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it is a test of strict scrutiny
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There are stark differences between public and private prisons. When it comes to overall comparisons, privately run prisons are often less likely to report data on inmate population, staffing, or where the budget was spent. The main difference between the two types of prisons comes down to money.
Each for-profit facility or institution houses people who violated the law. They are run by private, third-party companies rather than the state government, who runs traditional public prison. Private prisons receive their funding from government contracts and many of these contracts are based on the total number of inmates and their average length of time served
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