2008 Legislation
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SENATE CONCURRENT RESOLUTION NO. 124<br /> – Correctn alternative placement prog


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SCR124...............................................by JUDICIARY AND RULES
BOARD OF CORRECTION - Stating findings of the Legislature and authorizing
the lease-purchase of the Correctional Alternative Placement Program (CAPP)
facility by the Board of Correction and the Division of Public Works.

01/28    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to 10th Ord
01/31    10th Ord - ADOPTED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsor - Hill
    Title apvd - to House
02/01    House intro - 1st rdg - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/14    3rd rdg - ADOPTED - 62-5-3
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Block, Boe,
      Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henderson,
      Jaquet, Killen, King, Kren, LeFavour, Loertscher, Luker, Marriott,
      Mathews, McGeachin, Mortimer, Moyle, Nonini, Pasley-Stuart, Patrick,
      Pence, Raybould, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler,
      Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30),
      Smith(24), Snodgrass, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(27), Wood(35), Mr. Speaker
      NAYS -- Barrett, Bock, Henbest, Labrador, Lake
      Absent and excused -- Black, Nielsen, Stevenson
    Floor Sponsor - Clark
    Title apvd - To Senate
02/15    To enrol
02/18    Rpt enrol - Pres signed
02/19    Sp signed
02/20    To Secretary of State

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                            SENATE CONCURRENT RESOLUTION NO. 124

                              BY JUDICIARY AND RULES COMMITTEE

  1                               A CONCURRENT RESOLUTION

  5    Be It Resolved by the Legislature of the State of Idaho:

  6        WHEREAS, Section 20-209(1), Idaho Code, provides that the State  Board  of
  7    Correction shall provide for the care, maintenance and employment of all pris-
  8    oners now or hereinafter committed to its custody; and
  9        WHEREAS,  Section  20-209(2), Idaho Code, provides that the State Board of
 10    Correction has authority to enter into contracts with private prison  contrac-
 11    tors  for the construction and operation of a private prison facility to house
 12    Idaho prisoners; and
 13        WHEREAS, Section 20-241A(1), Idaho Code, provides that the State Board  of
 14    Correction  may enter into contracts, including lease-purchase contracts, with
 15    private prison contractors to provide programs for the reformation,  rehabili-
 16    tation and treatment of prisoners; and
 17        WHEREAS, the Correctional Alternative Placement Program (CAPP) is a facil-
 18    ity  designed  to provide four hundred beds for Idaho prisoners, parole viola-
 19    tors and retained jurisdiction offenders for purposes of  programming,  treat-
 20    ment, diversion and reentry; and
 21        WHEREAS,  the  Legislature  has previously expressed its commitment to the
 22    CAPP and wishes that the implementation of CAPP proceed without delay; and
 23        WHEREAS, Section 67-5708, Idaho Code, provides that the  Administrator  of
 24    the  Division  of  Public  Works of the Department of Administration may enter
 25    into a lease-purchase or other time-purchase agreement with a  party  for  the
 26    purchase  of a facility where the Legislature has authorized such an agreement
 27    and has set a maximum cost thereof; and
 28        WHEREAS, the State Board of Correction and Division of Public Works, after
 29    a competitive solicitation, have identified  a  vendor  capable  of  building,
 30    leasing  and  operating a CAPP facility in Ada County, Idaho, and are prepared
 31    to enter into an agreement with Management and Training  Corporation  and  MTC
 32    Corrections Holding, LLC for the lease-purchase of the CAPP facility; and
 33        WHEREAS,  the  lease-purchase agreement will give the state control of the
 34    facility and will also give the state  ownership  of  the  real  property  and
 35    facility at the end of a twenty year lease-purchase period; and
 36        WHEREAS,  the lease-purchase agreement will reduce the annual costs to the
 37    state by $433,000 per year, as compared to the cost of a straight lease of the
 38    facility, due to favorable financing options available to the vendor and  fed-
 39    eral  tax provisions and will provide the state with a total cost avoidance of
 40    $8,660,000 over the  twenty  year  lease-purchase  period  as  compared  to  a
 41    straight lease; and
 42        WHEREAS,  the  annual  payments  under the lease-purchase agreement as set
 43    forth in the Lease Payment Schedule shall be $2,338,774 in year one  and  will
 44    gradually rise to $2,750,690 in year twenty.


  1        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
  2    sion of the Fifty-ninth Idaho Legislature, the Senate and the House of  Repre-
  3    sentatives concurring therein, that the State Board of Correction and Division
  4    of  Public  Works  may  enter  into  the lease-purchase agreement for the CAPP
  5    facility with Management and Training Corporation and MTC Corrections Holding,
  6    LLC,  for a maximum cost of $50,416,857 over the twenty  year  period  of  the
  7    lease-purchase agreement.
  8        BE  IT  FURTHER RESOLVED that adoption of this Concurrent Resolution shall
  9    constitute the necessary  approval required by Section 67-5708, Idaho Code.