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S1120................................................by JUDICIARY AND RULES
PRIVATE PRISONS - Amends existing law relating to private prisons to revise
definitions; to provide for written contracts; to provide that cities and
counties may authorize housing of certain prisoners; to prohibit housing of
certain prisoners; to clarify requirements and limitations on cities and
counties in contracting with private prison contractors; to provide for
licensing; to authorize housing of certain out-of-state prisoners subject
to review and approval by the Department of Correction; to clarify certain
purposes of monitoring; to provide for notification of escapes and crimes,
including incidents committed inside or outside the facility; to provide
for reimbursement of costs; to provide for recovery of costs of
prosecution; and to provide for rules.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 30-4-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth, Williams,
NAYS -- Cameron, Hawkins, Ingram, Schroeder
Absent and excused -- Sims
Floor Sponsor -- Davis
Title apvd - to House
02/28 House intro - 1st rdg - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 59-5-6
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Hansen, Henbest(Farley), Higgins, Hornbeck,
Jaquet, Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd,
Stevenson, Tilman, Trail, Wheeler, Wood, Young(Young), Mr. Speaker
NAYS -- Ellis, Harwood, McKague, Moyle, Smylie
Absent and excused -- Campbell, Kellogg, Pischner, Sellman, Smith,
Stone
Floor Sponsor -- Moss
Title apvd - to Senate
03/29 To enrol
Rpt enrol - Pres signed
03/30 Sp signed - to Governor
04/04 Governor signed
Session Law Chapter 335
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1120
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PRIVATE PRISONS; AMENDING SECTION 20-801, IDAHO CODE, TO DEFINE
3 TERMS, TO REVISE TERMS AND TO STRIKE A DEFINITION OF "INMATE"; AMENDING
4 SECTION 20-803, IDAHO CODE, TO PROVIDE FOR WRITTEN CONTRACTS, TO STRIKE A
5 REFERENCE TO EXPRESS WRITTEN APPROVAL, TO PROVIDE FOR COMPLIANCE WITH THE
6 REQUIREMENTS OF THIS CHAPTER AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING
7 SECTION 20-804, IDAHO CODE, TO PROVIDE THAT CITIES AND COUNTIES MAY AUTHO-
8 RIZE HOUSING OF CERTAIN PRISONERS SUBJECT TO THE REVIEW AND APPROVAL OF
9 THE DEPARTMENT OF CORRECTION, TO STRIKE A REFERENCE TO THE EXPRESS WRITTEN
10 APPROVAL OF CITIES AND COUNTIES TO HOUSE PRISONERS, TO PROHIBIT AUTHORIZA-
11 TION, APPROVAL OR HOUSING OF CERTAIN PRISONERS, TO STRIKE A REFERENCE TO
12 FINANCIAL INTERESTS, TO PROHIBIT CITIES AND COUNTIES FROM CONTRACTING WITH
13 CERTAIN PRIVATE PRISON CONTRACTORS, TO PROVIDE THAT CERTAIN CONTRACTS ARE
14 VOIDABLE AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 20-805,
15 IDAHO CODE, TO PROVIDE CERTAIN REQUIREMENTS AND LIMITATIONS ON CITIES AND
16 COUNTIES IN CONTRACTING WITH PRIVATE PRISON CONTRACTORS, TO CLARIFY CER-
17 TAIN REQUIREMENTS AND LIMITATIONS ON CITIES AND COUNTIES IN CONTRACTING
18 WITH PRIVATE PRISON CONTRACTORS, TO REQUIRE CERTAIN TERMS AND CONDITIONS
19 IN CONTRACTS, TO CLARIFY CERTAIN REQUIRED TERMS AND CONDITIONS IN CON-
20 TRACTS, TO STRIKE A REFERENCE TO THE IMPOSITION OF A FEE IN LIEU OF TAXES,
21 TO PROVIDE FOR CERTAIN REQUIRED CONTRACTUAL PROVISIONS, TO CLARIFY CERTAIN
22 REQUIRED CONTRACTUAL PROVISIONS, TO PROVIDE FOR CERTAIN POWERS AND RESPON-
23 SIBILITIES OF THE CONTRACT MONITOR, TO REFER TO THE PROVISIONS OF THIS
24 CHAPTER, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS;
25 AMENDING SECTION 20-806, IDAHO CODE, TO PROVIDE FOR LICENSING, TO EXTEND
26 REQUIREMENTS TO CERTAIN PRIVATE PRISON FACILITIES, TO PROVIDE REQUIRE-
27 MENTS, TO CLARIFY REQUIREMENTS AND TO PROVIDE CORRECT TERMINOLOGY; AMEND-
28 ING SECTION 20-807, IDAHO CODE, TO PROVIDE THAT CITIES AND COUNTIES MAY
29 AUTHORIZE HOUSING OF CERTAIN OUT-OF-STATE PRISONERS SUBJECT TO THE REVIEW
30 AND APPROVAL OF THE DEPARTMENT OF CORRECTION, TO PROHIBIT AUTHORIZATION,
31 APPROVAL OR HOUSING OF CERTAIN OUT-OF-STATE PRISONERS, TO PROVIDE REQUIRE-
32 MENTS FOR HOUSING OF CERTAIN OUT-OF-STATE PRISONERS, TO CLARIFY REQUIRE-
33 MENTS FOR HOUSING OF CERTAIN OUT-OF-STATE PRISONERS, TO STRIKE A REFERENCE
34 TO THE RECEIVING FACILITIES REVIEW OF CERTAIN RECORDS, TO STRIKE A REFER-
35 ENCE TO REIMBURSEMENT OF COSTS BY THE PRIVATE PRISON CONTRACTOR, TO STRIKE
36 A REFERENCE TO EXPRESS WRITTEN APPROVAL OF THE RELEASE OF OUT-OF-STATE
37 PRISONERS BY CITIES OR COUNTIES AND TO PROVIDE CORRECT TERMINOLOGY; AMEND-
38 ING SECTION 20-808, IDAHO CODE, TO CLARIFY CERTAIN PURPOSES OF MONITORING;
39 AMENDING SECTION 20-809, IDAHO CODE, TO PROVIDE FOR NOTIFICATION OF
40 ESCAPES AND CRIMES, TO EXTEND NOTIFICATION REQUIREMENTS TO CERTAIN INCI-
41 DENTS COMMITTED INSIDE OR OUTSIDE THE FACILITY, TO PROVIDE FOR REIMBURSE-
42 MENT OF COSTS ASSOCIATED WITH CRIMES, TO EXTEND REIMBURSEMENT REQUIREMENTS
43 TO CERTAIN INCIDENTS COMMITTED IN OR ON THE GROUNDS OF, OR OTHERWISE IN
44 CONNECTION WITH, THE FACILITY, TO EXTEND THE REQUIREMENT TO REIMBURSE
45 COSTS TO CERTAIN ACTS REGARDLESS OF WHETHER CONVICTION IS OBTAINED, TO
46 STRIKE A REFERENCE TO CERTAIN ACTS COMMITTED WITHIN THE PRIVATE FACILITY,
2
1 TO PROVIDE FOR CERTAIN PRISONERS CONVICTED AND SENTENCED FOR OFFENSES
2 WHILE INCARCERATED IN THE STATE AND TO PROVIDE CORRECT TERMINOLOGY; AMEND-
3 ING SECTION 20-812, IDAHO CODE, TO EXTEND APPLICATION OF CIVIL PENALTIES
4 PROVISIONS TO PRIVATE PRISON CONTRACTORS THAT RENOVATE FACILITIES; AMEND-
5 ING SECTION 6-904B, IDAHO CODE, TO PROVIDE AN EXCEPTION TO GOVERNMENTAL
6 LIABILITY FOR CERTAIN ACTIONS OF CITIES, COUNTIES, THE IDAHO BOARD OF COR-
7 RECTION AND THE IDAHO DEPARTMENT OF CORRECTION; AMENDING SECTION 18-2507,
8 IDAHO CODE, TO EXTEND RECOVERY OF COSTS OF PROSECUTION TO ALL PRISONERS
9 HOUSED IN PRIVATE CORRECTIONAL FACILITIES; AMENDING SECTION 20-209, IDAHO
10 CODE, TO PROVIDE FOR RULES, TO PROVIDE THE STATE BOARD OF CORRECTION WITH
11 RULEMAKING AUTHORITY IN REGARD TO CERTAIN PRIVATE PRISONS AND TO PROVIDE
