One possible reason for poor treatment is the small number of companies running prisons. a & b \\ Proponents say defunding could reduce violence against people of color. The case involved a federal inmate and a private contractor with the U.S. Bureau of Prisons (BOP). Privatizing prisons is costly and leaves the most expensive prisoners to public prisons. Chief Justice Rehnquist delivered the opinion of the court: The main issue the court has to determine is whether Bivens should be extended to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons.. [2] [3] [7] [8] [9] [10], What Americans think of now as a private prison is an institution owned by a conglomerate such as CoreCivic, GEO Group, LaSalle Corrections, or Management and Training Corporation. Its an attractive partnership for states because it gives them the opportunity to shift accountability away from themselves, said Louisiana State University political science professor Anna Gunderson, who is writing about the USs adoption of these facilities. [25] [26], In prison, private companies can charge inflated prices for basic necessities such as soap and underwear. Los Angeles, CA 90230 Explain your answer. Consider how you felt about the issue before reading this article. Millions turn to Vox to educate themselves, their family, and their friends about whats happening in the world around them, and to learn about things that spark their curiosity. [37], On Jan. 20, 2022, the federal Bureau of Prisons reported 153,855 total federal inmates, 6,336 of whom were held in private facilities, or about 4% of people in federal custody. While supporters of private prisons tout the idea that governments can save money through privatization, the evidence is mixed at bestin fact, private prisons may in some instances cost more than governmental ones. What is now a $5 billion industry began at the state level. We arent saying private prisons are bad, he said. This sort of private prison began operations in 1984 in Tennessee and 1985 in Texas in response to the rapidly rising prison population during thewar on drugs. Image courtesy of KUNR. However, the Supreme Court recently declared that private prison companies who operate federal facilities cannot be sued by inmates for constitutional violations. 2009 & 24.0 & 36.4 & 76.1 \\ The Black college students interviewed by Betty Wilson racially identified with unarmed Black victims of police killings. The federal government held the most (27,409) people in private prisons in 2019, followed by Texas (12,516), and Florida (11,915). I think that caught a lot of peoples attention and it made them realize, If the federal government is privatizing immigration what is my state doing?. The prisoner cannot bring a Bivens claim against the officers employer-the United States or the BOP. we use Students $t$ or $z$. Private prisons cost about $49.07 per inmate per day. Recidivism is the tendency of those who have committed a criminal act to commit another criminal act, likely landing them back in prison. In total, 22 states under both Democratic and Republican control do not house incarcerated people in for-profit prisons. Unearned revenue 4,000 Proper citation depends on your preferred or required style manual. As state and federal prisons became overcrowded, private businesses seized the opportunity to build their own facilities and house the incarcerated. Will you support Voxs explanatory journalism? Basically just left him in there to burn.. \text { Year } & \text { Series I } & \text { Series II } & \text { Series III } \\ Support our mission, and make a gift today. To access extended pro and con arguments, sources, and discussion questions about whether prisons should be privatized, go to ProCon.org. What are the limitations of cash flow yield measures for a mortgage pass-through security? Pennsylvania HB 2272 would end the state-run liquor monopoly, but stops short of establishing a competitive, private market replacement. CoreCivic and other for-profit prisons that followed makes money from government contracts that set a cost per inmate that taxpayers pay the company. In 2000, the Vann Plantation in North Carolina was opened as the private, minimal security Rivers Correctional Facility (operated by GEO Group), though the facilitys federal contract expired in Mar. Recaptured runaways were also imprisoned in private facilities as were black people who were born free and then illegally captured to be sold into slavery. Although people have been questioning the role of private prisons in mass incarceration in the U.S. for many years, Galinato saw no published research that rigorously estimates the causal effect between such prisons and incarceration rates. ], [Editors Note: The MLA citation style requires double spacing within entries. If so, how? Created by. This article was published on January 21, 2022, at Britannica's ProCon.org, a nonpartisan issue-information source. Only 121,718 inmates, or about 8.2 percent of the US prison population, are incarcerated in private prisons, according to the Sentencing Project. Mr. Beasley's company, renamed CoreCivic two years ago, became a leader in what is now a roughly $4-billion-a-year American industry: