[PASSED] Prohibit Private Prisons

[Christian Democrats]

I've categorized this proposal as Social Justice because it would reduce economic freedom in the interest of the basic welfare of society. In other words, this proposal is Social Justice, not Civil Rights, because it would primarily impact economic rights, not civil rights. The proposal is Mild because private imprisonment (I hope) is a small industry in the World Assembly and because prisoners (I hope) are only a small portion of member state populations. I look forward to your comments and suggestions.

General Assembly Resolution # 468
Prohibit Private Prisons
A resolution to reduce income inequality and increase basic welfare.

Category: Social Justice | Strength: Mild | Proposed by: Christian Democrats

The General Assembly,

Persuaded that prisons should aim to reduce recidivism rates and to perform their functions at the lowest possible costs to the public that are consistent with the dignity of inmates,

Recognizing that capitalism promotes and that business enterprises pursue the acquisition of repeat customers and the maximization of profits,

Deeply concerned that capitalism, in the context of prisons, creates perverse incentives to increase recidivism rates (more repeat customers) and to increase public expenditures on prisons (greater profit maximization), contrary to legitimate penological goals and the general welfare,

1. Defines a "prison" as a prison, penitentiary, jail, jailhouse, or other correctional or detention center that holds and houses, on a permanent or long-term basis, individuals who have been convicted of crimes and are serving criminal sentences;

2. Further defines a "private prison" as a prison that is entirely owned and operated or primarily owned and operated by a nongovernmental corporation, a private individual, or any other private actor or actors;

3. Requires all member states and their political subdivisions, within two calendar years of this resolution's passage and in perpetuity thereafter, to discontinue their use of private prisons for the incarceration of individuals convicted of crimes and serving criminal sentences;

4. Recommends that member states and political subdivisions, lacking a sufficient number of public prisons, implement Section 3 of this resolution by using the power of eminent domain to transfer prisons from private hands to public ownership (i.e., nationalization);

5. Clarifies that this resolution shall not be construed to extend to home detention, private probation, supervised release, halfway houses, and other similar practices, making use of private properties or private actors, in the criminal justice system;

6. Further clarifies that this resolution shall not be construed to prohibit member states and their political subdivisions from contracting with private actors for the provision to prisons of goods and services, such as public utilities, foodstuffs, and health services, that are incidental to prison ownership and operation; and

7. Declares that member states and their political subdivisions, notwithstanding Section 3 of this resolution, may use private facilities and private actors for imprisonment on a temporary basis, but only when it is necessary for the safety, health, or welfare of prisoners -- e.g., an emergency evacuation before a hurricane requires a prison warden to relocate his prison population to a private facility that is located inland.

For: 8,576 (57.3%)
Against: 6,401 (42.7%)
Passed: Sun Jul 21 2019

[Bananaistan]

OOC: So let's say a nation has private prisons and abolishes them all within two years. That's grand but there's nothing stopping them from then reestablishing them. Also any member nation which joins two years from passage of this, would have no requirement to follow.

[Araraukar]

OOC: How would this affect prisons which are owned and run by companies or corporations where the state is the majority owner but which are partially owned by private citizens or businesses? The prison-owning/running businesses would be run like privately-owned ones, with profits expected, rather than non-profit or state-run institutions.

[Bears Armed]

Social Justice - A resolution to reduce income inequality and increase basic welfare.

OOC: How does this reduce income inequality?

[The Puddle Jumping Wads of Wrapper]

ARI: Well, considering we have absolutely no crime in our nation-- Wad Ahume, stop that, I can see when you roll your eyes at me. Anyway, no crime, no prisons, no criminals, except for, of course, those who are mentally ill and are kept -- erm, are rehabilitated in hospitals which may or may not be government run. So. My point is. Since a mental institution for the criminally insane may be considered a type of long-term detention center, is it your intent for this proposal to forbid private ownership of such hospitals as well?

[States of Glory WA Office]

OOC: Illegal. Clearly an Ideological Ban on anarcho-capitalism.

IC: Neville: Ambassador, would regulations on private prisons not be more reasonable and more likely to pass than an outright ban?

