Assigned to GOV                                                                                       AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1213

 

department of corrections; contracts; facilities

 

Purpose

 

Allows the Arizona Department of Corrections (ADC) to include an option to purchase in contracts with private facilities and, in contracts containing per diem provisions, to apply a portion of per diem payments to reduce the purchase price of a private prison.  Waives duplicative private prison contract and public notice requirements in instances where the Director of ADC confines prisoners in private facilities during an emergency.  Removes gender and numerical requirements for several corrections facilities. 

 

Background

 

Presently, ADC must follow private prison contract and notice requirements when confining prisoners during an emergency.  For instance, statute requires written notice of a contract with a private prison to be sent at least 60 days prior to incurring any obligation to the Legislature, the affected county board of supervisors or governing body of a municipality and each member of the governing board of the local school district.  In addition, a hearing with additional notice requirements is required.  ADC believes that these requirements are impractical in case of emergency.

 

ADC is in the process of moving all female inmates to its Perryville complex.  However, state laws regarding correctional facilities contain references relating to gender and the number of inmates.  This legislation removes those gender and numerical references.

 

The fiscal impact of this legislation is unknown.

 

Provisions

 

1.      Allows an ADC contract with any private or public institution located within or outside of Arizona to include a purchase option.

 

2.      Allows an ADC contract with any private or public institution located within or outside of this state that has a per diem provision to allow a portion of the per diem to be applied to reduce the purchase price.

 

3.      Waives private prison contract and public notice requirements in instances where the Director of ADC confines prisoners in private facilities during an emergency.

 

4.      Removes gender references regarding funding uses for the Northern Arizona Correctional Release Center and the New Dawn Correctional Release Center and the gender of inmates to be housed in the Marana private prison. 

 

5.      Provides for a general effective date.

 

Amendments Adopted by Committee

 

Prohibits housing maximum security prisoners in private prisons.

 

Amendments Adopted by Committee of the Whole

 

1.      GOV amendment failed.

 

2.      Reinserts numerical specifics regarding funding uses for correctional release centers.

 

 

Senate Action

 

GOV                1/29/01            DPA    4-0-2-0

3rd Read           2/12/01                        29-1-0-0

 

 

Prepared by Senate Staff

January 30, 2001