This report discusses the use of prison bed occupancy guarantee clauses in prison privatization contracts and explores how bed occupancy guarantees undermine criminal justice policy and democratic, accountable government. The report sheds light on the for-profit private prison industry’s reliance on high prison populations, and how these occupancy guarantee provisions directly benefit its bottom line. Also discussed are the prevalence of bed guarantee clauses, drawing on set of contracts that ITPI obtained through state open records requests. We also address how occupancy guarantees have harmed states, focusing on the experiences of Arizona, Colorado, and Ohio — three states that have agreed to these provisions to detrimental consequences. Lastly, the report discusses our recommendation that governments can and should reject prison occupancy guarantees.
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