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S1551................................................by JUDICIARY AND RULES
CORRECTIONAL FACILITIES - PRIVATE - CRIMINAL LAWS - Adds to and amends
existing law to provide for application of Idaho's criminal laws to
employees, agents and officials of private correctional facilities located
in the state and to out-of-state prisoners housed in such private
correctional facilities.
03/07 Senate intro - 1st rdg - to printing
03/08 Rpt prt - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Richardson
Floor Sponsor - Davis
Title apvd - to House
03/17 House intro - 1st rdg - to Jud
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Callister, Campbell, Chase, Cheirrett, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Bruneel, Clark, Crow, Wheeler, Mr Speaker
Floor Sponsor - Gould
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 272
Effective: 04/12/00
S1551
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1551
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PRISONERS AND CORRECTIONAL FACILITIES; AMENDING CHAPTER 1, TITLE
3 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-101A, IDAHO CODE, TO
4 PROVIDE DEFINITIONS; AMENDING CHAPTER 1, TITLE 18, IDAHO CODE, BY THE
5 ADDITION OF A NEW SECTION 18-101B, IDAHO CODE, TO PROVIDE FOR APPLICATION
6 OF ALL IDAHO CRIMINAL LAWS TO OUT-OF-STATE PRISONERS AND PERSONNEL OF PRI-
7 VATE CORRECTIONAL FACILITIES; AMENDING SECTION 18-915, IDAHO CODE, TO PRO-
8 HIBIT ASSAULT OR BATTERY UPON AN EMPLOYEE OF A PRIVATE PRISON CONTRACTOR
9 WHILE EMPLOYED AT A PRIVATE CORRECTIONAL FACILITY IN THE STATE OF IDAHO;
10 AMENDING SECTION 18-915A, IDAHO CODE, TO PROHIBIT REMOVING A FIREARM FROM
11 AN EMPLOYEE OF A PRIVATE CORRECTIONAL FACILITY WITHIN THE STATE; AMENDING
12 SECTION 18-2502, IDAHO CODE, TO DELETE OBSOLETE LANGUAGE AND TO PROHIBIT
13 EMPLOYEES OF ANY CORRECTIONAL FACILITY, INCLUDING A PRIVATE CORRECTIONAL
14 FACILITY, FROM ASSISTING IN AN ESCAPE AND TO MAKE TECHNICAL CORRECTIONS;
15 AMENDING SECTION 18-2505, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE AND
16 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-2507, IDAHO CODE, TO
17 PROVIDE FOR RECOVERY OF EXPENSES OF PROSECUTION OF A PRISONER IN THE CUS-
18 TODY OF THE BOARD OF CORRECTION HOUSED IN A STATE CORRECTIONAL FACILITY,
19 TO PROVIDE THAT THE PROVISIONS OF THE SECTION SHALL APPLY TO PRISONERS IN
20 THE CUSTODY OF THE BOARD OF CORRECTION HOUSED IN A PRIVATE CORRECTIONAL
21 FACILITY UNLESS OTHERWISE PROVIDED BY CONTRACT BETWEEN THE STATE AND THE
22 PRIVATE PRISON CONTRACTOR AND TO PROVIDE FOR RECOVERY OF EXPENSES OF PROS-
23 ECUTION OF OUT-OF-STATE PRISONERS HOUSED IN A PRIVATE CORRECTIONAL FACIL-
24 ITY; AMENDING SECTION 18-2510, IDAHO CODE, TO PROVIDE PROPER NOMENCLATURE
25 AND TO PROVIDE FOR APPLICATION OF THE SECTION TO A PRIVATE CORRECTIONAL
26 FACILITY HOUSING PRISONERS UNDER THE CUSTODY OF THE BOARD OF CORRECTION OR
27 OUT-OF-STATE PRISONERS; AMENDING SECTION 18-6110, IDAHO CODE, TO PROHIBIT
28 SEXUAL CONTACT WITH AN IN-STATE OR OUT-OF-STATE PRISONER BY ANY OFFICER,
29 EMPLOYEE OR AGENT OF A STATE, LOCAL OR PRIVATE CORRECTIONAL FACILITY;
30 AMENDING SECTION 20-805, IDAHO CODE, TO REQUIRE APPROVAL BY THE CITY OR
31 COUNTY GOVERNING BODY OF ALL RELEASES ON FURLOUGH OR WORK RELEASE OF
32 INMATES HOUSED IN A PRIVATE CORRECTIONAL FACILITY; AMENDING SECTION
33 20-807, IDAHO CODE, TO PROHIBIT WORK RELEASE, FURLOUGH OR OTHER RELEASE OF
34 OUT-OF-STATE INMATES FROM ANY PRIVATE PRISON FACILITY EXCEPT AS PROVIDED
35 BY ORDINANCE, BY CONTRACT BETWEEN THE CITY OR COUNTY GOVERNING BODY AND
36 THE PRIVATE PRISON CONTRACTOR OR WITH THE EXPRESS APPROVAL OF THE CITY OR
37 COUNTY GOVERNING AUTHORITY; REPEALING SECTIONS 20-810 AND 20-811, IDAHO
38 CODE; AMENDING SECTION 31-3220A, IDAHO CODE, TO PROVIDE THAT INMATE
39 ACCOUNTS SHALL INCLUDE SUCH ACCOUNTS MANAGED BY OFFICIALS OF PRIVATE COR-
40 RECTIONAL FACILITIES AND TO PROVIDE A DEFINITION OF "PRISONER"; AND
