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REFERENCE TITLE: private prisons; regulation |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2281 |
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Introduced by Representatives Alston, Cardenas: Gonzales
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AN ACT
AMENDING SECTIONS 41-1682, 41-1683 AND 41-1830.31, ARIZONA REVISED STATUTES; RELATING TO PRIVATE PRISONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1682, Arizona Revised Statutes, is amended to read:
41-1682. Private prisons; operation; capacity; notice of major incidents; civil penalties; liability for services; financial responsibility; security officer qualifications
A. No private prison may
operate in this state unless the private contractor prison complies with this
section.
B. A private prison shall comply with the American corrections association accreditation capacity requirements or may adopt the state department of corrections' published prison construction standards.
C. If a major incident involving public health or safety occurs at a private prison, the private prison immediately shall notify the state department of corrections of the nature of the major incident and shall provide the state department of corrections with access to the private prison facility for the purposes of investigation and inspection. The director of the state department of corrections may notify the department of administration, the department of health services and the department of public safety of the nature of the major incident. The director of the department of administration may impose civil penalties on a private prison that fails to timely provide the notice required by this subsection. For the purposes of this subsection, "major incident" means any occurrence that:
1. Presents a threat to the prison or the health and safety of its population, staff or community, including the outbreak of an infectious or contagious disease.
2. Disrupts any utility or emergency services, and the disruption requires intervention by this state, any state agency or department or any political subdivision of this state.
B. D. A private
prison shall provide the department of administration with proof of financial responsibility
to cover this state's potential liability in the
an amount determined by the department
of not less than ten
million dollars. The monies shall be used by the state if the state or any political subdivision of
this state is held liable for civil damages resulting from the escape of a prisoner from or arising out of the operation of the private
prison. The private prison may file shall provide proof of
financial responsibility by filing one of the following:
1. Proof that not less than ten million dollars is deposited in the private prison escapee fund established by section 41‑1830.31. Monies deposited in the private prison escapee fund shall be used for the purposes of this section.
2. An insurance policy
that is executed by an insurance company authorized
to transact business in this state, that is in a form approved by
the department of administration, that provides civil liability and civil
rights liability coverage in the amount of not less than ten million dollars and listing that lists the state as an insured.
3. A surety bond with the principal sum of not less than ten million dollars executed by a surety company authorized to transact business in this state.
4. A certified financial
statement that is not more than ninety days old and that shows a net worth of
more than fifteen million dollars. Every ninety days the private
prison shall submit a certified financial statement to the department of
administration signed under oath by the chief financial officer of the prison. If
the financial statement indicates a net worth of less than fifteen million
dollars, the private prison shall comply with paragraphs paragraph 1, 2 or 3 of this
subsection.
C. An
insurance company or surety company duly authorized to transact business in
this state shall execute the insurance policy or bond prescribed in subsection
B of this section.
D. E. The insurance
policy or surety bond shall continue in effect until ninety days after the
private prison is sold or closed. Any monies deposited in the private
prison escapee fund by the private prison pursuant to this section shall be refunded to the private
prison within ninety days after submission of evidence to the director of the
department of administration that the private prison is either sold or closed
and there are no remaining liabilities for which the state might
or its political subdivisions may be required to assume responsibility.
E. F. On receipt by
the director of the department of administration of notice to cancel an
insurance policy or bond by an insurance company or surety, the director of the department of administration shall immediately notify
the private prison named on
the insurance policy or the surety bond of the effective date of cancellation
of the insurance policy or the surety bond. The private prison shall
furnish a like insurance policy or surety bond within
thirty days after mailing of the notice by the director before cancellation.
Unless a replacement insurance policy or surety bond is filed with the director
of the department of
administration, the right operation of the private prisons to operate in this state prison shall be suspended, canceled or revoked by
operation of law on the date the bond is canceled.
F. G. If any of the
monies required by subsection B, paragraph 1 D of this section are used
to satisfy civil damage claims or civil rights claims, the private prison shall
reestablish the full amount of those monies within thirty days after
notification by the director of the department of administration.
G. H. A security
officer who is employed
by a private prison contractor shall be at least twenty‑one years of age
and have no felony or
domestic violence convictions. A security officer who is subsequently convicted of a felony
or domestic violence offense may no longer be employed by the private prison.
