Limiting Private PrisonsCategory: Social Justice | Strength: Mild | Proposed by: Youssath
The World Assembly,
ACKNOWLEDGING that the precedent resolution before this, GA#468: Prohibit Private Prisons, was repealed on possible grounds of misinterpretations and exploits,
OPTIMISTIC that the ratification of this improved resolution can at least promote a minimum standard of living of inmates to ensure proper rehabilitation and reconciliation for their crimes,
CONCERNED that the lack of any further legislation on private prisons can pose a validated risk to national security and public order,
DETERMINED to eradicate profit-driven recidivism within member nations, and to promote the legitimate penological goals of their punishments,
Hereby,
1. DEFINES in context of this resolution:2. MANDATES all member states and their political subdivisions:
- A "prison" as a penitentiary, jail, jailhouse, or other correctional or detention centre that holds and houses, on a permanent or temporary basis for a fixed duration of time, individuals who have been convicted of crimes and are serving criminal sentences,
- A "private prison" as a prison that is entirely or primarily, owned or operated by a nongovernmental or state-owned corporation, a private individual or any other private actor or actors;
3. RECOMMENDS that member states and political subdivisions, lacking a sufficient number of public prisons, implement Section 2 of this resolution by using the power of eminent domain to transfer prisons from private hands to public ownership (i.e. nationalization);
- To establish a national plan, within two calendar years of this resolution's passage, to commence the termination of the construction of all new private prisons and to end public leases controls of public prisons to both private and state-owned corporations while honouring the original contracts; and
- To ensure that the general well-being, recidivism rates and performance of any existing private prisons must be better or match the average standards of a public prison with a deviation of no more than 10% either within the political constituencies, provinces or by nationwide;
4. REQUIRES that should Section 2 of this resolution or any part thereof be breached, member nations are obliged to send a written notice to all relevant parties of the private prison to address the violation and its potential consequences;
5. MANDATES all member nations, pursuant to Clause 4, to impose and enforce immediate financial penalties relative to the prison's gross income flow to make further prison operations unprofitable to the non-compliant private or state-owned corporations;
6. PROHIBITS all member states from transferring or receiving inmates to prisons in foreign nations for any reason, operated publicly or privately, unless an extradition treaty and a reasonable valid justification are in effect;
7. CLARIFIES that the resolution shall not extend to apply to private probation, home detention, and other similar practices deemed by the member states through the use of private properties or entities in the legal justice system;
8. FURTHER CLARIFIES that this resolution shall not extend to prohibit member states and their political subdivisions from contracting with private entities on the provisions of goods and services, such as public utilities, foodstuffs, and health services, to prisons regardless of ownership and its operation;
9. DECLARES that member states and their political subdivisions may by right impose, on the right conferred by Section 2 and 3, such exemptions as it considers necessary or expedient in the interest of national security and public order, such as national disasters, on a temporary basis if necessary for the safety, health, or welfare of prisoners.
10. ALSO DECLARES that member nations may by right impose:Co-authored by Kenmoria
- On the right conferred by Section 2, such exemptions as it considers necessary or expedient if it can be reasonably ascertained that the private or state-owned corporation is or can be a non-profit organization for at least, starting from the ratification of this resolution, fifty calendar years;
- On the right conferred by Section 2(2), such exemptions as it considers necessary or expedient if such violations can be corrected with good performance within the next two calendar years and shall not occur again within the next twenty calendar years;
- On the right conferred by Section 3, such exemptions as it considers necessary or expedient in the interest of national security and public order; and
- On the right conferred by Section 5, such exemptions as it considers necessary or expedient in the interest of world order, international requirements and combating international terrorism.
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