41 DECLARING AN EMERGENCY.
42 Be It Enacted by the Legislature of the State of Idaho:
43 SECTION 1. That Chapter 1, Title 18, Idaho Code, be, and the same is
44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2
1 ignated as Section 18-101A, Idaho Code, and to read as follows:
2 18-101A. DEFINITIONS. As used in titles 18, 19 and 20, Idaho Code, and
3 elsewhere in the Idaho Code, unless otherwise specifically provided or unless
4 the context clearly indicates or requires otherwise, the following terms shall
5 be defined as follows:
6 (1) "Correctional facility" means a facility for the confinement of pris-
7 oners. The term shall be construed to include references to terms including,
8 but not limited to, "prison," "state prison," "state penitentiary,"
9 "governmental detention facility," "penal institution (facility),"
10 "correctional institution," "detention institution (facility)," "county jail,"
11 "jail," "private prison (facility)" or "private correctional facility."
12 (2) "In-state prisoner" means person who has been convicted of a crime in
13 the state of Idaho and is either incarcerated or on parole for that crime or
14 in custody for trial and sentencing, and who is being housed in any state,
15 local or private correctional facility, or who is being transported in any
16 manner within or through the state of Idaho.
17 (3) "Local correctional facility" means a facility for the confinement of
18 prisoners operated by or under the control of a county or city. The term
19 shall include references to "county jail," or "jail." The term shall also
20 include a private correctional facility housing prisoners under the custody of
21 the state board of correction, the county sheriff or other local law enforce-
22 ment agency.
23 (4) "Out-of-state prisoner" or "out-of-state inmate" means a person who
24 is convicted of and sentenced for a crime in a state other than the state of
25 Idaho, or under the laws of the United States or other foreign jurisdiction,
26 and who is being housed in any state, local or private correctional facility
27 in the state of Idaho, or who is being transported in any manner within or
28 through the state of Idaho.
29 (5) "Prisoner" means a person who has been convicted of a crime in the
30 state of Idaho and is either incarcerated or on parole for that crime or in
31 custody for trial and sentencing, or who is convicted of and sentenced for a
32 crime in a state other than the state of Idaho, or under the laws of the
33 United States or other foreign jurisdiction, and who is being housed in any
34 state, local or private correctional facility, or who is being transported in
35 any manner within or through the state of Idaho. The term shall be construed
36 to include references to terms including, but not limited to, "inmate,"
37 "convict," "detainee," and other similar terms, and shall include
38 "out-of-state prisoner" and "out-of-state inmate."
39 (6) "Private correctional facility" or "private prison (facility)" means
40 a correctional facility constructed or operated in the state of Idaho by a
41 private prison contractor.
42 (7) "Private prison contractor" means any person, organization, partner-
43 ship, joint venture, corporation or other business entity engaged in the site
44 selection, design, design/building, acquisition, construction,
45 construction/management, financing, maintenance, leasing, leasing/purchasing,
46 management or operation of private correctional facilities or any combination
47 of these services.
48 (8) "State correctional facility" means a facility for the confinement of
49 prisoners, owned or operated by or under the control of the state of Idaho.
50 The term shall include references to "state prison," "state penitentiary" or
51 "state penal institution (facility)." The term shall also include a private
52 correctional facility housing prisoners under the custody of the board of cor-
53 rection.
