Seventeen-year-old Hillary Transue did what lots of 17-year-olds do: Got into mischief. Hillary's mischief was composing a MySpace page poking fun at the assistant principal of the high school she attended in Wilkes-Barre, Pennsylvania. Hillary was an honor student who'd never had any trouble with the law before. And her MySpace page stated clearly that the page was a joke. But despite all that, Hilary found herself charged with harassment. She stood before a judge and heard him sentence her to three months in a juvenile detention facility.
What she expected was perhaps a stern lecture. What she got was a perp walk - being led away in handcuffs as her stunned parents stood by helplessly. Hillary told The New York Times, "I felt like I had been thrown into some surreal sort of nightmare. All I wanted to know was how this could be fair and why the judge would do such a thing."
It wasn't until two years later that she found out why. In Scranton, Pennsylvania, two judges pleaded guilty to operating a kickback scheme involving juvenile offenders. The judges, Mark Ciavarella Jr. and Michael Conahan, took more than $2.6 million in kickbacks from a private prison company to send teenagers to two privately run youth detention centers. Since 2003, Ciaverella had sentenced an estimated 5,000 juveniles. Conahan was accused of setting up the contracts. Many of the youngsters shipped off to the detention centers were first-time offenders.
PA Child Care is a juvenile detention center in Pittston Township, Pennsylvania. It was opened in February 2003. It has a sister company, Western PA Child Care, in Butler County, Pennsylvania. Treatment at both facilities is provided by Mid Atlantic Youth Services. Gregory Zappala took sole ownership of the company when he purchased co-owner Robert Powell's share in June 2008.
In July 2009, Powell pled guilty to failing to report a felony and being an accessory to tax evasion conspiracy in connection with $770,000 in kickbacks he paid to Ciavarella and Conahan in exchange for facilitating the development of his facilities.
The childcare facilities have also been criticized for their costs, which ranged as high as $315 per child per day. Butler County paid Western PA Child Care about $800,000 in payments between 2005 and 2008. Butler County did not renew Western PA Child Care's contract after an extension of the contract ran out at the end of 2008.
The juvenile detention center Hillary was sent to was a private, for-profit facility run by one of the more than 50 companies operating in the five billion dollar private prison industry.
These companies have names you've probably never heard of - like Corrections Corporation of America (CCA) and GEO.
Ironically, it's the federal and state criminal justice systems that produce the private prisons phenomenon and create the opportunity for private operators to capitalize. What they are capitalizing on is America's obsession with handing out long prison sentences out of all proportion to the crimes committed.
Today, the United States has locked up more prisoners than any other country in the world - 2.3 million-plus people locked up in state and federal prisons and county jails. This has predictably resulted in a shortage of publicly owned prison beds - a shortage increasingly being filled by companies that charge so many dollars for each convict sent their way.
Detainees include immigrants who have applied for asylum in the US and others awaiting hearings before being deported. The number of people detained has soared to more than 400,000 a year. According to Immigration and Customs Enforcement (ICE), part of the sprawling Department of Homeland Security (DHS), the average detention is about one month, although some detainees are kept for years. The cost of detention is estimated to be $1.7 billion annually.