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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
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
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