3
1 SECTION 2. That Chapter 1, Title 18, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 18-101B, Idaho Code, and to read as follows:
4 18-101B. CRIMINAL LAWS APPLICABLE TO OUT-OF-STATE PRISONERS AND PERSONNEL
5 OF PRIVATE CORRECTIONAL FACILITIES. (1) An out-of-state prisoner and personnel
6 of a private prison contractor employed at a private correctional facility in
7 the state of Idaho shall be subject to all criminal laws of the state of
8 Idaho.
9 (2) Any offense which would be a criminal act if committed by an in-state
10 prisoner housed in a state, local or private correctional facility, or in cus-
11 tody during transport within or through the state of Idaho, including escape
12 from such facility or during transport, and any penalty for such offense,
13 shall apply in all respects to an out-of-state prisoner.
14 (3) Any offense which would be a criminal act if committed by an officer,
15 employee or agent of a state or local correctional facility, and any penalty
16 for such offense, shall apply in all respects to the officers, employees and
17 agents of a private correctional facility located in the state of Idaho.
18 SECTION 3. That Section 18-915, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any per-
21 son who commits a crime provided for in this chapter against or upon a jus-
22 tice, judge, magistrate, prosecuting attorney, public defender, peace officer,
23 bailiff, marshal, sheriff, police officer, correctional officer, employee of
24 the department of correction, employee of a private prison contractor while
25 employed at a private correctional facility in the state of Idaho, employees
26 of the department of water resources authorized to enforce the provisions of
27 chapter 38, title 42, Idaho Code, jailer, parole officer, officer of the state
28 department of law enforcement, fireman, social caseworkers or social work spe-
29 cialists of the department of health and welfare, employee of a state secure
30 confinement facility for juveniles, employee of a juvenile detention facility,
31 a teacher at a detention facility or a juvenile probation officer, emergency
32 medical technician certified by the department of health and welfare, emer-
33 gency medical technician-ambulance certified by the department of health and
34 welfare, advanced emergency medical technician and EMT-paramedic certified by
35 the state board of medicine, United States marshal, or federally commissioned
36 law enforcement officer or their deputies or agents and the perpetrator knows
37 or has reason to know of the victim's status, the punishment shall be as fol-
38 lows:
39 (a) For committing battery with intent to commit a serious felony the
40 punishment shall be imprisonment in the state prison not to exceed twenty-five
41 (25) years.
42 (b) For committing any other crime in this chapter the punishment shall
43 be doubled that provided in the respective section.
44 (c) For committing a violation of the provisions of section 18-901 or
45 18-903, Idaho Code, against the person of a justice, judge or magistrate,
46 jailer or correctional officer or other staff of the department of correction,
47 or of a private correctional facility, or of an employee of a state secure
48 confinement facility for juveniles, an employee of a juvenile detention facil-
49 ity, a teacher at a detention facility or a juvenile probation officer and
50 the person committing the offense knows or reasonably should know that such
51 victim is a justice, judge or magistrate, jailer or correctional officer or
52 other staff of the department of correction, or of a private correctional
4
1 facility, an employee of a state secure confinement facility for juveniles, an
2 employee of a juvenile detention facility, a teacher at a detention facility
3 or a juvenile probation officer engaged in the performance of his duties, and
4 the victim is engaged in the performance of his duties, the offense shall be a
5 felony punishable by imprisonment in the state prison a correctional facility
6 for a period of not more than five (5) years, and said sentence shall be
7 served consecutively to any sentence being currently served.
8 SECTION 4. That Section 18-915A, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-915A. REMOVING A FIREARM FROM A LAW ENFORCEMENT OFFICER. (1) A person
11 may not knowingly remove or attempt to remove a firearm from the possession of
12 another person if:
13 (a) The other person is lawfully acting within the course and scope of
14 employment; and
15 (b) The person knows or has reason to know that the other person is
16 employed as any of the following:
17 (i) A law enforcement officer who, in an official capacity, is
18 authorized to make arrests; or
19 (ii) An employee of the Idaho board of corrections, of the Idaho
20 department of juvenile corrections, of any prison, jail, detention or
21 booking facility or private correctional facility within the state,
22 or of the commission of pardons and parole.
23 (2) A person who violates this section is guilty of a felony.
24 (3) A sentence imposed for a violation of this section may be imposed
25 separate from and consecutive to or concurrent with a sentence for any offense
26 based on the act or acts establishing the offense under this section.
