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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
|||| 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