Reforming Our Incarceration System To Eliminate the Use of Privately Operated Criminal Detention Facilities

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Published

January 29, 2021

Signed

January 26, 2021

Issuing agencies

Executive Office of the President

Full Text

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<title>Federal Register, Volume 86 Issue 18 (Friday, January 29, 2021)</title>
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[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Presidential Documents]
[Pages 7483-7484]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-02070]

Presidential Documents

Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 /
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 7483]]

Executive Order 14006 of January 26, 2021

Reforming Our Incarceration System To Eliminate
the Use of Privately Operated Criminal Detention
Facilities

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. More than two million people are
currently incarcerated in the United States, including
a disproportionate number of people of color. There is
broad consensus that our current system of mass
incarceration imposes significant costs and hardships
on our society and communities and does not make us
safer. To decrease incarceration levels, we must reduce
profit-based incentives to incarcerate by phasing out
the Federal Government's reliance on privately operated
criminal detention facilities.

We must ensure that our Nation's incarceration and
correctional systems are prioritizing rehabilitation
and redemption. Incarcerated individuals should be
given a fair chance to fully reintegrate into their
communities, including by participating in programming
tailored to earning a good living, securing affordable
housing, and participating in our democracy as our
fellow citizens. However, privately operated criminal
detention facilities consistently underperform Federal
facilities with respect to correctional services,
programs, and resources. We should ensure that time in
prison prepares individuals for the next chapter of
their lives.

The Federal Government also has a responsibility to
ensure the safe and humane treatment of those in the
Federal criminal justice system. However, as the
Department of Justice's Office of Inspector General
found in 2016, privately operated criminal detention
facilities do not maintain the same levels of safety
and security for people in the Federal criminal justice
system or for correctional staff. We have a duty to
provide these individuals with safe working and living
conditions.

Sec. 2. Contracts with Privately Operated Criminal
Detention Facilities. The Attorney General shall not
renew Department of Justice contracts with privately
operated criminal detention facilities, as consistent
with applicable law.

Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

[[Page 7484]]

(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

(Presidential Sig.)

THE WHITE HOUSE,

January 26, 2021.

[FR Doc. 2021-02070
Filed 1-28-21; 8:45 am]
Billing code 3295-F1-P

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