12 CORRECT TERMINOLOGY; AND AMENDING SECTION 20-212, IDAHO CODE, TO EXTEND
13 RULEMAKING AUTHORITY OF THE STATE BOARD OF CORRECTION TO PARTICULAR DUTIES
14 RELEVANT TO CERTAIN PRIVATE PRISONS.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 20-801, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 20-801. DEFINITIONS. In this chapter:
19 (1) "Contracting authority" means a board of county commissioners or the
20 governing body of a city.
21 (2) "Correctional facility" means a facility for the confinement of pris-
22 oners. The term shall be construed to include references to terms including,
23 but not limited to, "prison," "state prison," "state penitentiary,"
24 "governmental detention facility," "penal institution (facility),"
25 "correctional institution," "detention institution (facility)," "county jail,"
26 "jail," "private prison (facility)" or "private correctional facility." The
27 term does not include a treatment facility designed to evaluate and treat sub-
28 stance abuse when the treatment facility is operated under the direction of a
29 political subdivision of the state of Idaho.
30 (3) "Governmental entity" means a state, county, city, municipal corpora-
31 tion or other political subdivision of the state, or a territory of the United
32 States and any political subdivision thereof.
33 (3) "Inmate" means a person arrested for, charged with or convicted of a
34 criminal offense and confined in or subject to confinement in a correctional
35 or detention facility.
36 (4) "In-state prisoner" means a person who has been convicted of a crime
37 in the state of Idaho and is either incarcerated or on parole for that crime
38 or in custody for trial and sentencing, and who is being housed in any state,
39 local or private correctional facility, or who is being transported in any
40 manner within or through the state of Idaho.
41 (5) "Local correctional facility" means a facility for the confinement of
42 prisoners operated by or under the control of a county or city. The term shall
43 include references to "county jail," or "jail." The term shall also include a
44 private correctional facility housing prisoners under the custody of the state
45 board of correction, the county sheriff or other local law enforcement agency.
46 (6) "Medium security" or "medium custody" means a security or custody
47 classification reserved for prisoners who have demonstrated an ability to fol-
48 low institutional rules and regulations, who may have a considerable amount of
49 time remaining to serve and who may present an escape risk at a lower assigned
50 custody level.
51 (7) "Minimum security" or "minimum custody" means a security or custody
52 classification reserved for prisoners who have continuously demonstrated an
3
1 ability to follow institutional rules and regulations; who are either commit-
2 ted for a nonviolent crime or are committed on a violent crime; who are gener-
3 ally within twelve (12) months of parole eligibility; and who normally do not
4 present an escape risk.
5 (8) "Out-of-state prisoner" or "out-of-state inmate" means a person who
6 is convicted of and sentenced for a crime in a state other than the state of
7 Idaho, or under the laws of the United States or other foreign jurisdiction,
8 and who is being housed in any state, local or private correctional facility
9 in the state of Idaho, or who is being transported in any manner within or
10 through the state of Idaho.
11 (9) "Prisoner" means a person who has been convicted of a crime in the
12 state of Idaho and is either incarcerated or on parole for that crime or in
13 custody for trial and sentencing, or who is convicted of and sentenced for a
14 crime in a state other than the state of Idaho, or under the laws of the
15 United States or other foreign jurisdiction, and who is being housed in any
16 state, local or private correctional facility, or who is being transported in
17 any manner within or through the state of Idaho. The term shall be construed
18 to include references to terms including, but not limited to, "inmate,"
19 "convict," "detainee," and other similar terms, and shall include
20 "out-of-state prisoner" and "out-of-state inmate."
21 (410) "Private prison contractor" means any person, organization, partner-
22 ship, joint venture, corporation or other business entity engaged in the site
23 selection, design, design/building, acquisition, construction,
24 construction/management, financing, maintenance, leasing, leasing/purchasing,
25 management or operation of private prison facilities or any combination of
26 these services. For purposes of this chapter, "private prison contractor" does
27 not include those persons, organizations, partnerships, joint ventures, corpo-
28 rations or other business entities that contract with a political subdivision
29 of the state of Idaho for the construction of a facility provided the facility
30 will be operated by the political subdivision or where the facility is oper-
31 ated under the direction of the political subdivision and is designed to eval-
32 uate and treat substance abuse.
33 (511) "Private prison facility" or "private correctional facility," for
34 purposes of this chapter, means a correctional facility constructed or oper-
35 ated in the state of Idaho by a private prison contractor for the confinement
36 of inmates pursuant to contract with a contracting authority as defined
37 herein.
38 SECTION 2. That Section 20-803, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 20-803. PRIVATE PRISON CONTRACTORS -- CONTRACT OR APPROVAL REQUIRED TO
41 CONSTRUCT AND OPERATE PRIVATE PRISON FACILITIES AND TO HOUSE OUT-OF-STATE
42 INMATES PRISONERS. (1) A private prison contractor may not construct or oper-
43 ate a private prison facility in this state except pursuant to a contract
44 with the state of Idaho, as authorized in chapter 2, title 20, Idaho Code, or
45 pursuant to a written contract with, or with the express written approval of,
46 a county or city of this state, as authorized by the provisions of this chap-
47 ter.