27 SECTION 5. That Section 18-2502, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 18-2502. OFFICERS ASSISTING IN ESCAPE. Every keeper of a prison, Any
30 sheriff, deputy sheriff, constable or jailor, or person employed as a guard
31 peace officer, correctional officer or other employee of a correctional facil-
32 ity, as defined in section 18-101A, Idaho Code, including a private correc-
33 tional facility, who fraudulently contrives, procures, aids, connives at, or
34 voluntarily permits the escape of any prisoner in custody, is punishable by
35 imprisonment in the state prison not exceeding ten (10) years, and fine not
36 exceeding ten thousand dollars ($10,000). Every such officer or person who
37 negligently suffers such escape is guilty of a misdemeanor.
38 SECTION 6. That Section 18-2505, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 18-2505. ESCAPE BY ONE CHARGED WITH, CONVICTED OF, OR ON PROBATION FOR A
41 FELONY -- ESCAPE BY JUVENILE. (1) Every prisoner charged with, convicted of,
42 or on probation for a felony who is confined in any jail or prison including
43 the state penitentiary or correctional facility, as defined in section
44 18-101A, Idaho Code, including any private prison correctional facility, or
45 who while outside the walls of such jail or prison correctional facility in
46 the proper custody of any officer or person, or while in any factory, farm or
47 other place without the walls of such jail or prison correctional facility,
48 who escapes or attempts to escape from such officer or person, or from such
49 jail or prison correctional facility, or from such factory, farm or other
5
1 place without the walls of such jail or prison correctional facility, shall be
2 guilty of a felony, and upon conviction thereof, any such second term of
3 imprisonment shall commence at the time he would otherwise have been dis-
4 charged.
5 (2) Any person under the age of eighteen (18) years charged with, found
6 to have committed, or on probation for an offense which would be a felony if
7 committed by an adult who is confined in a juvenile detention facility or
8 other secure or nonsecure facility for juveniles and who escapes or attempts
9 to escape from the facility or from the lawful custody of any officer or per-
10 son shall be subject to proceedings under chapter 5, title 20, Idaho Code, for
11 an offense which would be a felony if committed by an adult. If the juvenile
12 is or has been proceeded against as an adult, pursuant to sections 20-508 or
13 20-509, Idaho Code, the juvenile shall be guilty of a felony for a violation
14 of this section and shall be subject to adult criminal proceedings.
15 SECTION 7. That Section 18-2507, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 18-2507. EXPENSE OF PROSECUTION -- HOW PAID. Whenever a person is prose-
18 cuted under any of the provisions of section 18-2505, Idaho Code, and whenever
19 a state convict prisoner in the custody of the board of correction housed in
20 the a state prison correctional facility, as defined in section 18-101A,
21 Idaho Code, shall be prosecuted for any crime committed therein, the clerk of
22 the district court shall make out a statement of all the costs incurred by the
23 county for the prosecution of such case, and for the guarding and keeping of
24 such convict prisoner, and when certified by the judge who tried the case,
25 such statement shall be audited by the board of examiners. If approved, the
26 board of examiners shall submit the claim, with a request for an appropria-
27 tion, to the legislature at its first session after the rendition of such
28 claim. If the legislature appropriates funds for such claim, the amount shall
29 be paid by the board of examiners to the treasurer of the county where the
30 trial was had. The provisions of this section shall apply to prosecution of a
31 prisoner in the custody of the board of correction and housed in a private
32 correctional facility unless otherwise provided for in any contract between
33 the state of Idaho and the private prison contractor entered into pursuant to
34 chapter 2, title 20, Idaho Code.
35 Costs of prosecution of out-of-state prisoners housed in a private correc-
36 tional facility shall be recoverable from the private prison contractor, as
37 provided in section 20-809, Idaho Code.
38 SECTION 8. That Section 18-2510, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 18-2510. ILLICIT CONVEYANCE OF ARTICLES INTO CORRECTIONAL FACILITIES. (1)
41 If any person delivers or procures to be delivered, or has in his possession
42 with intent to be delivered in any manner, to a convict prisoner of any state
43 correctional facility, or deposits or conceals in or about the facility or
44 dependencies thereon, or upon any lands belonging or pertaining thereto, or in
45 any vehicle going into the premises belonging to the said facility, any let-
46 ter, article or thing with the intent that a convict prisoner confined in said
47 facility shall obtain or receive the same, or if any person receives from any
48 convict prisoner of said facility, any letter, article or thing with intent to
49 convey the same out of the facility contrary to the rules and regulations
50 thereof, and without the knowledge and permission of the warden of said facil-
51 ity, or if any person shall purchase, exchange, take or receive from any con-
6
1 vict prisoner thereof while he may be working outside said facility, any let-
2 ter, article or thing, whether state or other property, manufactured or used
3 in and about said facility, without the knowledge and permission of the warden
4 of said facility, such person shall be guilty of a misdemeanor, and on convic-
5 tion thereof shall be punished by a fine not exceeding three hundred dollars
6 ($300), or imprisonment in the county jail for a period not exceeding six (6)
7 months, or by both such fine and imprisonment.