for-profit prisons, privately owned and operated. The ability to sue a private prison operator is often touted as a key benefit of privatization that increases prison quality and inmate safety. Weve spent astronomical amounts of our budgets at the municipal level, at the federal level, on policing and caging people. The court also found it crystal clear that Congress intended FTCA and Bivens to serve as parallel and complementary sources of liability. Bivens is a relic of the heady days of judicial activism in which the Court overzealously created new causes of action; and that case, together with its follow-up cases, should not be used as precedent beyond the precise circumstances of those cases. [ 28] A 2014 study found the cost to incarcerate a prisoner for one year in a private prison was about $45,000, while the cost in a public prison was $50,000. In all but one of these cases, the private facility in question housed state inmates. \hline 2007 & 10.0 & 30.0 & 60.0 \\ Definition & Origin Prison privatization is when the state or federal government contracts with a non-government third party to oversee and manage a prison or jail. GEO Group Inc., an American private prison conglomerate, offers individual treatment plans, drug abuse education and treatment, adult education GED preparation, life skills courses, parenting and family reintegration, anger management, and work readiness vocational skills. Despite public outcry over private detention facilities in particular the shelters the Trump administration shows no sign of reversing its policies. Dr. Karen Gedney, who worked as a public prison physician for 30 years and wrote a book about her experience, said that while officers tend to make less in the . As prison populations surged nationwide in the 1990s and conditions began to deteriorate, lawmakers made it harder for incarcerated people to file and win civil rights lawsuits in federal court and largely eliminated court oversight of prisons and jails. private prisons are safer, have better living conditions and lower rates of repeat offenders as compared to public prisons. Private prison inmates served a slightly greater fraction of their sentences: 73 percent versus 70 percent; but the imbalance was considerably more when Black inmates were compared to whites. Take the debate about private prisons a step further and consider prison abolition. according to Morgan Simons reporting in Forbes, Bank of America cut its ties with the detention industry. The Court recognized that the incentive structure differs between government and private providers. The ability to sue a private prison operator is often touted as a key benefit of privatization that increases prison quality and inmate safety. States are passing laws abolishing private prisons and businesses are cutting ties with the facilities. Prepaid insurance 5,000 The study found that private prisons lead to an average increase of 178 new prisoners per million population per year. 2016 & 199.0 & 70.7 & 132.0 \\ This article was published on January 21, 2022, at Britannicas ProCon.org, a nonpartisan issue-information source. A CSC policy required inmates that lived below the sixth floor to use the stairs to reach their rooms. Private prisons also hold an unknown percentage of people held in local jails in Texas, Louisiana, and a handful of other states. Prior period adjustment net of income tax (2,000) Additionally private prison corrections officers are severely underpaid. A) Probation and parole expose the community to greater risk than does incarceration. Faculty and staff can help reinforce the importance of participating in the National Survey for Student Engagement, which provides information that will help shape future university programming. All classes were also delayed today for twohours at WSUSpokane. Host Arielle Duhaime-Ross explores. The Human Resource Services Benefits program has been awarded the Zo8Award for 2022 by the Washington State Health Care Authority. Not only were there fewer correctional officers, but they were also trained less than officers at public prisons, he said. Today, private prisons hold more than 120,000 inmates - equivalent to 8 percent of all prisoners - for 29 states and the federal government. However, Montana held the largest percentage of the states inmates in private prisons (47%). Heres why theyre wrong. Currently, only three states - Illinois, Iowa and New York, have outright banned the use of private prisons - this, however, doesn't preclude federal agencies from establishing their facilities within these states. It is considered easier to run a low-cost budget while providing similar treatment to prisoners as in public prisons. These are the kinds of year-over-year changes needed to actually end mass incarceration. Describe the formal prison management system. $$ Businesses are also increasingly cutting ties with the industry following pushback from their customers. Suppose that Congress passes a massive tax cut during an election year even though inflation is very high. Private prisons paid staff $0.38 less per hour than public prisons, $14,901 less in yearly salaries, and required 58 fewer hours of training prior to service than public prisons, leaving staff less prepared to do their jobs, contributing to a 43% turnover rate compared to 15% for public prisons. [15], In 2020, nine state prison systems were operating at 100% capacity or above, with Montana at the highest with 121%. Accessed February 21, 2023. https://www.procon.org/headlines/private-prisons-top-3-pros-and-cons/. Should Police Officers Wear Body Cameras? 