48 (2) A private prison contractor may not house in a private prison facil-
49 ity in this state inmates prisoners who have been convicted of offenses com-
50 mitted against the laws of a governmental entity other than the state of Idaho
51 and its political subdivisions except pursuant to a written contract with, or
52 with the express written approval of, the board of county commissioners of the
53 county in which the facility is located or the governing body of the city in
4
1 which the facility is located, and only if the requirements of section 20-807,
2 Idaho Code, this chapter are met.
3 SECTION 3. That Section 20-804, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 20-804. AUTHORITY OF COUNTY OR CITY TO HOUSE INMATES PRISONERS IN A PRI-
6 VATE PRISON FACILITY. (1) A board of county commissioners or the governing
7 body of a city may authorize the housing of specific minimum to medium secu-
8 rity inmates prisoners of the county or the city in a private prison facility
9 pursuant to contract with the private prison contractor or with the express
10 written approval of the board of county commissioners or the governing body of
11 the city and subject to the review and approval of the prisoners by the
12 department of correction. Provided, however, that in no event shall a board of
13 county commissioners or the governing body of a city authorize, nor shall the
14 department of correction approve, housing of any maximum or close custody
15 prisoners, inmates imprisoned for sexual offenses or prisoners with a history
16 or record of institutional violence involving the use of a deadly weapon, a
17 history or record of committing any act of an assaultive nature that would
18 qualify as a felony under the laws of the state of Idaho against any prisoner,
19 employee or visitor while confined, or a history or record of escape or
20 attempted escape from secure custody.
21 (2) A board of county commissioners may not contract with a private
22 prison contractor in which a commissioner or an elected or appointed peace
23 officer or other county official has an financial interest pursuant to chapter
24 2, title 59, Idaho Code. The governing body of a city may not contract with a
25 private prison contractor in which the mayor, a member of the city council, or
26 any appointed peace officer or other city official has an financial interest
27 pursuant to chapter 2, title 59, Idaho Code. A contract made in violation of
28 the provisions of this subsection is voidable.
29 SECTION 4. That Section 20-805, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 20-805. CONTRACTS WITH A PRIVATE PRISON CONTRACTOR. (1) A board of county
32 commissioners or the governing body of a city, may enter into a contract with
33 a private prison contractor for the site selection, design, design/building,
34 acquisition, construction, construction/management, financing, maintenance,
35 leasing, leasing/purchasing, management or operation of private prison facili-
36 ties or any combination of these services, subject to the following require-
37 ments and limitations:
38 (a) Any request for proposals, any original contract, any contract
39 renewal, any price or cost adjustment or any other amendment to any con-
40 tract for the incarceration of individuals in a private prison facility
41 shall be reviewed and approved by the contracting authority. The contract
42 shall be in a form as provided for by the department of administration in
43 consultation with the department of correction;
44 (b) No contract authorized by the provisions of this section shall be
45 awarded until the private prison contractor demonstrates to the satisfac-
46 tion of the contracting authority that the contractor possesses the neces-
47 sary qualifications and experience to provide the services specified in
48 the contract; that the contractor can provide the necessary qualified per-
49 sonnel to implement the terms of the contract; that the financial condi-
50 tion of the contractor is such that the terms of the contract can be ful-
51 filled; that the contractor has the ability to comply with applicable
5
1 court orders and meet corrections standards; and that the proposed private
2 prison facilities or the correctional services proposed by the contractor
3 meet constitutional minimums;
4 (c) The contract shall provide for the assumption of liability by the
5 private prison contractor for all claims arising from the services per-
6 formed under the contract by the private prison contractor;
7 (d) No contract authorized by the provisions of this section shall be
8 awarded until the private prison contractor demonstrates to the satisfac-
9 tion of the contracting authority that the contractor can obtain insurance
10 or provide self-insurance for the contractor and its officers, guards,
11 employees and agents against all claims, including claims based on viola-
12 tions of civil rights, arising from the services performed under the con-
13 tract by the private contractor and to indemnify the contracting authority
14 against all claims, including claims based on violations of civil rights,
15 arising from the services performed under the contract and to compensate
16 the contracting authority for any losses incurred due to the operation of
17 private prison facilities provides a policy of insurance for all claims
18 satisfactory to the contracting authority specifically including, but not
19 limited to, insurance for civil rights claims as determined by a risk man-
20 agement or actuarial firm with demonstrated experience in public liability
21 for state governments. The insurance policy shall provide coverage for the
22 private prison contractor and its officers, guards, employees and agents
23 as well as insure the state, including all state agencies, and all politi-
24 cal subdivisions of the state with jurisdiction over the facility or in
25 which a facility is located against all claims arising from the services
26 performed under the contract by the private prison contractor, its offi-
27 cers, guards, employees and agents. The private prison contractor shall
28 immediately provide written notification of cancellation of insurance to
29 the state department of correction and the contracting authority. The
30 private prison contractor may not self-insure. Proof of insurance shall be
31 provided on or before January 1 of every year to the state department of
32 correction and the contracting authority;
33 (e) If the contract includes construction or renovation, the contract
34 shall require a performance bond approved by the contracting authority
35 that is adequate and appropriate for the proposed construction or
36 renovation contract;
37 (f) Except as otherwise permitted under the constitution or laws of the
38 state of Idaho, no contract awarded pursuant to this section shall provide
39 for the encumbrance of funds beyond the amount available for a fiscal
40 year;
41 (g) The contract shall require the private prison contractor to be
42 licensed by the department of correction pursuant to the provisions of
43 this chapter.