8 (2) As used in this section, aA correctional facility is a facility for
9 housing persons committed or transferred to the custody of the board of cor-
10 rection, excpet for or a private correctional facility housing prisoners under
11 the custody of the board of correction or housing out-of-state prisoners, as
12 defined in section 18-101A, Idaho Code, but shall not include facilities
13 operated by, or under the control of, other agencies of state, county or
14 municipal government.
15 SECTION 9. That Section 18-6110, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 18-6110. SEXUAL CONTACT WITH AN INMATE PRISONER. It is a felony for any
18 officer, employee or agent of a jail or state, local or private correctional
19 facility, as those terms are defined in section 18-101A, Idaho Code, to have
20 sexual contact with an inmate of a prisoner, whether an in-state or out-of-
21 state prisoner, as those terms are defined in section 18-101A, Idaho Code,
22 housed in such facility. For the purposes of this section "sexual contact"
23 means sexual intercourse, genital-genital, oral-genital, anal-genital or oral-
24 anal, between persons of the same or opposite sex.
25 Any person found guilty of sexual contact with an inmate a prisoner is
26 punishable by imprisonment in the state prison for a term not to exceed life.
27 SECTION 10. That Section 20-805, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 20-805. CONTRACTS WITH A PRIVATE PRISON CONTRACTOR. (1) A board of county
30 commissioners or the governing body of a city, may enter into a contract with
31 a private prison contractor for the site selection, design, design/building,
32 acquisition, construction, construction/management, financing, maintenance,
33 leasing, leasing/purchasing, management or operation of private prison facili-
34 ties or any combination of these services, subject to the following require-
35 ments and limitations:
36 (a) Any request for proposals, any original contract, any contract
37 renewal, any price or cost adjustment or any other amendment to any con-
38 tract for the incarceration of individuals in a private prison facility
39 shall be reviewed and approved by the contracting authority;
40 (b) No contract authorized by the provisions of this section shall be
41 awarded until the private prison contractor demonstrates to the satisfac-
42 tion of the contracting authority that the contractor possesses the neces-
43 sary qualifications and experience to provide the services specified in
44 the contract; that the contractor can provide the necessary qualified per-
45 sonnel to implement the terms of the contract; that the financial condi-
46 tion of the contractor is such that the terms of the contract can be ful-
47 filled; that the contractor has the ability to comply with applicable
48 court orders and corrections standards; and that the proposed private
49 prison facilities or the correctional services proposed by the contractor
50 meet constitutional minimums;
51 (c) The contract shall provide for the assumption of liability by the
7
1 private prison contractor for all claims arising from the services per-
2 formed under the contract by the private prison contractor;
3 (d) No contract authorized by the provisions of this section shall be
4 awarded until the private prison contractor demonstrates to the satisfac-
5 tion of the contracting authority that the contractor can obtain insurance
6 or provide self-insurance for the contractor and its officers, guards,
7 employees and agents against all claims, including claims based on viola-
8 tions of civil rights, arising from the services performed under the con-
9 tract by the private contractor and to indemnify the contracting authority
10 against all claims, including claims based on violations of civil rights,
11 arising from the services performed under the contract and to compensate
12 the contracting authority for any losses incurred due to the operation of
13 private prison facilities;
14 (e) If the contract includes construction, the contract shall require a
15 performance bond approved by the contracting authority that is adequate
16 and appropriate for the proposed construction contract;
17 (f) Except as otherwise permitted under the constitution or laws of the
18 state of Idaho, no contract awarded pursuant to this section shall provide
19 for the encumbrance of funds beyond the amount available for a fiscal
20 year.