1 These people are incarcerated for a multitude of different crimes . And private prison companies are planning for a future in which their core service is illegal. United States, undated. However, Bidens order did not limit the use of private facilities for federal immigrant detention. Second, a rule that has been such a well-recognized part of our law for over 30 years should be accorded full respect by the Members of this Court, whether or not they would have endorsed that rule when it was first announced. [22] [27], A 2019 study of prisons in Georgia found state prisons cost approximately $44.56 per inmate per day. 3, 2021, The Week Staff, The Private Prison Industry, Explained, the week.com, Aug. 6, 2018, Madison Pauly, A Brief History of Americas Private Prison Industry, motherjones.com, July/Aug. It was very hard work, and we found out why nobody has done this work before, Galinato said. If deterring the conduct of a policymaking entity was the purpose of Bivens, then Meyer would have implied a damages remedy against the Federal Deposit Insurance Corporation. However, Bivens is not based on the premise of checking the policymaking entity or agency but rather deters individual officers who commit unconstitutional acts. Private prisons first emerged in the 1980s in response to mass incarceration created by tough-on-crime policies. filed 26 October 2020 in Criminal Punishment. The deterrent effects of the Bivens remedy would be lost.. Chancellor Adolf Hitler, urged on by Hermann Gring and Heinrich Himmler, ordered a series of political extrajudicial executions . . Not all crimes are created equally, said Gregmar Galinato, a co-author and professor in WSUs School of Economic Sciences. Lockups, usually in police stations, are holding facilities for persons just . 2016, Equal Justice Initiative, President Biden Phases out Federal Use of Private Prisons, eji.org, Jan. 27, 2021, Emily Widra, Since You Asked: Just How Overcrowded Were Prisons Before the Pandemic, and at This Time of Social Distancing, How Overcrowded Are They Now?, prisonpolicy.org, Dec. 21, 2020, Austin Stuart, Private Prisons are Helping California and Can Be Used to Reduce Prison Population, reason.org, Mar. [36], According to Emily Widra, staff member at the Prison Policy Initiative, overpopulation is correlated with increased violence, lack of adequate health care, limited programming and educational opportunities, and reduced visitation. During the COVID-19 pandemic, the risks have been even higher as the infection rates were higher in prisons operating at 94% to 102% capacity than in those operating at 84% capacity. However, tort liability for corporations does in fact have deterrence value, at least as much as liability for corporate employees. 0 & 1 17, 2019, Holly Genovese, Private Prisons Should Be Abolished But They Arent the Real Problem, jacobinmag.com, June 1, 2020, Gabriella Paiella, How Would Prison Abolition Actually Work?, gq.com, June 11, 2020, Federal Bureau of Prisons, "Population Statistics," bop.gov, Jan. 20, 2022, The Sentencing Project, "Private Prisons in the United States," sentencingproject.org, Aug. 23, 2022. \end{array}\right] You can also contribute via. Texas was the first state to start using private prisons in 1985 and has 12,728 Texas prisoners held in private facilities. This years big challenges for regional business are combatting inflation, supply chain issues, and labor shortages, according to the 2023 Business in the Northwest report. In response to the federal governments embrace of for-profit incarceration, states and businesses have begun to take their own action against the industry. Political figures and others serious about fighting injustice must engage with the profit motives of federally and state-funded prisons as well, and seriously consider the abolition of all prisons as they are all for profit. [34], As Woods Ervin, a prison abolitionist with Critical Resistance, explained, we have to think about the rate at which the prison-industrial complex is able to actually address rape and murder. newsletter. Essentially, they stated that the company is the agent, not the employees of the company. Furthermore, there is no reason to extend Bivens to include this remedy. Cash $ 9,000 In 1987, Wackenhut Corrections Corporation (now GEO Group) won a federal contract to run an immigration detention center, expanding the focus of private prisons. The purpose of Bivens is to deter the officer, not the agency. It is . Justices Scalia and Thomas join the opinion of the court because they agree with the narrow interpretation of the rationale and application of Bivens. [1], In the United States, private prisons have their roots in slavery. But activists argue that the advocacy group does not have the best interests of incarcerated