44 (2) Any contract between a contracting authority and a private prison
45 contractor, whereby the contractor provides for the housing, care, and control
46 of inmates prisoners in a facility operated by the contractor, shall contain,
47 in addition to other provisions, terms and conditions:
48 (a) A requirement that the private prison contractor provide the services
49 in a facility which meets correctional standards satisfying constitutional
50 minimums, state and federal laws, rules and regulations and applicable
51 court orders, including, but not limited to, all sanitation, food service,
52 safety and health regulations;
53 (b) A requirement that the private prison contractor send copies of
54 reports of inspections completed by appropriate authorities regarding com-
55 pliance with laws, rules and regulations of the type described in subsec-
6
1 tion (2)(a) of this section to the governing authority of the local public
2 entity in which the correctional facility is located;
3 (c) If a private prison contractor enters into a contract with a board of
4 county commissioners for a private prison facility to be located on pri-
5 vate land within the limits of any city, it shall be required that the
6 contractor obtain written authorization from the governing body of the
7 city in which the facility is to be located;
8 (c) If a private prison facility is to be located on land owned by the
9 county or the city or other publicly owned land which is not subject to
10 real property taxes, the contract may provide for the payment of a fee to
11 the contracting authority which shall be in lieu of property taxes, as
12 compensation for the costs of regulating, monitoring and providing ser-
13 vices to the facility;
14 (d) A requirement that the private prison contractor provide training to
15 its personnel to a level acceptable to the contracting authority. The pro-
16 visions of this section shall not be construed to confer peace officer
17 status upon any employee of the private prison contractor or to authorize
18 the use of firearms. except A private correctional officer or other desig-
19 nated employee of a private prison contractor may carry and use firearms
20 in the course of the officer's or employee's employment only if the offi-
21 cer or employee is certified as having satisfactorily completed a training
22 program approved by the department of correction and only if used to pre-
23 vent escape from the facility or from custody while being transported to
24 or from the facility or to prevent an act which would cause death or seri-
25 ous bodily injury to any person. The provisions of this section shall not
26 be construed to confer county or city employee status upon any employee of
27 the private prison contractor.;
28 (e) A requirement that the private prison contractor will not employ any
29 person at the private prison facility until after the private contractor
30 has submitted to the bureau of criminal identification, on a form pre-
31 scribed by the bureau, a request that the bureau conduct a criminal
32 records check of the person and a requirement that the private prison con-
33 tractor will not employ any person at the facility if the records check or
34 other information possessed by the contractor indicates that the person
35 has a criminal history or record, regardless of the form of judgment;
36 (f) A requirement that the private prison facility be staffed at all
37 times to ensure supervision of prisoners and maintenance of security
38 within the private prison facility and to provide for appropriate pro-
39 grams, transportation, security and other operational needs. In determin-
40 ing security needs for the private prison facility, the private contractor
41 and the contract requirements shall fully take into account all relevant
42 factors including, but not limited to, the proximity of the facility to
43 neighborhoods and schools;
44 (g) A requirement that the private prison contractor, its officers,
45 guards, employees, and agents immediately notify the county sheriff and
46 any other law enforcement or other governmental entities, agencies or per-
47 sonnel named in the contract or required to be informed as provided in
48 this chapter of any riot, rebellion, escape, crime or other emergency sit-
49 uation occurring at inside or outside the facility, and a requirement that
50 the private prison contractor reimburse costs as provided in section
51 20-809, Idaho Code. Notification shall be made by telephone and in writ-
52 ing. The written notice may be made by facsimile transmission or mail;
53 (h) A requirement that the private contractor adopt and use in the pri-
54 vate prison facility a drug testing and treatment program that meets the
55 standards of any drug testing and treatment program the department of cor-
7
1 rection uses for its prisoners in state correctional institutions;
2 (i) A requirement that the private prison contractor provide advance
3 written notice to the county sheriff of the contracting authority and any
4 other law enforcement or other governmental entities, agencies or person-
5 nel named in the contract, of its intent to provide for transport of any
6 prisoners to or from the private prison facility and of the intended des-
7 tination;
8 (j) A requirement that the private prison contractor shall be solely
9 responsible for any damage caused by a prisoner in its custody and shall
10 be solely responsible for security and all costs associated with trans-
11 porting and housing prisoners to and from locations outside the private
12 prison facility including, but not limited to, court, medical and sending
13 facility locations. The private prison contractor's responsibility for
14 costs will include, but not be limited to, all costs which may be required
15 by court officials for additional security for the prisoner provided by
16 federal, state, county or city officials;
17 (k) A requirement that no prisoner shall be housed in a private prison
18 facility pursuant to this chapter without the prior approval of the
19 department of correction pursuant to the provisions of this chapter. Prior
20 to housing any proposed prisoner in the private prison facility, all
21 records in the possession of, or available to, the sending entity, includ-
22 ing, but not limited to, classification, medical information, conduct and
23 confinement history of the prisoner shall be provided to the department of
24 correction for review and the department shall have the authority to
25 approve or reject housing of the prisoner based on standards as set forth
26 pursuant to this chapter. Provided however, that in lieu of providing the
27 department of correction with medical information of a prisoner, a sending
28 entity may elect to certify, by a physician licensed in this state and
29 employed by, or under contract with, the private prison facility, that the
30 prisoner under consideration for placement in the facility has been
31 tested, and has not tested positive, for the presence of HIV antibodies or
32 antigens, hepatitis B virus, hepatitis C virus and tuberculosis;
33 (l) A requirement that the private prison contractor, prior to housing
34 any out-of-state prisoner in the private prison facility under the con-
35 tract, enter into an agreement with the local contracting governmental
36 entity that sets forth a conversion plan that will be followed if, for any
37 reason, the facility is closed or ceases to operate. The conversion plan
38 shall provide, in part, that the private prison contractor shall be
39 responsible for housing and providing for the transportation of the pris-
40 oners who are in the facility at the time it is closed or ceases to oper-
41 ate and for the cost of such housing and transporting of those prisoners;
42 (m) A requirement that the private prison contractor conform to applica-
43 ble standards, and obtain accreditation from, the American correctional
44 association and the national commission on correction health care;
45 (n) A requirement that the private prison contractor indemnify and hold
46 harmless the state, its officers, agents and employees and any local gov-
47 ernmental entity in the state with jurisdiction over the place at which
48 the private prison facility is located or that owns the private prison
49 facility, and shall reimburse the state or local governmental entity for
50 costs incurred defending the state or local governmental entity or any of
51 its officers, agents or employees against all claims including the follow-
52 ing:
53 (i) Any claims or losses for services rendered by the contractor,
54 its officers, agents or employees, performing or supplying services
55 in connection with the performance of the contract;
8
1 (ii) Any failure of the contractor, its officers, agents or employ-
2 ees to adhere to the laws, rules, regulations or terms agreed to in
3 the contract;
4 (iii) Any constitutional, federal, state or civil rights claim
5 brought against the governmental entity related to the facility oper-
6 ated and managed by the contractor;
7 (iv) Any claims, losses, demands or causes of action arising out of
8 the activities in this state of the contractor, its officers, agents
9 or employees;
10 (v) Any attorney's fees or court costs arising from any habeas cor-
11 pus actions or other prisoner suits that may arise from any event
12 that occurred at the facility or was a result of such an event, or
13 arise over the conditions, management or operation of the facility,
14 which fees and costs shall include, but not be limited to, attorney's
15 fees for the governmental entity's representation and for any court-
16 appointed representation of any prisoner.
