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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE CONCURRENT RESOLUTION NO. 124 BY JUDICIARY AND RULES COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEASE-PURCHASE OF THE 3 CORRECTIONAL ALTERNATIVE PLACEMENT PROGRAM FACILITY BY THE BOARD OF COR- 4 RECTION AND DIVISION OF PUBLIC WORKS. 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. 2 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.