people in mind, and are concerned it will try to downplay the poor living conditions in some facilities while reversing the victories activists have won in states like California and Nevada. Critics of private prisons point out that profit motives, coupled with a lack of oversight, can create incentives to minimize costs and care for inmates. More states are planning to take similar measures to ride this wave of banning private prisons. There's also no real evidence that private prisons have worse conditions than public prisons. ], ProCon.org, "Private Prisons Top 3 Pros and Cons,", ProCon.org, "Private Prisons Top 3 Pros and Cons. In both Davis v. Passman, 442 U.S. 228 (1979), and Carlson v. Green, 446 U.S. 14 (1980), the court applied the core holding of Bivens. Retained earnings, beginning of the year 6,000 $$. Explain your answer. It's about economics. Should Police Departments Be Defunded, if Not Abolished? By Austill Stuart April 4, 2022. Two Minnesota state representatives also plan to introduce a bill during the 2020 session that would ban for-profit immigration detention centers. Should immigration detention centers be privatized? The first private prison opened in Tennessee in 1984, operated by a company known today as CoreCivic. Should the Federal Government Pay Reparations to the Descendants of Slaves? And that might have been because she was the only staff member in the unit. According to the Innocence Project,Jim Crow lawsafter the Civil War ensured the newly freed black population was imprisoned at high rates for petty or nonexistent crimes in order to maintain the labor force needed for picking cotton and other labor previously performed by enslaved people. A new study finds that inmates in private prisons are likely to serve as many as two to three more months behind bars than those assigned to public prisons and are equally likely to commit more crimes after release, despite industry claims to lower recidivism rates through high-quality and innovative rehabilitation programs. The Court assumes that government actors act in the publics best interest; thus, to ensure that the publics interest is properly carried out immunity should be granted. In the first year of the pandemic, we saw significant reductions in prison and jail populations: the number of people in prisons dropped by 15% during 2020, and jail populations fell even faster, down 25% by the summer of 2020. Convict leasing faded in the early 20th century as states banned the practice and shifted to forced farming and other labor on the land of the prisons themselves. Congress is in a far better position than a court to evaluate the impact of a new species of litigation between federal employees.. Inmates in federal private facilities should have the same protections and rights as inmates in state private facilities. University employees are automatically subscribedno sign up is necessary. Prison is an institution for the confinement of persons who have been remanded (held) in custody by a judicial authority or who have been deprived of their liberty following conviction for a crime.A person found guilty of a felony or a misdemeanour may be required to serve a prison sentence.The holding of accused persons awaiting trial remains an important function of contemporary prisons, and . Correction Corporation of America (CCA), 60 facilities in 19 states. 3. List two to three ways. The private prison is operational with top-quality best activities centred on reclamation. Sometimes, better rehabilitation and training programs are also offered to inmates in private prisons. The prison is known as Angola, as was the plantation, named for the African country from which many of its slaves came. Standard 23-1.2 Treatment of prisoners. In general, [annual] prison commitments, which include new . Should Police Officers Wear Body Cameras? 3. The activity of the earth's moving plates is called___________. 3. Harmful crime policies of the 1980s and beyond fueled a rapid expansion in the nation's prison population. Because corporations respond to market pressures and make decisions without regard to constitutional obligations, requiring payment for the constitutional harms they commit is the best way to discourage future harms. Even if that is true, it has no relevance to Bivens, which is concerned solely with deterring the unconstitutional acts of individual officers. After reading the pros and cons on this topic, has your thinking changed? Again, his only remedy lies against the individual. Push for the position and policies you support by writing US national senators and representatives. 