17 (o) A clear statement that provisions set forth within this chapter do
18 not affect any immunity or defense that the state and its officers and
19 employees or a contracting authority and its officers and employees may be
20 entitled to under another section of the Idaho Code, including, but not
21 limited to chapter 9, title 6, Idaho Code;
22 (p) A clear statement that no immunity from liability granted to the
23 state, and no immunity from liability granted to political subdivisions
24 pursuant to chapter 9, title 6, Idaho Code, shall extend to the private
25 prison contractor or any of the private prison contractor's employees;
26 (q) A requirement that the private prison contractor and its personnel
27 comply with the provisions of this chapter, all laws of the state of
28 Idaho, and all ordinances, policies and procedures of the contracting
29 authority;
30 (r) A requirement that any ambiguities in the contract shall be construed
31 against the private prison contractor and in favor of the contracting
32 authority.
33 (3) Contracts awarded under the provisions of this section shall, at a
34 minimum, comply with the following:
35 (a) Provide for internal and perimeter security to protect the public,
36 employees and inmates prisoners;
37 (b) Provide that the private prison contractor shall not benefit finan-
38 cially from the labor of inmates prisoners nor shall any inmate prisoner
39 ever be placed in a position of authority over another inmate prisoner.
40 Any profits realized from the operation of a prison enterprise program
41 shall revert to the contracting authority;
42 (c) Provide that the private prison contractor shall iImpose discipline
43 on inmates prisoners only in accordance with applicable rules, policies
44 and procedures satisfying constitutional minimums, state and federal laws
45 and applicable court orders;
46 (d) Require that the private prison contractor pProvide proper food,
47 clothing, housing and medical care as provided for in the contract. The
48 governmental entity contracting with the private prison contractor shall
49 not be responsible for any costs associated with the medical care of pris-
50 oners in the custody of the private prison contractor.
51 (4) The contracting authority or its designee, as provided in the con-
52 tract, shall monitor the performance of the private prison contractor.
53 Included in the powers and responsibilities of the contracting authority or
54 its designee, when acting as the contract monitor of the private prison con-
55 tract are:
9
1 (a) A determination if the requirements of the contract are being satis-
2 factorily performed;
3 (b) A determination whether the private prison contractor and its person-
4 nel are complying with the provisions of this chapter, all laws of the
5 state of Idaho and any ordinances or written policies and procedures of
6 the county or city governing the private prison facility;
7 (c) A determination if applicable ordinances, written policies and proce-
8 dures of the contracting authority are being followed by the private
9 prison contractor and its personnel;
10 (d) A determination whether the facility is being operated in a manner
11 which adequately safeguards and protects the safety of the public;
12 (e) Approval of all inmate prisoner releases on furlough or work release;
13 (f) The enactment of ordinances or the adoption of written policies or
14 procedures interpreting or making specific application of the provisions
15 of this section chapter.
16 SECTION 5. That Section 20-806, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 20-806. PRIVATE PRISON FACILITIES -- REQUIREMENTS -- LICENSING. A private
19 prison contractor operating that has contracted for the location or operation
20 of a private prison facility within a county or a city of this state shall
21 comply with the following requirements:
22 (1) An individual, corporation, partnership, association, or other pri-
23 vate organization or entity may not operate a private prison facility in this
24 state unless licensed by the department of correction. The board of correction
25 shall have the power and it shall be its duty to promulgate rules necessary to
26 implement and enforce standards for the licensing and operation of private
27 prison facilities as set forth pursuant to this chapter. Applications for
28 licenses shall be made on forms provided by the department of correction and
29 accompanied by the required license fee. Licenses for the operation of private
30 prisons shall be nontransferable. A license may be revoked if the facility
31 fails to meet the standards and provisions of this chapter. All final deci-
32 sions by the board shall be subject to review pursuant to the provisions and
33 procedures of the administrative procedure act, chapter 52, title 67, Idaho
34 Code;
35 (2) The facility shall meet correctional standards satisfying constitu-
36 tional minimums, state and federal laws and applicable court orders;
37 (23) If the private prison facility is located on land owned by the
38 county or the city or other publicly owned land which is not subject to real
39 property taxes, the county or the city, if the facility is located within the
40 limits of the city, may require the private prison contractor to pay fees to
41 the county or the city in lieu of property taxes, as compensation for the
42 costs to the county or the city of regulating, monitoring and providing ser-
43 vices to the facility;
44 (34) The facility must provide internal and perimeter security to protect
45 the public, employees and inmates prisoners;
46 (45) The private prison contractor shall impose discipline on inmates
47 prisoners only as permitted by correctional standards satisfying constitu-
48 tional minimums, state and federal laws, and applicable court orders;
49 (56) The private prison contractor shall provide inmates prisoners with
50 proper food, clothing, housing and medical care in accordance with constitu-
51 tional minimums, state and federal laws, and applicable court orders. The pri-
52 vate prison contractor shall require that anyone providing professional ser-
53 vices to prisoners shall be licensed as provided by the state of Idaho if the
10
1 professional would be required to be licensed in the state of Idaho to provide
2 services to the general public;
3 (7) The private prison contractor shall allow access to the facility at
4 all times and cooperate with all state and local authorities and their desig-
5 nees in the performance of their duties pursuant to section 20-805(4), Idaho
6 Code, and section 20-808, Idaho Code.
7 SECTION 6. That Section 20-807, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 20-807. OUT-OF-STATE INMATES PRISONERS. (1) A board of county commission-
10 ers may authorize a private prison contractor operating a private prison
11 facility within the county and the governing body of a city may authorize a
12 private prison contractor operating a private prison facility within the city
13 to house specific minimum to medium security inmates prisoners convicted of
14 offenses committed against the laws of a governmental entity other than the
15 state of Idaho or its political subdivisions pursuant to contract with the
16 private prison contractor and subject to the review and approval of the pris-
17 oners by the department of correction. Provided however, that in no event
18 shall a board of county commissioners or the governing body of a city autho-
19 rize, nor shall the department of correction approve, housing of any maximum
20 or close custody prisoners, inmates imprisoned for sexual offenses or pris-
21 oners with a history or record of institutional violence involving the use of
22 a deadly weapon, a history or record of committing any act of an assaultive
23 nature that would qualify as a felony under the laws of the state of Idaho
24 against any prisoner, employee or visitor while confined, or a history or
25 record of escape or attempted escape from secure custody.