[Gig em Aggies]

Plus what if nations can't afford to run these private prisons once their banned?

[Sciongrad]

OOC: Illegal. Clearly an Ideological Ban on anarcho-capitalism.

*scowls*

[Atkemri]

It looks good but I could never vote for it. I'm just saying their not forcing people to go to jail.

[Wallenburg]

"What of member states whose governments are run by megacorporations?" Ogenbond shudders. "As much as that idea revolts me, you must admit that this proposal would ban privately-owned governments from keeping prisons at all."

[Bakhton]

"We support as written."

[Imperium Anglorum]

"What of member states whose governments are run by megacorporations?" Ogenbond shudders. "As much as that idea revolts me, you must admit that this proposal would ban privately-owned governments from keeping prisons at all."

Jennifer Government would be appalled.

[Grays Harbor]

Deeply concerned that capitalism, in the context of prisons, creates perverse incentives to increase recidivism rates (more repeat customers) and to increase prison expenditures (greater profit maximization), contrary to legitimate penological goals and the general welfare,

So, what is this goal of which you speak? I don't know about you but our goal is to get folks doing bad and/or illegal things off the street and away from folks not doing bad and/or illegal things.

And, just how do "private" prisons increase recidivism? "OK, Junior, you done your time, you can go. And here's your free CrimeKit^TM. Tell your next judge you want to come back here 'cause of how good we treated ya!

This whole thing smacks of "Only the Gummint can do this right, y'all, 'cause thy are always kind and beneficient!"

[Sciongrad]

Deeply concerned that capitalism, in the context of prisons, creates perverse incentives to increase recidivism rates (more repeat customers) and to increase prison expenditures (greater profit maximization), contrary to legitimate penological goals and the general welfare,

So, what is this goal of which you speak? I don't know about you but our goal is to get folks doing bad and/or illegal things off the street and away from folks not doing bad and/or illegal things.

And, just how do "private" prisons increase recidivism? "OK, Junior, you done your time, you can go. And here's your free CrimeKit^TM. Tell your next judge you want to come back here 'cause of how good we treated ya!

This whole thing smacks of "Only the Gummint can do this right, y'all, 'cause thy are always kind and beneficient!"

"It is, of course, in the interest of private prisons to encourage recidivism. That may mean that they deliberately fail to implement rehabilitative services or create conditions that incite further violent behavior. It's less an issue of loving government and more an economic issue of failing to align incentives and interests."

[Imperium Anglorum]

And, just how do "private" prisons increase recidivism? "OK, Junior, you done your time, you can go. And here's your free CrimeKit™. Tell your next judge you want to come back here 'cause of how good we treated ya!

OOC: I'd bet it would have something to do with believing that prisons would fail to provide rehabilitation services since (for some unexplained reason that never appeals to anything beyond 'corporations are bad') they would want to send more people to jail to increase their profits, as if prisons were not an increasing cost industry.

Of course, such a presumption can easily be beaten back by the use of rationally apportioned incentives for prison firms to actually provide rehabilitation, along with a more free conception of prisoner self-selection to different institutions to avoid market entry-exit problems. Altogether, I don't think banning private prisons is necessary. Regulations should obviously be put into force. That is where efforts ought be realised.

[Greifenburg]

Deeply concerned that capitalism, in the context of prisons, creates perverse incentives to increase recidivism rates (more repeat customers) and to increase prison expenditures (greater profit maximization), contrary to legitimate penological goals and the general welfare,

So, what is this goal of which you speak? I don't know about you but our goal is to get folks doing bad and/or illegal things off the street and away from folks not doing bad and/or illegal things.

And, just how do "private" prisons increase recidivism? "OK, Junior, you done your time, you can go. And here's your free CrimeKit^TM. Tell your next judge you want to come back here 'cause of how good we treated ya!

This whole thing smacks of "Only the Gummint can do this right, y'all, 'cause thy are always kind and beneficient!"

This is a worthwhile goal. Unfortunately, private prisons and their respective operating companies have been found influencing the jurisdictal system to get more inmates in several cases, since those are required for the profit. Which means, that actual innocent people where imprisoned just for the money and you failed that goal for the profit of it.

