NJ Cops | Page 10

10 NEW JERSEY COPS ■ JANUARY 2015 County jails and privatization: the battle continues This week, the Appellate Division issued a major decision regarding the privatization of the Essex County jail, and effectively all other jails in the State. In PBA Local 382, et als. v. County of Essex, the NJ State PBA and Essex County PBA 382 jointly filed suit to end the 20-year practice of Essex County sending its inmates to Delaney Hall and Logan Hall, which are operated by the for-profit Community Education Center. A trial court judge had previously ruled that the county has the authority to send its inmates to privately operated jails, on the theory that counties have the authority to do so unless specifically prohibited by statute. We appealed, and the Appellate Division reversed the trial court’s decision. The Appellate Division agreed with us that the trial judge got it wrong. Contrary to the trial court’s analysis, in the absence of a statute specifically authorizing the privatization of jails, such a practice is prohibited. As the Appellate Division stated: Plaintiffs make a strong argument that the confining of inmates, and the concomitant responsibility fo