The guarantee is also that the state would pay for the full shortfall of occupancy, for example in case the prisons are only 1% full then the state pays for the

The guarantee is also that the state would pay for the full shortfall of occupancy, for example in case the prisons are only 1% full then the state pays for the remainder. For instance: * given 1,500 expected occupancy, 96% is guaranteed by the state * provided 50% actual occupancy, the remaining 46% is paid in full by the state At a rate of $50K per inmate this translates into tens and hundreds of millions of dollars across the country -- paying for empty cells.