Second Substitute S.B. 175

Senator Darin G. Peterson proposes the following substitute bill:

1 CORRECTIONAL FACILITY BIDDING
2 PROCESS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Howard A. Stephenson
6 House Sponsor: Gregory H. Hughes
7
8 LONG TITLE
9 General Description:
10 This bill amends the duties of the Department of Corrections regarding correctional
11 facilities.
12 Highlighted Provisions:
13 This bill:
14 . requires the Department of Corrections to:
15 . issue a request for proposals to private prison contractors, county jails, and other
16 interested agencies and entities constructing new correctional facility beds;
17 . evaluate proposals to determine which proposal provides the best value to the
18 state based on capital costs, operating costs, and program opportunities for
19 offenders;
20 . report annually to the legislative Law Enforcement and Criminal Justice Interim
21 Committee the summarized operating costs for each correctional facility
22 housing inmates for the state; and
23 . issue a request for proposals for a 500-bed facility that does not affect current
24 construction and contracts, and requiring the department to report to the
25 Legislature prior to the 2007 General Session regarding its progress about the

26 facility.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 64-13-1, as last amended by Chapter 36, Laws of Utah 2003
34 ENACTS:
35 64-13-26.5, Utah Code Annotated 1953
36 64-13-26.6, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 64-13-1 is amended to read:
40 64-13-1. Definitions.
41 As used in this chapter:
42 (1) "Community correctional center" means a nonsecure correctional facility operated:
43 (a) by the department; or
44 (b) under a contract with the department.
45 (2) "Correctional facility" means any facility operated to house offenders, either in a
46 secure or nonsecure setting:
47 (a) by the department; or
48 (b) under a contract with the department.
49 (3) "Correctional facility bed" means the space allocated to house one inmate.
50 [(3)] (4) "Department" means the Department of Corrections.
51 [(4)] (5) "Emergency" means any riot, disturbance, homicide, inmate violence
52 occurring in any correctional facility, or any situation that presents immediate danger to the
53 safety, security, and control of the department.
54 [(5)] (6) "Executive director" means the executive director of the Department of
55 Corrections.
56 [(6)] (7) "Inmate" means any person who is committed to the custody of the department

57 and who is housed at a correctional facility or at a county jail at the request of the department.
58 [(7)] (8) "Offender" means any person who has been convicted of a crime for which he
59 may be committed to the custody of the department and is at least one of the following:
60 (a) committed to the custody of the department;
61 (b) on probation; or
62 (c) on parole.
63 [(8)] (9) "Secure correctional facility" means any prison, penitentiary, or other
64 institution operated by the department or under contract for the confinement of offenders,
65 where force may be used to restrain them if they attempt to leave the institution without
66 authorization.
67 Section 2. Section 64-13-26.5 is enacted to read:
68 64-13-26.5. Bidding process required for correctional facilities.
69 (1) The department shall issue and evaluate a request for proposals before contracting
70 for a new correctional prison facility complex, except that the request for proposals may not
71 affect:
72 (a) the funding, construction, or expansion of any correctional prison facility currently
73 existing or under construction on May 1, 2006; or
74 (b) contracts under Subsection 64-13c-201 (1)(c) and Section 64-13c-401 that are in
75 effect on May 1, 2006.
76 (2) The department shall issue the request for proposals to:
77 (a) private prison contractors, as defined in Section 64-13d-102 ;
78 (b) county jails; and
79 (c) other interested agencies and entities.
80 (3) (a) The department shall evaluate the proposals to determine which proposal
81 provides the best value to the state based on:
82 (i) capital costs;
83 (ii) operating costs;
84 (iii) quality of operation;
85 (iv) program opportunities for offenders; and
86 (v) any other criteria the department finds to be necessary.
87 (b) The department may exclude maximum security beds from the process and

88 comparison.
89 (4) Any private contracts made under this section are subject to Title 64, Chapter 13d,
90 Private Correctional Facilities Act.
91 (5) (a) The department shall provide to the legislative Law Enforcement and Criminal
92 Justice Interim Committee a report summarizing the operating costs for each correctional
93 facility housing inmates for the state.
94 (b) The report shall be submitted annually on or before November 1.
95 Section 3. Section 64-13-26.6 is enacted to read:
96 64-13-26.6. Construction of 500-bed facility -- Report to Legislature.
97 (1) When the department determines that construction of a 500-bed facility is necessary
98 to address inmate housing needs, including preventing the early release of inmates due to an
99 inadequate number of beds, the department shall issue a request for proposals for evaluation
100 and comparison of facilities to determine the facility that would meet the needs of the
101 department.
102 (2) The department shall report on its progress in complying with Subsection (1) to the
103 legislative Executive Appropriations Committee and the Executive Offices and Criminal
104 Justice Appropriations Subcommittee prior to the 2007 General Session of the Legislature.