Sec. 2. Section 41-1683, Arizona Revised Statutes, is amended to read:
41-1683. Prisoner identification; notice; civil penalties
A. Private prisons shall
maintain current photographs
and fingerprints on site of all prisoners who are incarcerated in the
facility private
prisons in this state.
B. Private prisons that house another state's prisoners or federal prisoners:
1. Shall only house prisoners who are classified as minimum or medium custody according to the state department of corrections classification procedures.
2. May not house prisoners who:
(a) Exceed the classification level for the custody level of the private prison.
(b) Have a history of escape or rioting or who have assaulted a peace officer or correctional service officer.
(c) Have been convicted or who have previously been convicted of a sexual offense.
(d) Have been convicted or who have previously been convicted of an offense that if committed in this state would be a class 1 or 2 felony.
(e) Are infected with the human immunodeficiency virus, hepatitis A, B or C or tuberculosis.
3. may not release from custody another state's prisoners in this state.
B. C. Before another state transfers prisoners to a Forty-eight hours before transferring other state prisoners
or federal prisoners into and out of a private prison in this
state, the private prison housing prisoners under
incarceration orders from a court of another state shall provide the governor, the director of the department of
public safety and the director of the state department of corrections with the
following information in
writing:
1. The number of prisoners to be transferred.
2. The names and identifying information of the prisoners to be transferred.
3. The date of the transfer.
4. The security level of each prisoner to be transferred, as
determined by the sentencing state conviction for which the prisoner is currently
confined.
5. The identity of the sentencing state or division of federal court for each prisoner.
6. The federal identification number of each prisoner.
7. The names of the prisoners who are being transferred to another state for release from custody.
C. If
one to ten prisoners are transferred into this state, the private prison shall
comply with the notification requirements in subsection B at least forty‑eight
hours before the prisoners arrive in this state. If eleven or more
prisoners are transferred into this state, the private prison shall comply with
the notification requirements pursuant to subsection B at least seven days
before the prisoners arrive in this state.
D. The private prison shall provide the director of the department of public safety and the director of the state department of corrections with a monthly report of the following:
1. Changes in the prisoner count.
2. Changes in capacity to confine prisoners.
3. Any change in a prisoner's security level after being transferred to this state.
E. The director of the department of administration may impose civil penalties equal to one hundred dollars per day per inmate for each day in which the private prison fails to timely comply with any requirement of this section. This subsection does not preclude this state from pursuing all other equitable remedies that are available at law.
D. F. The
information provided pursuant to subsection
subsections A, B, paragraphs 2, 3 and 4 shall and C is not be
a public record until the transfer of the prisoners is
has been completed.
G. The private prison is liable for its operation and the persons under its authority.
Sec. 3. Section 41-1830.31, Arizona Revised Statutes, is amended to read:
41-1830.31. Private prison escapee fund; monies; uses; lapsing; definitions
A. A private prison
escapee fund is established for the purposes of providing monies to cover
capture costs associated with escapees or liabilities that the state may
incur. The fund consists of the monies deposited pursuant to
subsection B of this section and section 41‑1682, subsection B D, paragraph 1. The director of the department of
administration shall administer the fund.
B. All A
private prisons prison shall pay a penalty to the director of
the department of administration for the capture costs of an escapee in the
amount of ten thousand dollars per escapee or the actual capture costs per
escapee, whichever is more. The director of the department of
administration shall deposit the monies received from the private prison into
the private prison escapee fund.
C. Fund monies shall be used to reimburse law enforcement agencies of this state for the costs incurred by them in capturing prisoners who escape from private prisons and to pay any costs incurred by this state resulting from or arising out of the operation of the private prison.
D. A detailed account of the costs incurred in capturing escapees shall be submitted to the director of the department of public safety and reimbursed on approval by the director.
E. Monies in the private prison escapee fund do not revert to the state general fund. The monies in the fund are a continuing appropriation to the director of the department of administration for the purposes prescribed in this section.
F. The director of the
department of administration shall reimburse monies deposited in the fund by
private prisons as prescribed by section 41‑1682, subsection B D, paragraph 1 after receiving notification from the
director of the state department of
public safety to reimburse the monies.
G. For the purposes of this section:
1. "Escapee" means a prisoner who leaves a private prison facility without lawful authorization and whose leaving requires law enforcement personnel to undertake actions to capture the prisoner.
2. "Private prison" means any privately owned prison that does not contract exclusively with the state department of corrections and is primarily directed at housing adult prisoners who are sentenced to serve a term of detention or incarceration by a court from a state other than this state.