[Imperium Anglorum]

This is a worthwhile goal. Unfortunately, private prisons and their respective operating companies have been found influencing the jurisdictal system to get more inmates in several cases, since those are required for the profit. Which means, that actual innocent people where imprisoned just for the money and you failed that goal for the profit of it.

This is a problem. But it is not fundamentally a problem with prisons particularly. Lobbying and corruption will occur wherever rent-seeking behaviour is prevalent. In the same way rent-seeking behaviour emerges around petrol states, the solution to this is not ban everything or eliminate petrol extraction, it is prevent them from corrupting justice or, here, stopping the use of funds for political reasons.

[Greifenburg]

This is a problem. But it is not fundamentally a problem with prisons particularly. Lobbying and corruption will occur wherever rent-seeking behaviour is prevalent. The solution to this is not ban everything, it is prevent them from corrupting justice.

You are right that this isn't a problem with prisons. But it is one of private prisons for the simple reason that it is a profit-oriented organisation holding it. It is a simple fact that, in this regard, the goals of the company directly contradicts the governmental goal (reducing crime is a deep wish of most governments, whereas less crime would mean less inmates and therefore less profit for the prison), and due to that, not only the corruption of the judical system becomes more likely, but also the rehabilitation less desireable, making it a breeding ground for more crime and, eventually, even social unrest.

[Imperium Anglorum]

You are right that this isn't a problem with prisons. But it is one of private prisons for the simple reason that it is a profit-oriented organisation holding it. It is a simple fact that, in this regard, the goals of the company directly contradicts the governmental goal (reducing crime is a deep wish of most governments, whereas less crime would mean less inmates and therefore less profit for the prison), and due to that, not only the corruption of the judical system becomes more likely, but also the rehabilitation less desireable, making it a breeding ground for more crime and, eventually, even social unrest.

Yes, that is the problem. The solution is to provide incentives to pursue rehabilitation programmes rather than simply holding some persons for the duration of their sentences. The issue is in the disbursement of renumeration, not in the industry itself.

[Greifenburg]

Yes, that is the problem. The solution is to provide incentives to pursue rehabilitation programmes rather than simply holding some persons for the duration of their sentences. The issue is in the disbursement of renumeration, not in the industry itself.

While this is indeed one issue, it is only one of many. Even with payments for the programmes, companies are likely to think twice if a successful rehabilitation is in their financial interest. From a business view, we are not talking about the prisoners and participants of the programmes as humans, but as a number and a resource, one that is even regenerative. Which business would pass such a golden opportunity!

Then there is another issue with the incentives. Are those payed for the successful reintegrations only (which can take a long time to assess), or in anyway (since the failure can be blamed on the criminal).

[Socialista Libertario]

Strongest possible support.

[Socialista Libertario]

"What of member states whose governments are run by megacorporations?" Ogenbond shudders. "As much as that idea revolts me, you must admit that this proposal would ban privately-owned governments from keeping prisons at all."

"nongovernmental corporation" – read the text

[Araraukar]

"What of member states whose governments are run by megacorporations?" Ogenbond shudders. "As much as that idea revolts me, you must admit that this proposal would ban privately-owned governments from keeping prisons at all."

"nongovernmental corporation" – read the text

You missed the point. If the government itself is privately owned, any corporation owned by it, is also privately owned.

[Wallenburg]

"What of member states whose governments are run by megacorporations?" Ogenbond shudders. "As much as that idea revolts me, you must admit that this proposal would ban privately-owned governments from keeping prisons at all."

"nongovernmental corporation" – read the text

A governmental corporation is a corporation owned by a government. I am talking about a government owned by a corporation. The two are very different.

[Fauxia]

OOC: So let's say a nation has private prisons and abolishes them all within two years. That's grand but there's nothing stopping them from then reestablishing them. Also any member nation which joins two years from passage of this, would have no requirement to follow.

I don't believe this is correct. It prohibits any member nation from privatized prisons after two years' time. This means that a new WA nation wouldn't be allowed to have private prisons except, if it has private prisons and then joins the WA, they must utilize section 7