21 (2) Any contract between a contracting authority and a private prison
22 contractor, whereby the contractor provides for the housing, care, and control
23 of inmates in a facility operated by the contractor, shall contain, in addi-
24 tion to other provisions, terms and conditions:
25 (a) A requirement that the contractor provide the services in a facility
26 which meets correctional standards satisfying constitutional minimums,
27 state and federal laws and applicable court orders;
28 (b) If a private prison contractor enters into a contract with a board of
29 county commissioners for a private prison facility to be located on pri-
30 vate land within the limits of any city, it shall be required that the
31 contractor obtain written authorization from the governing body of the
32 city in which the facility is to be located;
33 (c) If a private prison facility is to be located on land owned by the
34 county or the city or other publicly owned land which is not subject to
35 real property taxes, the contract may provide for the payment of a fee to
36 the contracting authority which shall be in lieu of property taxes, as
37 compensation for the costs of regulating, monitoring and providing ser-
38 vices to the facility;
39 (d) A requirement that the private prison contractor provide training to
40 its personnel to a level acceptable to the contracting authority. The
41 provisions of this section shall not be construed to confer peace officer
42 status upon any employee of the private prison contractor or to authorize
43 the use of firearms except to prevent escape from the facility or from
44 custody while being transported to or from the facility or to prevent an
45 act which would cause death or serious bodily injury to any person. The
46 provisions of this section shall not be construed to confer county or city
47 employee status upon any employee of the private prison contractor.
48 (e) A requirement that the private prison contractor, its officers,
49 guards, employees, and agents immediately notify the county sheriff and
50 any other law enforcement or other governmental entities, agencies or per-
51 sonnel named in the contract or required to be informed as provided in
52 this chapter of any riot, rebellion, escape or other emergency situation
53 occurring at the facility, and a requirement that the private prison con-
54 tractor reimburse costs as provided in section 20-809, Idaho Code.
55 (3) Contracts awarded under the provisions of this section shall, at a
8
1 minimum, comply with the following:
2 (a) Provide for internal and perimeter security to protect the public,
3 employees and inmates;
4 (b) Provide that the private prison contractor shall not benefit finan-
5 cially from the labor of inmates nor shall any inmate ever be placed in a
6 position of authority over another inmate. Any profits realized from the
7 operation of a prison enterprise program shall revert to the contracting
8 authority;
9 (c) Impose discipline on inmates only in accordance with applicable
10 rules, policies and procedures satisfying constitutional minimums, state
11 and federal laws and applicable court orders;
12 (d) Provide proper food, clothing, housing and medical care as provided
13 for in the contract.
14 (4) The contracting authority or its designee, as provided in the con-
15 tract, shall monitor the performance of the private prison contractor.
16 Included in the powers and responsibilities of the contracting authority or
17 its designee, when acting as the contract monitor of the private prison con-
18 tract are:
19 (a) A determination if the requirements of the contract are being satis-
20 factorily performed;
21 (b) A determination whether the private prison contractor and its person-
22 nel are complying with the provisions of this chapter;
23 (c) A determination if applicable ordinances, policies and procedures of
24 the contracting authority are being followed by the private prison con-
25 tractor and its personnel;
26 (d) A determination whether the facility is being operated in a manner
27 which adequately safeguards and protects the safety of the public;
28 (e) Approval of all inmate releases on furlough or work release;
29 (f) The enactment of ordinances or the adoption of written policies or
30 procedures interpreting or making specific application of the provisions
31 of this section.
32 SECTION 11. That Section 20-807, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 20-807. OUT-OF-STATE INMATES. (1) A board of county commissioners may
35 authorize a private prison contractor operating a private prison facility
36 within the county and the governing body of a city may authorize a private
37 prison contractor operating a private prison facility within the city to house
38 minimum to medium security inmates convicted of offenses committed against the
39 laws of a governmental entity other than the state of Idaho or its political
40 subdivisions.
41 (2) Out-of-state inmates may be housed in a private prison facility only
42 if the following requirements are met:
43 (a) The custody level capacity and availability in the private prison
44 facility is adequate to house the inmates;
45 (b) The private prison contractor and the board of county commissioners
46 or the governing body of the city, in cooperation with state and local law
47 enforcement agencies, and other appropriate governmental entities and
48 agencies, have developed a written plan explaining the procedure to be
49 used to coordinate law enforcement and other necessary activities in
50 response to any riot, rebellion, escape or other emergency situation
51 occurring in the facility.
52 (c) The private prison facility satisfies standards for the care, cus-
53 tody, treatment and control of inmates which comply with constitutional
9
1 minimums, state and federal laws and applicable court orders and any addi-
2 tional standards required by the county or the city;
3 (d) Each inmate to be released from custody must be released in the send-
4 ing governmental entity's jurisdiction;
5 (e) Before transferring the inmate to Idaho, the receiving facility shall
6 review:
7 (i) All records concerning the sending governmental entity's clas-
8 sification of the inmate, including records relating to the inmate's
9 conduct while confined in the sending governmental entity; and
10 (ii) Appropriate medical information concerning the inmate, includ-
11 ing certification of tuberculosis screening or treatment and certifi-
12 cation that the inmate has undergone HIV testing with negative
13 results.
