons is that they are built by profit-seeking corporations, paid for by private monies, as opposed to government expenditure. If the prison is no longer needed, the government is not on the hook for a white elephant of an edifice.

And, for the first time in at least a generation, the number of Americans incarcerated at the federal level is showing a steady downward trajectory. During the Obama administration, there were 5 percent less federal prisoners at the end of his term than at the beginning. This was the first time we had seen this type of positive trend in more than 30 years.

Prisons are a necessary evil, but if we become enchanted with them, we hollow out our society. Bad people need to be locked up to keep us all safe. The problem is the net we cast in our definition of “evil” people is too wide, capturing the mentally ill, the addicted and the socially empty with those who truly mean us harm. When we lock up these potentially productive members of our society, we both rob us of their future contributions and we have to use precious tax dollars to do so. This is a double “tax,” a drain on our potential and drain on our economic resources.

Private prisons are the worst possible solution; government prisons are cheaper and better run than bastardized private ones. Corporations, rightfully, are self-interested and cannot possibly be concerned about prisoners’ well-being or society’s desire to become de-institutionalized. In fact, their very existence creates a powerful lobbying voice against emptying prisons or alternative sentencing options for judges and prosecutors. Once a private prison is built, it fights for its existence and to stay relevant – the cruelest form of inertia.

There is so much energy at the federal and state level against imprisonment. The emptying of federal prisons is largely a consequence of recognizing that non-violent drug offenders are over imprisoned. Here in Georgia, we have veterans’ courts, DUI courts, mental health courts or their varying iterations that are all designed to try to provide the wayward with the tools to remain a part of a society and to avoid unforgiving prison cells. The last thing we need is private prison corporations lobbying elected officials against a more humane approach to fighting crime.

Unfortunately, the Obama administration Justice Department’s sunshine is being brushed aside by the darkness of Jeff Sessions’ Justice Department. Our new attorney general has reversed what was just done and, once again, the federal government is back in the business of private prisons.

Prisoners make poor choices, landing them behind bars, and there can be no sympathy with the result. Once imprisoned, though, they become the most powerless members of our society. They exist on the edges of civilization. They have no freedom, no right to participate in our election system, no way to defend themselves against institutional abuse, except for lawyers and judges willing to recognize their need for protection. They have no hope, except to survive until their release date.

The arrogance and disdain for inmates in private prisons is palpable. At least, when jailors are government employees, there is some modicum of bureaucratic oversight and supervision of each facility. This is not true for private prisons – the only supervision of one is the monthly operational check written to a faceless corporation.

It is not easy being a jailor. It is a dangerous and tough job trying to corral some of the worst of our society. It is also easy to slide into believing they are less than human and not deserving of compassion.

In private prisons, each prisoner represents a paycheck, instead of a human being. The worst example of this is in the woefully inadequate medical care they receive. Any prison population is a closed environment of some of the sickest in our society. Close quarters, unhealthy diet, stress and inactivity is recipe for poor health. This collection of health risks becomes amplified as inmates age.

Guess where private prisons can cut corners to make more money…Yep, health care. They hire under-trained, under-supervised and under-motivated nursing staff to provide the barest of care. Inmates have no right to seek outside medical care, so they slowly deteriorate and die an early death.

This, then, is what Attorney General Jeff Sessions’ decision means. He is choosing corporate dollars over humanity. Sad.

Local attorney Jim Rockefeller owns the Rockefeller Law Center and is a former Houston County chief assistant district attorney and a former Miami prosecutor. Visit www.rockefellerlawcenter.com to submit confidential legal questions and to review former articles and frequently asked questions.

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