2000 Legislation
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SENATE CONCURRENT RESOLUTION NO. 160 – Private Prison Facilities, Study

SENATE CONCURRENT RESOLUTION NO. 160

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SCR160...............................................by JUDICIARY AND RULES
PRIVATE PRISON FACILITIES REGULATION - STUDY - Stating findings of the
Legislature and authorizing the Legislative Council to appoint a committee
to undertake and complete a study of state and local regulation of private
prison facilities, including speculative prisons, and out-of-state
prisoners housed in those facilities.
                                                                        
03/07    Senate intro - 1st rdg - to printing
03/08    Rpt prt - to Jud

Bill Text


 SCR160
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                            SENATE CONCURRENT RESOLUTION NO. 160
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
  3        APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY OF STATE  AND  LOCAL
  4        REGULATION  OF  PRIVATE  PRISON FACILITIES, INCLUDING SPECULATIVE PRISONS,
  5        AND OUT-OF-STATE PRISONERS HOUSED IN THOSE FACILITIES.
                                                                        
  6    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  7        WHEREAS, the private prison industry is expanding into  many  states,  and
  8    there  have been dire consequences in those states with  insufficient legisla-
  9    tion to address and regulate the activities of  private  prisons  and  out-of-
 10    state prisoners housed in those facilities; and
 11        WHEREAS, Idaho is subject to the real possibility that speculative prisons
 12    owned  and operated by private prison contractors for the exclusive purpose of
 13    housing prisoners from other states could be built in Idaho; and
 14        WHEREAS, although some laws have been enacted  to  provide  for  contracts
 15    with private prison contractors and to regulate private prison facilities that
 16    seek to locate in counties and cities, the application of many of Idaho's laws
 17    to private prison facilities in general, including speculative prisons, and to
 18    out-of-state  prisoners  who may be housed in those facilities remains unclear
 19    and must be examined in light of constitutional restrictions relative  to  the
 20    boundaries of permitted regulation; and
 21        WHEREAS,  it is essential to the interests of the citizens of Idaho that a
 22    comprehensive review be undertaken of the proper functions of state and  local
 23    government  in  regulating the building of private prison facilities, the role
 24    of state and local law enforcement agencies, the attorney general  and  county
 25    and  city prosecutors with respect to crimes committed in private correctional
 26    facilities and by out-of-state  prisoners  housed  in  those  facilities,  the
 27    proper  apportionment  of  costs  incurred with respect to prosecution and law
 28    enforcement activities related to  private  prison  facilities  and  prisoners
 29    housed therein, and the applicability of Idaho's criminal statutes, in partic-
 30    ular, to out-of-state prisoners and private prison facilities.
 31        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 32    sion of the Fifty-fifth Idaho Legislature, the Senate and the House of  Repre-
 33    sentatives  concurring  therein, that the Legislative Council is authorized to
 34    appoint a committee to undertake and complete a study of private  correctional
 35    facilities,  including speculative prisons, and the housing therein of out-of-
 36    state prisoners, as they may impact state  and  local  government,  state  and
 37    local  law enforcement agencies, county and city prosecutors, the state appel-
 38    late public defender and the attorney general, as well as Idaho's criminal and
 39    other relevant statutes. The Legislative Council shall determine the number of
 40    legislators and membership from each house  appointed  to  the  committee  and
 41    shall  authorize  the  committee  to receive input, advice and assistance from
 42    interested and affected parties who are not members of the Legislature.
 43        BE IT FURTHER RESOLVED that nonlegislative members may be appointed by the
 44    cochairs of the committee, which shall include representatives  of  the  state
                                                                        
                                           2
                                                                        
  1    board  of  correction,  the  office  of  the  attorney general, the governor's
  2    office, the state appellate  public  defender,  county  and  city  government,
  3    county  and city law enforcement, county and city prosecutors, and a represen-
  4    tative knowledgeable of private correctional facility construction and  opera-
  5    tion.  Nonlegislative  members  shall not be reimbursed from legislative funds
  6    for per diem, mileage or other expenses and shall not have  voting  privileges
  7    regarding the committee's recommendations or proposed legislation.
  8        BE  IT  FURTHER  RESOLVED that the committee shall report its findings and
  9    recommendations to the First Regular Session of the Fifty-sixth Idaho Legisla-
 10    ture.

Statement of Purpose / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS 10233 
     
          This legislation provides for an interim study committee to study state and
     local regulation of private prison facilities, including "speculative prisons", and
     out-of-state prisoners housed in those facilities. The prison industry is expanding
     into many states, and preparedness is the key to preventing any unfortunate
     consequences which may arise, particularly with respect to out-of- state prisoners
     being brought into our state to fill "speculative" prisons. Although current statutes
     address some particulars of private prisons, it is crucial that a comprehensive
     examination be undertaken of the issues surrounding a potential influx of private
     prisons and prisoners from other states. This would necessarily involve the
     participation of the department of correction, state and local officials, prosecutors
     and law enforcement officials and others who may be impacted. 
     
     
     
     
                     FISCAL NOTE 
     
     There will be a fiscal impact to the general fund of approximately $10,000. 
     
     
     
               CONTACT:  Senator Bart Davis
               332-1000 
     
     
     STATEMENT OF PURPOSE/FISCAL NOTE                                   SCR 160