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Center for Media and Democracy Alec Model Legislation Housing Out-of-state Prisoners in a Private Prison Act

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By the Center for
Media and Democracy
www.prwatch.org

D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies
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work as “equals” in “unison” with politicians to write laws to govern your life. Big
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been aEVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS
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secretive
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Model Legislation
Public Safety and Elections
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Model Legislation
BehindCivil
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doors, they
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Did you know that the
Corrections Corporation of

Housing Out-of-State Prisoners in a Private Prison Act America, the largest prison
corporation in the U.S., is on
the Executive Committee of
Summary

the Public Safety & Elections
Task Force?

This Act would allow a private prison contractor to provide housing, care and control of
inmates of any state. The Act would require that all employees go through training
equivalent to that required by the Department of Rehabilitation and Corrections. The Act
would make the private prison contractor responsible for all incidents involving inmates,
including those that are community based.

Model Legislation

{Title, enacting etc}

Section 1. {Title.} This Act may be cited as the Housing Out-Of-State Prisoners In A
Private Prison Act

Section 2. {Definitions.} As used in this Act:

(A) "American Correctional Association (ACA) standards" means those standards at the
time of implementation of this Act, or, if amended, the amended ACA standards, which
are approved by the state.

(B) "Contractor" or "private contractor" means a person who has entered into a contract
with the state or a local government pursuant to this Act.

(C) "Facility" means jail, prison, or other incarceration facility constructed or operated
pursuant to a contract under this Act.

(D) "Inmate" means an adult serving a felony sentence in a facility as defined in this Act.

(E) "State" means the state acting through the office of the governor.

(F) "Local Government" means any city, town, joint powers board, or county in the state.

Section 3. {Authority to contract.}

(A) A private prison contractor may contract with another state and the District of
Columbia to provide for housing, care, and control of inmates in a facility owned or
operated by the private prison contractor.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

Section 4. {Standards of operation.}

(A) A private prison facility shall be accredited by the American Correctional Association
within two years of commencement of operations and therefore maintain such
accreditation.

(B) Any offense, which would be a crime if committed within a state or local correctional
institution of this state, shall be a crime if committed in a facility owned or operated by a
private prison contractor.

Section 5. {Employee training requirements.}

(A) Any personnel employed by a private prison contractor shall be authorized to carry
and use firearms while in the performance of their official duties only after successful
completion of training in the use of firearms equivalent to that of the state Department of
Rehabilitation and Corrections (DOC).

(B) Personnel considered for employment by a private prison contractor will be subjected
to and pass a criminal background check and drug screen.

(C) While employed by a private prison contractor, employees may be subject to random
drug screening and a random criminal background check. Continued employment may
be contingent upon passage of such screening and checks.

Section 6. {Private company detention officers.}

(A) After successful completion of use of force training equivalent to that of by the DOC,
personnel employed by a private prison contractor shall have the same authority to use
force against inmates housed at the private prison as DOC employees.

Section 7. {Liability.} A private prison contractor shall be responsible for all

reasonable costs and expenses incurred by this state or a political subdivision thereof in
pursuing an escapee from the private facility.

Section 8. {Insurance.}

(A) A private prison contract to house inmates from another state or the District of
Columbia shall require a comprehensive general liability insurance policy with minimum
limits of $5,000,000 for personal injury or death and $500,000 per individual for property
damage for all claims arising under the services performed under the contract.

Section 9. {Authority of private facilities to coordinate with local government and law
enforcement.}

(A) A private prison contractor shall coordinate procedures with local law enforcement
and emergency management agencies in the event of a disturbance, escape or other
emergency situation occurring in the facility.

(B) A private prison facility shall comply with all local zoning ordinances regarding its
location.

Section 10. {Restrictions.}

(A) A private prison contractor which houses inmates of another state or the District of
Columbia shall not accept for housing any inmates with a record of escape from a secure
facility or inmates with a record of violence within a facility against a visitor or staff.

(B) If an inmate is to be released or discharged from incarceration from a private prison,
the private prison contractor shall transfer or return the inmate to the contracting
jurisdiction.

Section 11. {Severability clause.}

Section 12. {Repealer clause.}

Section 13. (Effective date.}

Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting August 21, 1998.
Approved by full ALEC Board of Directors September, 1998.

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Center for Media
and Democracy's
quick summary:

This bill further expands the role of the private prison industry over the corrections system. It allows a private prison
operating in one state to contract with another state to hold prisoners without the consent of the local government in
which the private prison is located. This bill would benefit the Corrections Corporation of America, a member of the
Executive Committee of ALEC's Public Safety & Elections Task Force.