department of corrections;
contracts; facilities
SB 1213 allows the Arizona Department of Corrections (ADC) to include an option to purchase in contacts with private facilities and stipulates in contracts with per diem provisions, a portion of the per diem amount may be applied towards reducing the purchase price of the private prison. Additionally, SB 1213 modifies statutes regarding contract and public notice requirements during emergency situations and gender requirements for the correctional facility in Marana.
Current law requires ADC to follow certain private prison contract notice and hearing requirements when confining prisoners during an emergency. Arizona Revised Statues (A.R.S.) §41-1609.02 requires ADC to provide at least 60 days advance notice prior to entering into a contract with a private facility to the Legislature, the affected county board of supervisors or governing body of a municipality and the governing board of the local school district. A public hearing along with other notice requirements is also required.
Laws 1992, Eighth Special Session, Chapter 2, Section 5 and Laws 1993, Chapter 230, Section 2 authorized ADC to operate the Southern Arizona Correctional Release Center and a private secure community treatment facility in the town of Marana. Both pieces of legislation made gender and numerical references to inmates that may be housed in each facility. SB 1213 removes these references.