26 (2) Out-of-state inmates prisoners may be housed in a private prison
27 facility only if the following requirements are met:
28 (a) The custody level capacity and availability in the private prison
29 facility is adequate to house the inmates prisoners;
30 (b) The private prison contractor and the board of county commissioners
31 or the governing body of the city, in cooperation with state and local law
32 enforcement agencies, and other appropriate governmental entities and
33 agencies, have developed a written plan explaining the procedure to be
34 used to coordinate law enforcement and other necessary activities in
35 response to any riot, rebellion, escape or other emergency situation
36 occurring in or on the grounds of, or otherwise in connection with, the
37 facility.;
38 (c) The private prison facility satisfies meets standards for the care,
39 custody, treatment and control of inmates prisoners which comply with con-
40 stitutional minimums, state and federal laws and applicable court orders
41 and any additional standards required by the county or the city;
42 (d) Each inmate prisoner to be paroled or released from custody must be
43 transported and released by the private prison contractor or its agent in
44 the sending governmental entity's jurisdiction;
45 (e) Before transferring the inmate prisoner to Idaho, the receiving
46 facility private prison contractor shall review: obtain prior approval of
47 the department of correction pursuant to the provisions of this chapter.
48 Prior to housing any proposed prisoner in the private prison facility, all
49 records in the possession of, or available to, the sending entity includ-
50 ing, but not limited to, classification, medical information, conduct and
51 confinement history of the prisoner shall be provided to the department of
52 correction for review and the department shall have the authority to
53 approve or reject housing of the prisoner based on standards as set forth
11
1 pursuant to this chapter. Provided however, that in lieu of providing med-
2 ical information of a prisoner, a sending entity may elect to certify, by
3 a physician licensed in this state and employed by, or under contract
4 with, the private prison facility, that the prisoner under consideration
5 for placement in the facility has been tested, and has not tested posi-
6 tive, for the presence of HIV antibodies or antigens, hepatitis B virus,
7 hepatitis C virus and tuberculosis;
8 (i) All records concerning the sending governmental entity's clas-
9 sification of the inmate, including records relating to the inmate's
10 conduct while confined in the sending governmental entity; and
11 (ii) Appropriate medical information concerning the inmate, includ-
12 ing certification of tuberculosis screening or treatment and certifi-
13 cation that the inmate has undergone HIV testing with negative
14 results.
15 (f) The sending governmental entity will not transfer and the receiving
16 facility private prison contractor will not accept an inmate prisoner who
17 has a history or record of institutional violence involving the use of a
18 deadly weapon, or a pattern history or record of violence committing any
19 act of an assaultive nature that would qualify as a felony under the laws
20 of the state of Idaho against any prisoner, employee or visitor while con-
21 fined in a facility within the sending governmental entity's jurisdiction
22 or a history or record of escape or attempted escape from secure custody;
23 (g) The receiving facility private prison contractor will determine the
24 inmate's prisoner's custody level in order to ensure that the custody
25 level assignments for the facility as a whole are compatible with the con-
26 struction security level availability in the facility. If it is deter-
27 mined by the county or the city or the private prison contractor that the
28 inmate prisoner poses a substantial risk to the community, prison popula-
29 tion or staff or should be classified as maximum security or close
30 custody, the inmate prisoner will be returned to the sending governmental
31 entity; and.
32 (3) The private prison contractor shall reimburse costs as specified in
33 section 20-809, Idaho Code.
34 (4) Neither this section nor any other provision of this chapter shall be
35 construed to authorize the release of an out-of-state inmate prisoner confined
36 in a private prison facility on work release, furlough or other release from
37 the facility except as provided in any contract authorized in this chapter or
38 with the express written approval of the board of county commissioners of the
39 county in which the facility is located or the governing body of the city in
40 which the facility is located, or as provided by county or city ordinance.
41 (54) The provisions of this section shall not be construed as a limita-
42 tion upon the authority of the state of Idaho, a county or a city of this
43 state to incarcerate, detain or place a person convicted of an offense com-
44 mitted against the laws of the United States, a territory of the United
45 States, another state or a political subdivision thereof in a correctional
46 facility, county jail or other governmental detention facility in this state
47 pursuant to the laws of the United States, the state of Idaho or other appli-
48 cable law.
49 SECTION 7. That Section 20-808, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 20-808. MONITORING PRIVATE PRISONS. In addition to and without limiting
52 the authority provided in this chapter or by contract entered into pursuant to
53 section 20-805, Idaho Code, or as provided by other applicable law, the board
12
1 of county commissioners, the county sheriff, the prosecuting attorney or the
2 authorized agents and employees of a county in which a private prison facility
3 is located and the governing board of a city, the city attorney, law enforce-
4 ment personnel of the city and other authorized agents and employees of the
5 city in which a private prison facility is located, shall be authorized to
6 monitor the facility and to enter the facility and the grounds thereof for the
7 following purposes:
8 (1) To determine if the private prison contractor, its personnel and the
9 private prison facility are in compliance with the provisions of this chapter,
10 all laws of the state of Idaho and any ordinances or written policies and pro-
11 cedures of the county or city governing the private prison facility;
12 (2) To investigate any criminal conduct which has occurred, is occurring
13 or is alleged to have occurred in or on the grounds of, or otherwise in con-
14 nection with, the facility;
15 (3) To determine whether the facility is being operated in a manner which
16 adequately safeguards and protects the safety of the public;
17 (4) To review prisoner security or custody classifications to determine
18 whether any classifications need to be revised.
19 SECTION 8. That Section 20-809, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 20-809. RIOT, REBELLION, ESCAPE, CRIME OR EMERGENCY SITUATION -- NOTICE
22 -- REIMBURSEMENT FOR COSTS. (1) The private prison contractor, its officers,
23 guards, employees, and agents shall immediately notify the county sheriff and,
24 if the facility is located within the limits of a city, the city law enforce-
25 ment agency, along with any other law enforcement or other governmental enti-
26 ties, agencies or personnel which the county or the city may require to be
27 informed, of any riot, rebellion, escape, crime or other emergency situation
28 occurring at inside or outside the facility.
29 (2) In the event of an escape by an inmate prisoner from a private prison
30 facility to which this chapter applies, the private prison contractor must
31 contact the county sheriff and, if the facility is located within the limits
32 of a city, the city law enforcement agency, and any other governmental enti-
33 ties or agencies which the county or city may require to be informed, upon
34 receiving knowledge of the escape, but may attempt to apprehend the inmate
35 prisoner while the search or pursuit is on the private prison contractor's
36 private property. In the event that the escaping inmate prisoner flees from
37 the private prison contractor's private property, the sheriff of the county,
38 in cooperation with city law enforcement as appropriate, shall organize and
39 have jurisdiction over the pursuit and apprehension of the inmate prisoner.