14 (f) The sending governmental entity will not transfer and the receiving
15 facility will not accept an inmate who has a record of institutional vio-
16 lence involving the use of a deadly weapon or a pattern of violence while
17 confined in a facility within the sending governmental entity's jurisdic-
18 tion or a record of escape or attempted escape from secure custody;
19 (g) The receiving facility will determine the inmate's custody level in
20 order to ensure that the custody level assignments for the facility as a
21 whole are compatible with the construction security level availability in
22 the facility. If it is determined by the county or the city or the pri-
23 vate prison contractor that the inmate poses a substantial risk to the
24 community, prison population or staff or should be classified as maximum
25 security, the inmate will be returned to the sending governmental entity;
26 and
27 (3) The private prison contractor shall reimburse costs as specified in
28 section 20-809, Idaho Code.
29 (4) Neither this section nor any other provision of this chapter shall be
30 construed to authorize the release of an out-of-state inmate confined in a
31 private prison facility on work release, furlough or other release from the
32 facility except as provided in any contract authorized in this chapter or with
33 the express written approval of the board of county commissioners of the
34 county in which the facility is located or the governing body of the city in
35 which the facility is located, or as provided by county or city ordinance.
36 (5) The provisions of this section shall not be construed as a limitation
37 upon the authority of the state of Idaho, a county or a city of this state to
38 incarcerate, detain or place a person convicted of an offense committed
39 against the laws of the United States, a territory of the United States,
40 another state or a political subdivision thereof in a correctional facility,
41 county jail or other governmental detention facility in this state pursuant to
42 the laws of the United States, the state of Idaho or other applicable law.
43 SECTION 12. That Sections 20-810 and 20-811, Idaho Code, be, and the same
44 are hereby repealed.
45 SECTION 13. That Section 31-3220A, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 31-3220A. PRISONER INABILITY TO PAY FEES AT TIME OF FILING OF ACTION --
48 DISMISSAL OF ACTION. (1) For the purposes of this section, the following defi-
49 nitions shall apply:
50 (a) "Action" means a civil suit, action, proceeding, or appeal of any
51 such action, including habeas corpus, but excluding proceedings brought
52 pursuant to chapter 49, title 19, Idaho Code.
10
1 (b) "Indigent prisoner" means a prisoner who has had no funds in his
2 inmate account for the twelve (12) months preceding filing of the action,
3 or the period of his incarceration, whichever is less.
4 (c) "Inmate account" means an account managed by officials of county
5 jails or state prisons state, local or private correctional facilities, as
6 defined in section 18-101A, Idaho Code, to which the prisoner has access
7 to purchase personal property from the jail or prison correctional
8 facility's commissary in addition to property and supplies provided by the
9 county, or state or private correctional facility to meet the prisoner's
10 basic needs.
11 (d) "Prisoner" means a person who has been convicted of a crime and is
12 incarcerated for that crime or is being held in custody for trial or sen-
13 tencing shall have the meaning provided in section 18-101A, Idaho Code.
14 (2) A prisoner who seeks to file an action without payment of court fees
15 or with partial payment of court fees required in sections 31-3201 and
16 31-3201A, Idaho Code, shall file the following at the time of filing of an
17 action:
18 (a) A motion to proceed without payment of court fees or for partial pay-
19 ment of court fees under this section;
20 (b) An affidavit of inability to pay court fees as set forth in section
21 31-3220(3), Idaho Code; and
22 (c) A certified copy of his inmate account that reflects the activity of
23 his account over his period of incarceration or for twelve (12) months,
24 whichever is less. The copy of the prisoner's inmate account shall be cer-
25 tified by a custodian of inmate accounts of the office of the county sher-
26 iff, or the department of correction, or the private correctional
27 facility.
28 Upon filing of the action and motion to proceed under this section, the pris-
29 oner shall also serve a copy of each document filed in compliance with this
30 subsection upon counsel for the county sheriff, or the department of correc-
31 tion, or the private correctional facility.
32 (3) If the court finds that the prisoner is an indigent prisoner, the
33 court may order the action to proceed without payment of any court fees.
34 (4) If the court finds that the prisoner is not an indigent prisoner, the
35 court shall order the prisoner to pay all or part of the court fees as set
36 forth in sections 31-3201 and 31-3201A, Idaho Code.
