Reforming Our Incarceration System to Eliminate the Use of Privately Operated Criminal Detention Facilities | |
Type | Executive order |
---|---|
Executive Order number | 14006 |
Signed by | Joe Biden on January 26, 2021 |
Federal Register details | |
Federal Register document number | 2021-02070 |
Publication date | 26 January 2021 |
Summary | |
Requires that the Department of Justice does not renew contracts with privately-operated prisons. |
Executive Order 14006, officially titled Reforming Our Incarceration System to Eliminate the Use of Privately Operated Criminal Detention Facilities, is an executive order signed by U.S. President Joe Biden on January 26, 2021. [1] [2] The Department of Justice will not renew any existing contracts with privately operated prisons.
It will gradually abolish the US government's reliance on privately operated detention facilities as they tend to not have the same level of safety as state-owned ones. [3]
A private prison, or for-profit prison, is a place where people are imprisoned by a third party that is contracted by a government agency. Private prison companies typically enter into contractual agreements with governments that commit prisoners and then pay a per diem or monthly rate, either for each prisoner in the facility, or for each place available, whether occupied or not. Such contracts may be for the operation only of a facility, or for design, construction and operation.
The prison-industrial complex (PIC) is a term, coined after the "military-industrial complex" of the 1950s, used by scholars and activists to describe the many relationships between institutions of imprisonment and the various businesses that benefit from them.
Incarceration in the United States is one of the primary means of punishment, penal labor and rehabilitation, for the commission of crimes or other offenses. Prison terms are typically reserved for those found guilty of more serious crimes, defined as felonies by state and federal legislatures. Over five million people are under supervision by the criminal legal system. Nearly two million people are incarcerated in state or federal prisons and local jails, 2.9 million people are on probation, and over 800,000 people are on parole. At year-end 2021, 1,000,000 people were incarcerated in state prisons; 157,000 people were incarcerated in federal prisons; and, 636,000 people were incarcerated in local jails. By year-end 2021, the U.S. prison population had declined 25% since reaching its peak in 2009. The nearly 1.2 million people imprisoned in 2021 were nearly six times the prison population 50 years ago, before the prison population began its dramatic growth.
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.
The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that is, violations of the United States Code.
The Prison Rape Elimination Act of 2003 (PREA) is the first United States federal law intended to deter the sexual assault of prisoners. The bill was signed into law on September 4, 2003.
CoreCivic, formerly the Corrections Corporation of America (CCA), is a company that owns and manages private prisons and detention centers and operates others on a concession basis. Co-founded in 1983 in Nashville, Tennessee by Thomas W. Beasley, Robert Crants, and T. Don Hutto, it received investments from the Tennessee Valley Authority, Vanderbilt University, and Jack C. Massey, the founder of Hospital Corporation of America.
The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.
The Vera Institute of Justice, founded in 1961, is an independent nonprofit national research and policy organization in the United States. Based primarily in New York City, Vera also has offices in Washington, DC, and describes its goal as "to tackle the most pressing injustices of our day: from the causes and consequences of mass incarceration, racial disparities, and the loss of public trust in law enforcement, to the unmet needs of the vulnerable, the marginalized, and those harmed by crime and violence."
The GEO Group, Inc. (GEO) is a publicly traded C corporation that invests in private prisons and mental health facilities in North America, Australia, South Africa, and the United Kingdom. Headquartered in Boca Raton, Florida, the company's facilities include illegal immigration detention centers, minimum security detention centers, and mental-health and residential-treatment facilities. It also operates government-owned facilities pursuant to management contracts. As of December 31, 2021, the company managed and/or owned 86,000 beds at 106 facilities. In 2019, agencies of the federal government of the United States generated 53% of the company's revenues. Up until 2021 the company was designated as a real estate investment trust, at which time the board of directors elected to reclassify as a C corporation under the stated goal of reducing the company's debt.
The penal system in China is composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States. The country's per-capita incarceration rate is 121 per 100,000. China also retains the use of the death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while they are detained.
According to the latest available data at the World Prison Brief on May 7, 2023, the United States has the sixth highest incarceration rate in the world, at 531 people per 100,000. Between 2019 and 2020, the United States saw a significant drop in the total number of incarcerations. State and federal prison and local jail incarcerations dropped by 14% from 2.1 million in 2019 to 1.8 million in mid-2020. In 2018, the United States had the highest incarceration rate in the world.
Prison Legal News (PLN) is a monthly American magazine and online periodical published since May 1990. It primarily reports on criminal justice issues and prison and jail-related civil litigation, mainly in the United States. It is a project of the Human Rights Defense Center (HRDC), a 501(c)(3) non-profit organization.
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which convicted criminals are confined involuntarily and denied a variety of freedoms under the authority of the state as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.
The United States incarcerates more of its youth than any other country in the world through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.
The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection and the Immigration and Customs Enforcement (ICE). Immigrants are detained for unlawful entry to the United States, when their claims for asylum are received, and in the process of deportation and removal from the country. During Fiscal Year 2018, 396,448 people were booked into ICE custody: 242,778 of whom were detained by CBP and 153,670 by ICE's own enforcement operations. A daily average of 42,188 immigrants were held by ICE in that year. In addition, over twelve thousand immigrant children are housed by facilities under the supervision of the Office of Refugee Resettlement's program for Unaccompanied Alien Children. Prior to referral to these other agencies, the CBP holds immigrants at processing centers; between mid-May and mid-June 2019, it held between 14,000 and 18,000 immigrants.
The Leavenworth Detention Center was a privately run maximum-security federal prison located in Leavenworth, Kansas. The facility was owned and operated by CoreCivic formerly named Corrections Corporation of America under contract with the United States Marshals Service.
Family detention is the detention of multiple family members together in an immigration detention context. In the U.S. they are referred to as family detention camps,family detention centers, or family detention facilities.
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000; meaning that the United States no longer has the highest incarceration rate in the world, but remains in the top 5.
Joe Biden's immigration policy is primarily based on reversing many of the immigration policies of the previous Trump administration. During his first day in office, Biden reversed many of Trump's policies on immigration, such as halting the construction of the Mexican border wall, ending Trump's travel ban restricting travel from 14 countries, and an executive order to reaffirm protections for DACA recipients. The Biden administration and Department of Homeland Security, under leadership of Alejandro Mayorkas, dramatically reined in deportation practices of Immigration and Customs Enforcement (ICE), prioritizing national security and violent crime concerns over petty and nonviolent offenses. However, Biden has also faced criticism for extending Title 42, a Trump administration border restriction that arose due to the COVID-19 pandemic, as well as restarting the use of expediting families in Central America, which can cause families to be sent back in weeks, compared to years for an average immigration case. In the fiscal year 2021, the US Border Patrol confirmed more than 1.6 million encounters with migrants along the US-Mexico border, more than quadruple the number in the previous fiscal year and the largest annual total on record. In January 2023, Biden announced a program to strengthen the admission of immigrants from Cuba, Haiti, Nicaragua, and Venezuela, while at the same time his administration will crack down on those who fail to use the plan's legal pathway and strengthen border security. In May 2023, the Biden Administration approved sending 1,500 more troops to the U.S.-Mexico border following Title 42's expiration.