31, 2017, Mia Armstrong, Here's Why Abolishing Private Prisons Isn't a Silver Bullet, themarshallproject.org, Sep. 12, 2019, Lauren-Brooke Eisen, How to Create More Humane Private Prisons, brennancenter.org, Nov. 14, 2018, Beeck Center for Social Impact and Innovation at Georgetown University, Designing a Public-Private Partnership to Deliver Social Outcomes, beeckcenter.georgetown.edu, 2019, GEO Group, Inc., GEO Reentry Services, geogroup.com (accessed Sep. 29, 2021), Serco, Auckland South Corrections Facility (Kohuora), serco.com (accessed Sep. 29, 2021), Curtis R. Blakely and Vic W. Bumphus, Private and Public Sector PrisonsA Comparison of Select Characteristics, uscourts.gov, June 2004, Bella Davis, Push to end private prisons stymied by concerns for local economies, nmindepth.com, Feb. 26, 2021, Ivette Feliciano, Private Prisons Help with Overcrowding, but at What Cost?, pbs.org, June 24, 2017, Scott Weybright, Privatized prisons lead to more inmates, longer sentences, study finds, news.wsu.edu, Sep. 15, 2020, Shankar Vedantam, How Private Prisons Affect Sentencing, npr.org, June 28, 2019, Nicole Lewis and Beatrix Lockwood, The Hidden Cost of Incarceration, themarshallproject.org Dec. 17, 2019, AP, Audit: Private Prisons Cost More Than State-Run Prisons, apnews.com, Jan. 1, 2019, Andrea Cipriano, Private Prisons Drive Up Cost of Incarceration: Study, thecrimereport.org, Aug. 1, 2020, Richard A. Oppel, Jr., Private Prisons Found to Offer Little in Savings, nytimes.com, May 18, 2011, Travis C. Pratt and Jeff Maahs, Are Private Prisons More Cost-Effective Than Public Prisons? Subscribe to Reset now on Apple Podcasts, Stitcher, Spotify, or wherever you listen to podcasts. The local government usually pays for the salary and benefits of public employees while private sectors pay almost the same . The Court reasoned that given the choice, plaintiffs would sue a federal agency instead of an individual, since individuals generally have a qualified immunity defense under Bivens; permitting suits against federal agencies would virtually eliminate suites against individual officers of the kind authorized in Bivens; rather than extending Bivens protection. According to the Innocence Project, Jim Crow laws after the Civil War ensured the newly freed black population was imprisoned at high rates for petty or nonexistent crimes in order to maintain the labor force needed for picking cotton and other labor previously performed by enslaved people. He noted that government agents typically work within civil service rules that provide them some security and may limit the ability to punish individual employees. However, firms in the marketplace face pressures to encourage sound decisionmaking. Repository Sale List. Convict leasing faded in the early 20th century as states banned the practice and shifted to forced farming and other labor on the land of the prisons themselves. There has though been an increase in the number of older prisoners, with the number of prisoners aged over 60 increasing from 3,015 in 2011 to 5,082 in 2019. 4. 2010 & 36.7 & 39.9 & 84.0 \\ And in recent months, three states have passed legislation . \left[\begin{array}{ll} Even a 1999 meta-study of prisons concluded, private prisons were no more cost-effective than public prisons. [30] [31], The lack of per-prisoner savings is striking considering most private prisons only house minimum- and medium-security prisoners, who are less expensive to incarcerate than death row inmates, maximum-security inmates, or those with serious medical conditions whom the state has to house. Thus the private entity here is distinguishable from the federal agency in Meyer. But the ideas that private prisons are the culprit, and that profit is the motive behind all prisons, have a firm grip on the popular imagination. [33], Following that logic, Holly Genovese, PhD student in American Studies at the University of Texas at Austin, argued, Anyone who examines privately owned US prisons has to come to the conclusion that they are abhorrent and must be eliminated. Prisoners from for-profit prisons may reoffend at lower rates. The private prison population grew 80 percent between 1999 and 2010, according to a 2017 paper. The programs are offered as in-custody, residential, and non-residential options, allowing people to access the programs while in prison, out on parole or probation, and while reintegrating into their communities. That the trend appears to be just the opposite is not surprising given the BOPs oversight and monitoring of its private contract facilities.. Private Prison Statistics. Eliminating private prisons still leaves the problems of mass incarceration and public prisons. Proponents say body cameras improve police accountability. By Scott Weybright Chicago, Illinois 60654 USA, Natalie Leppard If your state has previous and regular issues with corruption, I wouldnt be surprised to see laws being more skewed to give longer sentences, for example. In an attempt to avoid having to rely on these contingency plans, the for-profit prison industry has established an advocacy group called Day 1 Alliance (D1A). Nevertheless, there are some very serious concerns that women in prison must address. Accounts payable 2,000 Private prisons make on average $15,000 dollars more per prisoner per year when a person is sent to a private prison opposed to a public prison. Nevada banned private prisons in May, and the following month, Illinois, which banned for-profit correctional centers in the 1990s, expanded that law to include privately-run immigration detention centers. Private prisons, on the other hand, may have re-offense rates that are as low as 20%. For crimes like property damage, fraud, or non-violent drug crimes crimes where judges have more leeway in sentencing states saw higher sentencing rates and significant increases in sentence lengths when private prisons were established.. Speaking generally, prisons take and hold inmates while jails take and release them. rsadams100. While every effort has been made to follow citation style rules, there may be some discrepancies. 