Anidjar & Levine Legal Analysis Explores the Expanding Influence of Private Prisons on U.S. Incarceration Trends

Anidjar & Levine Legal Analysis Explores the Expanding Influence of Private Prisons on U.S. Incarceration Trends

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Fort Lauderdale, FL — A newly released legal review by the team at Anidjar & Levine is shedding renewed light on a growing concern in the American justice system: the expanding footprint of private, for-profit prisons, and their entanglement with mass incarceration, political lobbying, and systemic inequality.

While incarceration rates in the U.S. have remained high compared to global standards, recent data shows that an increasing portion of the prison population is being held in privately managed correctional facilities, where profit motives influence decisions about sentencing, facility operations, and inmate care.

Profit Over Rehabilitation? The Rise of Private Prisons in America

Data from the Bureau of Justice Statistics (BJS) reveals that as of the end of 2022, nearly 91,000 inmates, or about 8% of all U.S. state and federal prisoners, were housed in private prisons. This number has grown modestly over the past two decades, but the power wielded by private prison corporations has grown exponentially, thanks in part to aggressive lobbying and cost-reduction strategies that appeal to cash-strapped governments.

Companies like CoreCivic and GEO Group, which collectively control the majority of private prison contracts in the country, generate more than $3.5 billion annually, much of it from federal and state correctional budgets. While these contracts are often justified with claims of efficiency, a closer look at the data tells a different story.

“Private prison contracts are not just business deals; they have lasting consequences on civil liberties, inmate rehabilitation, and sentencing fairness,” said a spokesperson for Anidjar & Levine, who routinely represent clients navigating complex criminal and civil systems.

States Most Dependent on For-Profit Prisons

While 22 states have fully opted out of using private correctional facilities, others remain heavily reliant. As of 2022:

  • Montana leads the nation, housing nearly half (49.4%) of its prison population in private facilities.
  • New Mexico, Arizona, Tennessee, and Hawaii also house between 23% and 30% of their inmates in private prisons.

In contrast, states like California, New York, and Wisconsin have moved away from the private model, citing public safety and ethical concerns.

Who Pays the Price?

One of the most controversial aspects of private prisons is the use of low-wage inmate labor, often paying between 13 and 52 cents per hour, far below minimum wage standards. This labor, combined with reduced staffing costs and minimal inmate services, allows private companies to operate with 12% lower per-inmate costs, according to industry reports. But these savings often come at a human cost:

  • Violent incidents in private prisons occur 65% more often than in public facilities.
  • Infectious diseases such as tuberculosis have been reported at three times the rate in private facilities, linked to overcrowding and poor sanitation.
  • Recidivism rates tend to be higher, calling into question the long-term societal costs of these short-term savings.

The Role of Lobbying and Legislation

Private prison companies have spent over $1 million annually on political lobbying, much of it aimed at preserving mandatory minimums, three-strikes laws, and other sentencing policies that increase prison populations. The alignment between incarceration rates and profitability has become a focus of criminal justice reform advocates nationwide.

In early 2025, President Trump signed an executive order reversing a previous ban on federal contracts with private prisons. While federal facilities had reached zero private prison usage under the previous administration, the new policy reopened the door for companies to begin accepting federal inmates once again.

Legal and Social Implications

Legal experts at Anidjar & Levine argue that the influence of private corporations in the penal system undermines efforts to create a just, rehabilitative, and equitable legal environment.

“When liberty becomes a commodity, the consequences ripple far beyond prison walls,” said the firm’s spokesperson. “We see this firsthand in our criminal and civil cases, from sentencing disparities to poor prison conditions and limited access to rehabilitation. It’s not just a legal issue; it’s a human rights issue.”

Moving Forward: Reform and Responsibility

As calls for reform grow louder, advocates are urging lawmakers to phase out private prison contracts, invest in evidence-based rehabilitation, and increase transparency around incarceration data. With 87% of U.S. inmates still housed in public facilities, there remains room for the public sector to lead by example in reshaping the future of corrections.

Anidjar & Levine continue to monitor policy changes at both the state and federal levels and advocate for legal reforms that protect public interest over private profits.


About Anidjar & Levine, P.A.
Anidjar & Levine is a Florida-based law firm specializing in personal injury, criminal defense, and civil litigation. With a commitment to justice and community advocacy, the firm provides comprehensive legal representation while also engaging in policy conversations that affect the lives of everyday Americans.

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