Every day I find new reason to believe the American penal system unconscionable. Not only is slavery permitted, the US is the subject of the ire of the United Nations over it (the ILO, specifically). For-profit prisons with state minimum occupancy clauses. Charging prisoners for their time there. And one of the highest incarceration levels and worst recidivism rates in the world. What exactly is the point of any of t…
That kind of clause is common for a supply contract (e.g., Buyer promises to purchase goods/services from supplier, minimum order of X units per year.). If a state purchased more units from a prison service provider than it needed, then I can imagine that state trying to re-sell the services to a neighboring state, but I can’t imagine them locking up more people so that they don’t have to pay for unused services. If that happens then a state should just negotiate its contracts differently in the future.
The other stuff I agree with you on.