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Second Substitute S.B. 175
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Senate 3rd Reading Amendments 2-16-2006 rd/
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill
on Thu, Feb 16, 2006 at 3:47 PM by rday. -->
This document includes House Committee Amendments incorporated into the bill on
Wed, Feb 22, 2006 at 1:27 PM by ddonat. -->
Senator Darin G. Peterson proposes the following substitute bill:
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CORRECTIONAL FACILITY BIDDING
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PROCESS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Howard A. Stephenson
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House Sponsor:
Gregory H. Hughes
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LONG TITLE
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General Description:
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This bill amends the duties of the Department of Corrections regarding correctional
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facilities.
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Highlighted Provisions:
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This bill:
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. requires the Department of Corrections to:
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. issue a request for proposals to private prison contractors, county jails, and other
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interested agencies and entities constructing new correctional facility beds;
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. evaluate proposals to determine which proposal provides the best value to the
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state based on capital costs, operating costs, and program opportunities for
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offenders;
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. report annually to the legislative Law Enforcement and Criminal Justice Interim
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Committee the summarized operating costs for each correctional facility
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housing inmates for the state; and
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. issue a request for proposals for a S. [
500
] 300 .S -bed facility that does not affect
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current
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construction and contracts, and requiring the department to report to the
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Legislature prior to the 2007 General Session regarding its progress about the
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facility.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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64-13-1, as last amended by Chapter 36, Laws of Utah 2003
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ENACTS:
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64-13-26.5, Utah Code Annotated 1953
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64-13-26.6, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
64-13-1
is amended to read:
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64-13-1. Definitions.
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As used in this chapter:
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(1) "Community correctional center" means a nonsecure correctional facility operated:
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(a) by the department; or
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(b) under a contract with the department.
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(2) "Correctional facility" means any facility operated to house offenders, either in a
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secure or nonsecure setting:
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(a) by the department; or
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(b) under a contract with the department.
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(3) "Correctional facility bed" means the space allocated to house one inmate.
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[(3)] (4) "Department" means the Department of Corrections.
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[(4)] (5) "Emergency" means any riot, disturbance, homicide, inmate violence
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occurring in any correctional facility, or any situation that presents immediate danger to the
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safety, security, and control of the department.
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[(5)] (6) "Executive director" means the executive director of the Department of
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Corrections.
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[(6)] (7) "Inmate" means any person who is committed to the custody of the department
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House Committee Amendments 2-22-2006 dd/sca
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Senate 3rd Reading Amendments 2-16-2006 rd/
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and who is housed at a correctional facility or at a county jail at the request of the department.
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[(7)] (8) "Offender" means any person who has been convicted of a crime for which he
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may be committed to the custody of the department and is at least one of the following:
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(a) committed to the custody of the department;
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(b) on probation; or
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(c) on parole.
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[(8)] (9) "Secure correctional facility" means any prison, penitentiary, or other
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institution operated by the department or under contract for the confinement of offenders,
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where force may be used to restrain them if they attempt to leave the institution without
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authorization.
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Section 2.
Section
64-13-26.5
is enacted to read:
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64-13-26.5. Bidding process required for correctional facilities.
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(1) The department shall issue and evaluate a request for proposals S. [
before contracting
] .S
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for S. [
a new
] the next .S correctional prison facility complex S. [
, except that the
] of 300 or
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more beds to be constructed on or after June 1, 2006. The department shall select the site of
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the facility complex regarding which the request for proposals is to be issued. The .S request
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for proposals may not
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affect:
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(a) the funding, construction, or expansion of any correctional prison facility S. complex .S
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currently
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H. [
existing or
] .H under construction on S. [
May
] June .S 1, 2006; or
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(b) contracts under Subsection
64-13c-201
(1)(c) and Section
64-13c-401
that are in
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effect on S. [
May
] June .S 1, 2006.
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(2) The department shall issue the request for proposals to:
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(a) private prison contractors, as defined in Section
64-13d-102
;
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(b) county jails; and
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(c) other interested agencies and entities.
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(3) (a) The department shall evaluate the proposals to determine which proposal H. , if
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any, .H
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provides the best value to the state based on:
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(i) capital costs;
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(ii) operating costs;
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(iii) quality of operation;
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(iv) program opportunities for offenders; and
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(v) any other criteria the department finds to be necessary.
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(b) The department may exclude maximum security beds from the process and
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House Committee Amendments 2-22-2006 dd/sca
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Senate 3rd Reading Amendments 2-16-2006 rd/sca
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comparison.
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(4) Any private contracts made under this section are subject to Title 64, Chapter 13d,
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Private Correctional Facilities Act.
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(5) (a) The department shall provide to the legislative Law Enforcement and Criminal
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Justice Interim Committee a report summarizing the operating costs for each correctional
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facility housing inmates for the state.
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(b) The report shall be submitted annually on or before November 1.
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Section 3.
Section
64-13-26.6
is enacted to read:
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64-13-26.6. Construction of 500-bed facility -- Report to Legislature.
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(1) When the department determines that construction of a S. [
500
] 300 .S -bed S.or
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larger correctional facility complex .S facility is necessary
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to address inmate housing needs, including preventing the early release of inmates due to an
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inadequate number of beds, the department shall issue a request for proposals H. and based on
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the proposals and the department's own reports, [
for evaluation
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and comparison of
] evaluate and compare the .H facilities to determine the facility that would
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H. best .H meet the needs of the
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H. [
department
] state .H .
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(2) The department shall report on its progress in complying with Subsection (1) to the
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legislative Executive Appropriations Committee and the Executive Offices and Criminal
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Justice Appropriations Subcommittee prior to the 2007 General Session of the Legislature.
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