2000 Legislation
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SENATE BILL NO. 1551 – Private Correction Facilities

SENATE BILL NO. 1551

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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

Bill Text


 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 / Fiscal Impact


                   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