Kentucky ponders use of private prisons

As Kentucky’s prison population rises and county jails become overcrowded, the state may reopen a pair of private prisons to temporarily take in more than 1,600 inmates.

The state stopped housing inmates in private prisons in 2013, but there has been unexpected growth in the number of state prisoners over the last seven months, Justice and Public Safety Cabinet Secretary John Tilley said. State prisons are at capacity, and county jails are housing a record number of state inmates.

Over 11,000 of Kentucky’s roughly 23,600 state inmates are being held in those facilities, and many county jailers say they can’t handle any more, Tilley said. In the short run, only one option seems viable: the temporary use of private prisons.

The state could transfer around 1,642 inmates to the Marion Adjustment Center in St. Mary and the Lee Adjustment Center in Beattyville, which are owned by the Corrections Corp. of America (CCA), Tilley said. Those facilities are closed but still are being maintained.

"This doesn’t represent a change in philosophy," he said. "This is simply a pragmatic approach to a problem of capacity that we have at the moment."

Tilley said he discussed this issue with legislators Thursday at a meeting of the Interim Joint Committee on Appropriations and Revenue.

CCA is aware of the justice cabinet's interest in using its facilities, Jonathan Burns, the company's director of public affairs, said in an email Friday. The company had conversations with government officials earlier this year, but the state hasn't contacted it about this specific proposal.

However, Burns said CCA would be willing to reopen those prisons if the state decides to move forward with that plan.

The private-prison option is still under review, but the executive branch has the authority to implement that course of action if it's deemed appropriate, Tilley said. They are not recommending the use of the Otter Creek Correctional Center in Wheelwright, which is more remote in location.

Before the CCA-owned Otter Creek facility closed, there were reports of sexual abuse that occurred within its walls. Tilley said the state's No. 1 priority would be accountability if the other private prisons are reopened.

"We'll do everything in our power to avoid any of those problems that have existed in the past," he said.

The factors behind Kentucky's increasing prison population include high numbers of drug-related arrests and parole violators and a high percentage of felony offenders who are getting prison time, Tilley said. Those same things contributed to the state's spike in inmates back in the '00s.

The Louisville Metro Department of Corrections isn't immune to Kentucky's overcrowding problems.

The department is using the previously shuttered jail facility located above the Louisville Metro Police Department to house around 97 inmates, but some prisoners still have to sleep on the floor, Assistant Director Steve Durham said.

"We're ready for the Kentucky Department of Corrections to take the next step," he said. "I know they're working hard to find a solution..."

As of Friday morning, the Louisville Metro DOC had 2,069 inmates in its custody, but its fixed-bed capacity totals just 1,793 beds, Durham said. Around 300 state inmates in its care await transfer into state custody, but there's nowhere to put them.