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55 Harv. C.R.-C.L. L. Rev. 1 (2020)
The Treatment-Industrial Complex: Alternative Corrections, Private Prison Companies, and Criminal Justice Debt

handle is hein.journals/hcrcl55 and id is 7 raw text is: The Treatment-Industrial Complex: Alternative Corrections, Private Prison Companies, and Criminal Justice Debt Laura I Appleman * Out of the 6.7 million adults caught up in the criminal legal system, approx- imately 4.5 million are under correctional control outside of prisons and jails. Within this hidden world of alternative corrections, people who are arrested, detained, imprisoned, put on probation or diversion, and even released are forced to pay a growing amount of money to various for-profit criminal jus- tice actors. Alternatives to incarceration are conditioned on fines, fees, and other forms of wealth extraction, causing a vicious cycle of poverty and indebt- edness that is virtually impossible to escape. This Article explores and analyzes the little-researched area of criminal justice debt arising from alternative cor- rections: how private corrections companies profit from supervising those indi- viduals released, paroled, sent to rehabilitation or diversion, placed on probation, or subject to forensic or civil commitment. These under-examined forms of for-profit correctional supervision-the treatment-industrial com- plex-have turned supposedly progressive alternatives to incarceration into cash-register justice. TABLE OF CONTENTS INTRODUCTION ...................................... ..... . ...... 2 I. WHERE CASH IS KING: HOw PRIVATE ALTERNATIVE CORRECTIONS BEGGARS THE POOR ....................... . 3 A. The Growth of Alternative Corrections ................ 4 B. Private Probation Companies ........................ 6 1. Pay-Only Probation ............................. 8 2. Drug and Alcohol Testing ........................ 9 3. Long-term Private Monitoring ................... 10 C. Drug Rehabilitation and Halfway Houses ............. 12 1. Drug and Alcohol Rehabilitation ................. 13 2. Rehabilitation in Free Labor: Forced Labor as Treatm ent ......... .............................. 18 D. Mental Illness and Forensic Mental Healthcare ........ 23 E. For-Profit Diversion Programs ....................... 28 * Associate Dean of Faculty Research and Van Winkle Melton Professor of Law, Willam- ette University. J.D., Yale University; B.A., M.A., Univ. of Pennsylvania. Thank you to David Friedman, Cynthia Godsoe, Brian Highsmith, Alexis Karterton, Lauren Ouizel, Jocelyn Simon- son, Kate Weisburd, and the exemplary editors of the Harvard Civil Rights-Civil Liberties Law Review for your thoughtful comments and edits. Thanks also to Willamette for its research support.

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