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Why For-Profit Prisons House More Inmates Of Color

A new study by a UC-Berkeley graduate student has surprised a number of experts in the criminology field. Its main finding: Private prisons are packed with young people of color.

The concept of racial disparities behind bars is not exactly a new one. Study after report after working group has found a version of the same conclusion. The Sentencing Project estimates 1 in 3 black men will spend time behind bars during their lifetime, compared with 1 in 6 Latino men and 1 in 17 white men. Arrest rates for marijuana possession are four times as high for black Americans as for white. Black men spend an average of 20 percent longer behind bars in federal prisons than their white peers for the same crimes.

These reports and thousands of others have the cumulative effect of portraying a criminal justice system that disproportionately incarcerates black Americans and people of color in general.

Sociology Ph.D. student Christopher Petrella's finding in "The Color of Corporate Corrections," however, tackles a different beast.

Beyond the historical overrepresentation of people of color in county jails and federal and state prisons, Petrella found, people of color "are further overrepresented in private prisons contracted by departments of correction in Arizona, California and Texas."

This would mean that the racial disparities in private prisons housing state inmates are even greater than in publicly run prisons. His paper sets out to explain why — a question that starts with race but that takes him down a surprising path.

Age, Race And Money

First, a bit of background. Private prisons house 128,195 inmates on behalf of the federal government and state governments (or at least they did as of 2010). There's a continual debate among legislators and administrators as to which is more cost-effective: running a government-operated prison, with its government workers (and unions); or hiring a private company (like GEO or Corrections Corp. of America) to house your prisoners for you. States like California, Arizona and Texas use a combination of both.

In the nine states Petrella examined, private facilities housed higher percentages of people of color than public facilities did. Looking back at the contracts the private companies signed with the states, Petrella figured out the reason behind the racial disparity: private prisons deliberately exclude people with high medical care costs from their contracts.

Younger, healthier inmates, he found — who've come into the system since the war on drugs went into effect — are disproportionately people of color. Older inmates, who generally come with a slew of health problems, skew more white.

Steve Owens, senior director of public affairs for Corrections Corp. of America, one of the largest private prison companies in the nation, calls the study "deeply flawed."

In an email, Owens says, "CCA's government partners determine which inmates are sent to our facilities; our company has no role in their selection."

Furthermore, he says, "the contracts we have with our government partners are mutually agreed upon, and as the customer, our government partners have significant leverage regarding provisions." It's up to the contracting agency, he says, to decide how it wants to distribute inmates and manage health care costs.

Owens does not, however, dispute Petrella's numbers.

Gloria Browne-Marshall, an associate professor of constitutional law at John Jay College of Criminal Justice and a former civil rights attorney, says it's a "very interesting" study.

“ "Public prisons are devoting a lot of resources to the age-specific needs of their prisoners. ... What about the specific needs of the private prison population?"

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