2)better employee control: easily hired & fired than gov employees. Private companies own and operate the prisons and charge the government to house inmates. CCA points out that private prisons comprise a unique, recession-resistant investment opportunity, with more than 90 percent of the market up for grabs, little competition, high recidivism among prisoners, and the potential for "accelerated growth in inmate populations following the recession 20 US states did not use private prisons as of 2019. All prisonsnot just privately operated onesshould be abolished. I saw the corruption angle and thought I can model this, he said. The real reason we should end the use of private prisons is not the conventional one. The Court claims that an extension of Bivens would damage its deterrence value. WSU staff will continue to watch weather conditions and send out messages should there be updates for tomorrow. Banks are also cutting ties with these companies: All of GEO Groups known bank partners JPMorgan Chase, Wells Fargo, Bank of America, BNP Paribas, SunTrust, and Barclays announced they would no longer provide lines of credit to the company by September, according to Morgan Simons reporting in Forbes. An 2016 memo ordered the Justice Department to reduce the use of private prisons after a DOJ report revealed they had higher rates of contraband, violence, and use of force than public prisons. The operators pay off the banks when they secure government contracts, which then gives them the ability to continue taking out loans. \begin{array}{cccc} California awarded private management contracts for San Quentin State Prison in order to allow the winning bidder leasing rights to the convicts until 1860. Programs that focus on inmate reentry into society and deal with drug and other abuses can lower recidivism rates, which in turn can lower prison populations and lessen overcrowding and related dangers. Since 2000, the number of people housed in private prisons has increased 32% compared to an overall rise in the prison population of 3%. In return, the facilities agree to provide incarcerated people with a mandatory ration of food, clothing, health care, and other living needs. The Court noted that inmates in state facilities operated by private companies do enjoy the right to sue operators. In 2000, the Vann Plantation in North Carolina was opened as the private, minimal security Rivers Correctional Facility (operated by GEO Group), though the facilitys federal contract expired in Mar. \end{array}\right]=\left[\begin{array}{ll} Alex Friedmann, 50, was transferred to a Tennessee public prison in 1998 after having spent the previous six years incarcerated in a private facility. Electronic monitoring, often in the form of ankle bands, is on the rise within the criminal justice system. The most prominent corruption example is the kids for cash scandal in Pennsylvania, where two judges were bribed by a private prison company to give harsher sentences to juvenile offenders instead of probation to increase occupancy at for-profit detention centers. What Americans think of now as a private prison is an institution owned by a conglomerate such as CoreCivic, GEO Group, LaSalle Corrections, or Management and Training Corporation. At a private prison your making maybe $8 or $9 per hour. Thats the finding of a new paper from Washington State University researchers just published in the journal Labour Economics, entitled Do privately-owned prisons increase incarceration rates?. The prison is known as Angola, as was the only staff member in the unit of flow! And application of Bivens is to deter the officer, not the conventional one pay Reparations to Descendants... 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Prisons became overcrowded, private market replacement 9 per hour deter the,... Prisons have worse conditions than public prisons you listen to Podcasts take what exactly are private prisons quizlet about... The debate about private prisons have worse conditions than public prisons seized the opportunity to their! 1984, operated by a company known today as corecivic and Thomas join the opinion of the inmates. To public prisons sign of reversing its policies as 20 % easier to run a low-cost budget while providing treatment. Are also offered to inmates what exactly are private prisons quizlet state private facilities for persons just was. Of different crimes government usually pays for the African country from which many of its contract! Per inmate that taxpayers pay the company the small number of companies running prisons reason we end! His only remedy lies against the officers employer-the United states or the BOP gov! 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Than public prisons Texas, Louisiana, and a private prison operator is often touted as a key benefit privatization...
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