37 (5) The court may dismiss an action filed under this section, in whole or
38 in part, on its own motion or by motion of a party, upon a finding that:
39 (a) The nonindigent prisoner has failed to pay the court fees under sub-
40 section (4) of this section within thirty (30) days of the entry of the
41 order for court fees, or any time thereafter; or
42 (b) Any allegation in the prisoner's affidavit filed under this section
43 is false.
44 (6) If the action or any part of it is dismissed without prejudice under
45 subsection (5) of this section, and the prisoner refiles the action, the fol-
46 lowing shall apply:
47 (a) The requirements under this section must be met again in their
48 entirety; and
49 (b) No amount paid for court fees in any action, or any part thereof,
50 shall be credited to the court fees required under sections 31-3201 and
51 31-3201A, Idaho Code.
52 (7) The court may refuse further filings under this section until the
53 order for court fees has been satisfied in any previous action filed under
54 this section.
55 (8) The office of the attorney general, the county prosecutor, or other
11
1 counsel for the defendant or respondent, is authorized to receive information
2 from the county sheriff, or department of correction, or private correctional
3 facility in order to verify the financial information submitted by a prisoner
4 pursuant to this section.
5 (9) The court may request an official or officials of the county jail, or
6 department of correction, or private correctional facility to file an affida-
7 vit concerning the allegations in the prisoner's affidavit or concerning the
8 merits of the action prior to determination whether to proceed under this sec-
9 tion.
10 (10) The court may require the prisoner to file an affidavit that the
11 claim has not been previously brought against the same parties or from the
12 same operative facts in any state or federal court.
13 (11) The court may dismiss an action or a portion of the action under this
14 section, before or after service, on its own motion or by motion of a party,
15 upon a finding that:
16 (a) Any allegation in the affidavit or the action is false;
17 (b) The action is frivolous;
18 (c) The action is malicious; or
19 (d) The action fails to state a claim upon which relief can be granted.
20 (12) If a portion of the action is dismissed, the court's order dismissing
21 the action shall also designate the issues and the defendant or respondent
22 upon which the action is to proceed.
23 (13) The court shall award reasonable costs and attorney fees to the
24 defendant or respondent if the court finds that:
25 (a) Any allegation in the prisoner's affidavit is false;
26 (b) The action or any part of the action is frivolous or malicious; or
27 (c) The action or any part of the action is dismissed for failure to
28 state a claim upon which relief can be granted.
29 (14) Orders entered under this section are not subject to interlocutory
30 appeal.
31 (15) Nothing in this section shall prevent a prisoner from authorizing
32 payment beyond that required under the order for filing fees.
33 (16) Nothing in this section shall be construed to prohibit a prisoner
34 from filing an action without payment of filing fees if he is found to be an
35 indigent prisoner as defined in subsection (1)(b) of this section.
36 (17) If the court authorizes the commencement of the action or any part of
37 the action without payment of fees upon a finding that the prisoner is an
38 indigent prisoner, and the court later finds that a prisoner is no longer an
39 indigent prisoner, the court may order the prisoner to comply with the
40 requirements of subsection (2) of this section and enter an order for court
41 fees. The court's finding under this subsection may be based on information
42 contained in affidavits or other information available to the court.
43 (18) The court may develop a form questionnaire which it may require by
44 local rule to be filed to implement this statute.
45 (19) This section is intended as a procedural guideline only, and nothing
46 herein shall be interpreted to create a liberty interest for prisoners enti-
47 tling them to due process protection under the Idaho constitution or the
48 United States constitution.
49 SECTION 14. An emergency existing therefor, which emergency is hereby
50 declared to exist, this act shall be in full force and effect on and after its
51 passage and approval.
STATEMENT OF PURPOSE
RS 10235
This legislation is intended to make it clear that all Idaho
criminal laws apply to prisoners from other states housed in
private correctional facilities in this state and that all
necessary laws pertaining to personnel of correctional facilities
are also applicable to personnel of private correctional
facilities. The bill creates two new sections in the criminal code
to provide definitions of prisoner, out-of-state prisoner,
correctional facilities and private correctional facilities
and to specify the general application of the criminal code to
out-of-state prisoners and personnel of private correctional
facilities. A number of existing statutes relating to actions of
correctional officers and prisoners are specifically amended, as
well, to include private correctional facilities and out-of-state
prisoners.
FISCAL NOTE
The legislation will have no fiscal impact on the general fund.
CONTACT: Senator Bart Davis
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 155