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(Parenthesis ( ) Indicate Expenditure Decreases)

(Parenthesis ( ) Indicate Revenue Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SUMMARY

Synopsis of Bill

SB21 would impose several requirements on all privately operated corrections facilities within the state and all county operated correction facilities within the state. The requirements of the bill are essentially the same for all of these facilities; however, these requirements are slightly different depending upon whether the facility does or does not have a contract with the Corrections Department to house Corrections Department inmates. Unless otherwise stated, the following provisions of the bill are required of both categories of facilities.

First, the bill requires the contractor, the privately operated facility, or the county operated facility to provide the Secretary of Corrections, the Secretary of Public Safety, and the County Sheriff for the County in which the corrections facility is located with the following information, which shall be kept confidential, regarding an out of state inmate, including a federal inmate, who is incarcerated in the facility for more than 120 days:

1. The state or territory of the United States or the Country in which the inmate was convicted;

2. Criminal offense for which the inmate was convicted; and

3. The original classification level of the inmate.

The bill also requires that the operators of these facilities prepare a written emergency response plan for the corrections facility, and provide copies of the emergency response plan to the Secretary of Corrections, the Secretary of Public Safety, the County Sheriff for the County in which the corrections facility is located and the governing bodies for the municipality and county in which the corrections facility is located. In the case of a contractor that houses inmates on behalf of the Corrections Department, the emergency response plan is subject to the consultation and final approval by the Secretary of Corrections.

The bill also requires that the operators of these facilities immediately notify the Secretary of Corrections, the Secretary of Public Safety and the County Sheriff or the County in which the facility is located when an inmate escapes from the facility, when a hostage situation occurs at the facility, when a firearm is discharged at the facility or when a disturbance involving 5 or more inmates occurs at the facility.

The bill also imposes upon these operators certain training requirements of correctional officers who are employed at these facilities. Those operators who have a contract with the Corrections Department for the housing of Department inmates are required to have all prospective correctional officers successfully complete, as a minimum, a training program with the same standards as the training program that is required of correctional officers who are employed at Department operated facilities; and to participate in the same program that is required of the Departments correctional officers. It also requires the contractor to reimburse the state for expense of having their prospective correctional officers participate in the training program. Those entities which have correctional facilities that are county operated or privately operated, but which do not have a contract with the Corrections Department, must require all prospective correctional officers to successfully complete, as a minimum, a training program with the same standards as the training program that is required for correctional officers employed at Department facilities.

Significant Issues

The Corrections Department reports, although the bill requires the privately operated or county operated facility to provide certain information to the Secretary of Corrections regarding out-of-state inmates, there is little if anything the Secretary can effectively do with such information. For example, if the facility begins to house extremely dangerous inmates, SB21 does not provide the Secretary of Corrections with any authority to prohibit or place any limitations upon the housing of such inmates. On a related matter, classification criteria varies from state to state and from system to system and therefore, knowing the classification level of an inmate from a different system may be somewhat misleading.

Similarly, SB2l requires the privately operated and county operated facilities to provide notice to the Secretary of Corrections when an inmate escapes from the facility, when a hostage situation occurs at the facility, when a firearm is discharged at the facility or when a disturbance involving five or more inmates occurs at the facility. It is not clear what action the Secretary of Corrections is supposed to take upon receipt of such notification. For example, is the Secretary of Corrections expected to respond with Department Emergency Response Teams to a hostage situation?

FISCAL IMPLICATIONS

The Corrections Department reports there is no appropriation in the bill to cover the minimal to moderate increase in costs to the Department that will result from the required oversight. The bill requires the private contractor to reimburse the state for the expense of having their correctional officers trained at the Departments training academy. SB21 does not require the private operators or county operators to reimburse the Corrections Department for the costs of reviewing their emergency response plans or the information regarding out-of-state inmates. Perhaps, most importantly, the bill does not require the privately operated facility or county operated facility to reimburse the Department for responding to a disturbance or escape at the facility. Although the bill does not explicitly require the Department to respond to a disturbance at these correctional facilities, such a response may be implied by the provision of the bill, which requires the operator to notify the Secretary of Corrections of such a disturbance.

ADMINISTRATIVE IMPLICATIONS

The Corrections Department reports, in both the short term and the long term, this bill will result in a minor increase in the administrative burden upon Department staff who will be required to review emergency plans as well as the classification level and other information regarding inmates from out of state.

Also, SB21 may result in a significant increase in the administrative burden upon Department personnel if the Department is required to respond to disturbances, hostage situations and escapes from privately operated and county operated facilities.

TECHNICAL ISSUES

Corrections Department reports, SB 21 may not be germane.

OTHER SUBSTANTIVE ISSUES

The Corrections Department reports, if the Secretary of Corrections is required to review the classification level and other information regarding out-of-state inmates, perhaps the Secretary of Corrections should be given some meaningful ability to either prohibit the housing of certain inmates in those facilities or to place some restrictions their housing.

LAT/njw