40 (3) A private prison contractor shall reimburse an Idaho governmental
41 entity entities for costs incurred by the entity entities in responding to any
42 riot, rebellion, escape, crime or other emergency situation occurring at in or
43 on the grounds of, or otherwise in connection with, the facility. The private
44 prison contractor shall also reimburse an Idaho governmental entity entities
45 for costs incurred by the entity entities with respect to the investigation,
46 prosecution, detention or appellate litigation, without regard to whether con-
47 viction is obtained, of an inmate prisoner charged with a crime resulting from
48 a riot, rebellion, escape or other criminal conduct. committed within the pri-
49 vate facility.
50 (4) If a prisoner commits a criminal offense while confined in a private
51 prison facility in this state and is convicted of or pleads guilty to that
52 offense and is sentenced to a term of confinement for that offense but is not
53 sentenced to death for that offense, the prisoner shall be returned to the
13
1 out-of-state jurisdiction or the out-of-state jurisdiction's private contrac-
2 tor for confinement. The prisoner shall not begin serving the term of confine-
3 ment imposed for the offense committed while confined in this state until such
4 time as the prisoner is released from the custody of the out-of-state juris-
5 diction. The private prison contractor or its agent will transport the pris-
6 oner, or cause the prisoner to be transported, to the out-of-state jurisdic-
7 tion. If the prisoner is confined in this state in a facility operated by, or
8 pursuant to a state contract with, the department of correction for any period
9 of time prior to transfer back to the out-of-state jurisdiction, the private
10 contractor will be financially responsible for reimbursing the department at
11 the per diem cost of confinement for the duration of that incarceration. Not-
12 withstanding the provisions of this subsection, any sentence imposed against a
13 prisoner by a court in the state of Idaho may be imposed to run concurrently
14 with any sentence already being served by the prisoner.
15 SECTION 9. That Section 20-812, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 20-812. ENFORCEMENT -- AVAILABLE REMEDIES -- CIVIL PENALTY. (1) The
18 county prosecuting attorney shall have authority to enforce the provisions of
19 this chapter, and any county ordinances enacted, or written policies or proce-
20 dures adopted by the county with respect to the operation of a private prison
21 facility in the county, or any contract entered into between a board of county
22 commissioners and a private prison contractor by civil action and may seek all
23 available civil remedies including injunction. If the prosecuting attorney
24 prevails in the action, the private prison contractor shall be liable to the
25 county for attorney's fees and costs of suit. The action shall be brought in
26 the district court of the county in which the private prison facility is
27 located or is proposed to be located.
28 (2) The city attorney shall have authority to enforce the provisions of
29 this chapter, and any city ordinances enacted or written policies or proce-
30 dures adopted by the governing body of the city with respect to the operation
31 of a private prison facility within the city, or any contract entered into
32 between the governing body of a city and a private prison contractor by civil
33 action and he may seek all available civil remedies including injunction. If
34 the city attorney prevails in the action, the private prison contractor shall
35 be liable for attorney's fees and costs of suit. The action shall be brought
36 in the district court of the county in which the private prison facility is
37 located or is proposed to be located.
38 (3) In addition to any other remedies, a private prison contractor con-
39 structing, renovating or operating a private prison facility in this state in
40 violation of the provisions of this chapter, or any ordinances enacted or
41 written policies or procedures adopted by a county or city governing the con-
42 struction, renovation or operation of a private prison facility, or a contract
43 entered into pursuant to this chapter shall be subject to a civil penalty in
44 an amount not to exceed five thousand dollars ($5,000) for each separate
45 violation or for each day of a continuing violation.
46 SECTION 10. That Section 6-904B, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 6-904B. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and
49 its employees while acting within the course and scope of their employment and
50 without malice or criminal intent and without gross negligence or reckless,
51 willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not
14
1 be liable for any claim which:
2 1. Arises out of the detention of any goods or merchandise by any law
3 enforcement officer.
4 2. Arises out of the cancellation or rescission, or the failure to cancel
5 or rescind, any motor vehicle registration and license plates for failure of
6 the owner to verify or maintain motor vehicle liability insurance coverage.
7 3. Arises out of the issuance, denial, suspension or revocation of, or
8 failure or refusal to issue, deny, suspend, or revoke a permit, license, cer-
9 tificate, approval, order or similar authorization.
10 4. Arises out of the failure to make an inspection, or the making of an
11 inadequate inspection of any property, real or personal, other than the prop-
12 erty of the governmental entity performing the inspection.
13 5. Arises out of any act or omission providing or failing to provide med-
14 ical care to a prisoner, inmate or person in the custody of any city, county
15 or state jail, detention center or correctional facility.
16 6. Arises out of a decision of the state commission of pardons and parole
17 or its executive director when carrying out the business of the commission.
18 7. Arises out of a decision, act or omission of a city, county, the Idaho
19 board of correction or Idaho department of correction when carrying out duties
20 and responsibilities as set forth in chapter 8, title 20, Idaho Code.
21 SECTION 11. That Section 18-2507, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 18-2507. EXPENSE OF PROSECUTION -- HOW PAID. Whenever a person is prose-
24 cuted under any of the provisions of section 18-2505, Idaho Code, and whenever
25 a prisoner in the custody of the board of correction housed in a state correc-
26 tional facility, as defined in section 18-101A, Idaho Code, shall be prose-
27 cuted for any crime committed therein, the clerk of the district court shall
28 make out a statement of all the costs incurred by the county for the prosecu-
29 tion of such case, and for the guarding and keeping of such prisoner, and when
30 certified by the judge who tried the case, such statement shall be audited by
31 the board of examiners. If approved, the board of examiners shall submit the
32 claim, with a request for an appropriation, to the legislature at its first
33 session after the rendition of such claim. If the legislature appropriates
34 funds for such claim, the amount shall be paid by the board of examiners to
35 the treasurer of the county where the trial was had. The provisions of this
36 section shall apply to prosecution of a prisoner in the custody of the board
37 of correction and housed in a private correctional facility unless otherwise
38 provided for in any contract between the state of Idaho and the private prison
39 contractor entered into pursuant to chapter 2, title 20, Idaho Code.
40 Costs of prosecution of out-of-state all other prisoners housed in a pri-
41 vate correctional facility shall be recoverable from the private prison con-
42 tractor, as provided in section 20-809, Idaho Code.
43 SECTION 12. That Section 20-209, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 20-209. CONTROL AND MANAGEMENT OF CORRECTIONAL FACILITIES AND INMATES
46 PRISONERS -- RULES. (1) The state board of correction shall have the control,
47 direction and management of such correctional facilities as may be acquired
48 for use by the state board of correction and all property owned or used in
49 connection therewith, and shall provide for the care, maintenance and employ-
50 ment of all inmates prisoners now or hereinafter committed to its custody.
