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| Ky. attorney general's opinion says state can't privatize prison |
| By Associated Press |
| Published: 12/13/2004 |
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Kentucky law prohibits the state from privatizing a new prison in Elliott County, the attorney general's office said in an opinion last Tuesday. State government may contract with private companies for the "establishment, operation and management" of adult prisons. But because taxpayers paid for the Elliott County prison's construction, a private company may not be paid to operate and manage it, according to the opinion. "The adult correctional facility in Elliott County, not having been established by private provider, may therefore not be operated by a private provider," Deputy Attorney General Pierce Whites wrote in the opinion. House Majority Leader Rocky Adkins, D-Sandy Hook, asked Attorney General Greg Stumbo for a decision on the matter in October. Stumbo, a Democrat, was Adkins' immediate predecessor as House majority leader. Gov. Ernie Fletcher and other state Republicans have supported privatizing the new $90 million Little Sandy Correctional Complex in Elliott County. Fletcher has said the new prison is unnecessary because the state already has more prison beds than it needs. Justice and Public Safety Cabinet spokesman Chris Gilligan said state officials were reviewing the responses to its request for proposal on the prison privatization. The administration has still not determined its plans for the prison's management. The attorney general's opinion "will be considered," Gilligan said. "No decision has been made at this time," Gilligan said. "It's just a fact-finding mission. That's all it is." Currently, the state has two privately managed prisons: Lee Adjustment Center in Beattyville and Marion Adjustment Center in Lebanon. Elliott County is restricted from having a privately run prison because, among other things, it lacks some of the security outlined in state law, according to the opinion. The county does not have an established Kentucky State Police post, nor does it have a full-time police force. "The wisdom of this statutory directive is underscored by the recent riot at the privately run Lee Adjustment Center," White wrote. Adkins was not surprised by the opinion and hoped that would end talks of privatizing the facility, he said. "To hand over the keys to a private, for-profit company is wrong," Adkins said. "It's bad public policy." |
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