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  • mcprison mcprison Feb 23, 2001 10:29 AM Flag

    Private prison bill in Calif

    BILL NUMBER: AB 775
    BILL TEXT


    INTRODUCED BY Assembly Member Romero

    FEBRUARY 22, 2001

    An act to add Sections 6032, 6032.1, and 6032.2 to the Penal Code,
    relating to private prisons.


    LEGISLATIVE COUNSEL'S DIGEST


    AB 775, as introduced, Romero. Private prisons.
    Existing law requires that the plans and specifications of every
    jail, prison, or other place of detention, as specified, be submitted
    to the Board of Corrections for its recommendations. Existing law
    requires that any privately operated local detention facility operate
    pursuant to a contract with the city, county, or city and county, as
    appropriate, in which the private agency or entity agrees to operate
    in compliance with all appropriate state and local building, zoning,
    health, safety, and fire statutes, ordinances, and regulations, and
    with the minimum jail standards established by regulations adopted by
    the Board of Corrections, as specified.
    This bill would require an individual, corporation, partnership,
    association, or other private organization or entity to receive
    authorization from the Board of Corrections before constructing or
    operating a private correctional facility. This bill would prohibit
    the Board of Corrections from authorizing the construction or
    operation of a private correctional facility unless that facility
    meets all regulations pertaining to the construction and operation of
    publicly operated state prisons. This bill would also prohibit a
    person who is charged and convicted in another state, or in federal
    court in another state, from being confined in a private correctional
    facility in this state.
    Vote: majority. Appropriation: no. Fiscal committee: yes.
    State-mandated local program: no.


    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


    SECTION 1. Section 6032 is added to the Penal Code, to read:
    6032. An individual corporation, partnership, association or
    other private organization or entity shall neither construct, nor
    operate a private correctional facility in this state unless
    authorized by the Board of Corrections.
    SEC. 2. Section 6032.1 is added to the Penal Code, to read:
    6032.1. The Board of Corrections shall not authorize an
    individual, corporation, partnership, association or other private
    organization or entity to construct or operate a private correctional
    facility in this state unless the facility meets all regulations
    pertaining to the construction and operation of publicly operated
    state prisons.
    SEC. 3. Section 6032.2 is added to the Penal Code, to read:
    6032.2. A person charged or convicted in another state, or
    charged or convicted in federal court in another state, may not be
    confined in a private correctional facility in this state.

 
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