51 (2) The state board of correction shall have the authority to enter into
15
1 contracts with private prison contractors for the site selection, design,
2 design/building, acquisition, construction, construction management, mainte-
3 nance, leasing, leasing/purchasing, management or operation of private prison
4 facilities or any combination of those services subject to the requirements
5 and limitations set forth in section 20-241A, Idaho Code.
6 (3) The state board of correction shall have the authority to promulgate
7 rules required by law or necessary or desirable to carry out all duties
8 assigned to the department of correction pursuant to the provisions of chapter
9 8, title 20, Idaho Code, which authority shall include the power and duties to
10 prescribe standards, rules and procedures for licensure of private prison con-
11 tractors, to develop and provide, in conjunction with the department of admin-
12 istration, a uniform contract for use by local contracting authorities in con-
13 tracting with private prison contractors, to review records and historical
14 information of all prisoners proposed to be housed in private prison facili-
15 ties and to approve or reject the housing of all prisoners, to monitor the
16 status of insurance of private prison contractors, to approve suitable train-
17 ing programs for firearm certification for employees of private prison con-
18 tractors and to approve suitable drug testing programs for prisoners housed
19 with private prison contractors. All final decisions by the board shall be
20 subject to review pursuant to the provisions and procedures of the administra-
21 tive procedure act, chapter 52, title 67, Idaho Code.
22 (4) The state board of correction is authorized to provide medical and
23 counseling services to those inmates prisoners who have been exposed to the
24 HIV (human immunodeficiency virus) which causes acquired immunodeficiency syn-
25 drome (AIDS) or who have been diagnosed as having contracted a human
26 immunodeficiency viral disease.
27 (45) The state board of correction should provide educational and infor-
28 mational services to inmates prisoners housed in Idaho and to its department
29 employees in order to assure that the transmission of HIV within correctional
30 facilities is diminished.
31 SECTION 13. That Section 20-212, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 20-212. RULES -- AUTHORITY OF BOARD. (1) The state board of correction
34 shall make all necessary rules to carry out the provisions of this chapter not
35 inconsistent with express statutes or the state constitution and to carry out
36 those duties assigned to the department of correction pursuant to the provi-
37 sions of chapter 8, title 20, Idaho Code. The board shall fix the time and
38 place of meetings, the order of business, the form of records to be kept, the
39 reports to be made, and all other rules necessary to the efficient management
40 and control of the state penitentiary and all properties used in connection
41 therewith. All rules of the board shall be subject to review of the legisla-
42 ture pursuant to sections 67-454, 67-5291 and 67-5292, Idaho Code, but no
43 other provisions of chapter 52, title 67, Idaho Code, shall apply to the
44 board, except as otherwise specifically provided by statute. When making rules
45 required by this section, the board or the department shall submit the rules
46 to the office of the state administrative rules coordinator, in a format suit-
47 able to the office of the state administrative rules coordinator as provided
48 in section 67-5202, Idaho Code, and the board or department shall pay all the
49 fees provided in section 67-5205, Idaho Code. The office of the state adminis-
50 trative rules coordinator is authorized and shall publish the board or
51 department's rules in the administrative bulletin. Additionally, whenever the
52 board or department desires to amend, modify or repeal any of its rules, it
53 shall follow the procedure provided in this section. All rules, or the amend-
16
1 ment or repeal of rules shall be effective thirty (30) days after the date of
2 publication by the office of the administrative rules coordinator. If the
3 board determines that the rules need to be effective at a sooner date, they
4 shall issue a proclamation indicating that the public health, safety and wel-
5 fare is in jeopardy and, if the governor agrees, the rules shall be effective
6 upon the governor signing the proclamation.
7 (2) "Rule" as used in this section means the whole or a part of the board
8 of correction or department of correction's statement of general applicability
9 that has been promulgated in compliance with the provisions of this section
10 and that implements, interprets or prescribes:
11 (a) Law or policy; or
12 (b) The procedure or practice requirements of the board or department.
13 The term includes the amendment, repeal, or suspension of an existing
14 rule, but does not include:
15 (i) Statements concerning only the internal management or internal
16 personnel policies of an agency and not affecting private rights of
17 the public or procedures available to the public; or
18 (ii) Declaratory rulings issued pursuant to statute or the board's
19 rules; or
20 (iii) Intra-department memoranda; or
21 (iv) Any written statements given by the department or board which
22 pertain to an interpretation of a rule or to the documentation of
23 compliance with a rule.
24 (3) At the same time that the proclamation of rulemaking is filed with
25 the coordinator, the board or department shall provide the same notice, accom-
26 panied by the full text of the rule under consideration in legislative format,
27 as well as a statement of the substance of the intended action, to the direc-
28 tor of legislative services. If the rulemaking is based upon a requirement of
29 federal law or regulation, a copy of that specific federal law or regulation
30 shall accompany the submission to the director of legislative services. The
31 director of legislative services shall analyze and refer the material under
32 consideration to the germane joint subcommittee created in section 67-454,
33 Idaho Code.
34 (4) The board or department shall prepare and deliver to the germane
35 joint subcommittee a statement of economic impact with respect to a rule if
36 the germane joint subcommittee files a written request with the board or
37 department for such a statement. The statement shall contain an evaluation of
38 the costs and benefits of the rule, including any health, safety, or welfare
39 costs and benefits. The adequacy of the contents of the statement of economic
40 impact is not subject to judicial review.
STATEMENT OF PURPOSE
RS 10964
This legislation provides Idaho supervision and licensing of
private prisons should they choose to build in Idaho.
This legislation includes (1) cost recovery in the event of
prosecutions in Idaho for out of state prisoners; (2) cost recovery
in the event of the local delivery of health care; (3) insures
adequate funding to reimburse Idaho and its political subdivisions
for prison location and service delivery: (4) provides notification
of local police authorities when transporting prisoners throughout
their jurisdiction; (5) ensures employment of qualified personnel
for the safekeeping of prisoners and delivery of professional
services; (6) creates liability to State of Idaho and its political
subdivisions for costs that it may incur as a result of breach in
the delivery of such services; (7) determines the type of prisoner
that may be housed in Idaho; and (8) provides sentencing methods of
such prisoners that commit crimes while in Idaho.
The legislation does not apply to juvenile correctional facilities
or drug treatment facilities.
FISCAL IMPACT
It is projected that the fiscal impact will be the cost of rule
promulgation. It is anticipated that such cost will be in an
estimated amount of $50,000.
Other unliquidated fiscal impacts will only occur in the event that
other private prisons are built. If such are built, then
additional costs associated with licensing, inspection, and
enforcement may be incurred.
Contact:
Name: Senator Bart M. Davis
Phone: (208) 332-1339
Representative Tom Moss
(208) 332-1231
STATEMENT OF PURPOSE/FISCAL NOTE S 1120