PREFILED    JAN 05 2018

REFERENCE TITLE: private prison study committee

State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018

HB 2094

Introduced by Representatives Andrade: Alston, Chávez, Engel, Fernandez, Gabaldón, Navarrete, Powers Hannley, Salman, Senator Miranda

 

AN ACT

 

Establishing the private prison study committee.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Private prison study committee; membership; duties; report; delayed repeal

A.  The private prison study committee is established consisting of the following members:

1.  Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties.  The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.

2.  Two members of the senate who are appointed by the president of the senate and who are members of different political parties.  The president of the senate shall designate one of these members to serve as cochairperson of the committee.

3.  One member who is appointed by the governor and who represents a statewide coalition for prison reform.

4.  Two members who represent the law enforcement community, one of whom is from a county with a population of one million two hundred thousand persons or more and who is appointed by the speaker of the house of representatives and one of whom is from a county with a population of less than one million two hundred thousand persons and who is appointed by the president of the senate.

5.  Two county attorneys or their designees, one of whom is from a county with a population of one million two hundred thousand persons or more and who is appointed by the president of the senate and one of whom is from a county with a population of less than one million two hundred thousand persons and who is appointed by the speaker of the house of representatives.

6.  Two judges, one of whom is from a municipal court and who is appointed by the president of the senate and one of whom is from a superior court and who is appointed by the speaker of the house of representatives.

7.  One member who is appointed by the governor and who is a representative of the Arizona peace officer standards and training board.

8.  The director of the state department of corrections or the director's designee.

9.  The director of the department of juvenile corrections or the director's designee.

10.  Two attorneys who practice criminal defense law and who are appointed by the governor.

11.  Three members, one each from Arizona state university, the university of Arizona and northern Arizona university, who are faculty members with expertise in law, criminology, sociology or another relevant field and who are appointed by the president of each member's respective university.

B.  The cochairpersons shall be members of different political parties.

C.  The study committee shall research and report on the following:

1.  The impact of private prisons on the safety of the public.

2.  The impact of private prisons on the safety of prisoners and staff at private prison facilities.

3.  The economic efficiency and impact of housing state prisoners in private prison facilities.

4.  The provision of constitutionally appropriate services for prisoners, including adequate health care at private prison facilities.

5.  The training currently required for staff at private prison facilities.

D.  The private prison study committee may:

1.  Request information, data and reports from any state agency or political subdivision of this state and from private prison facilities operating in this state.  If possible, information shall be provided electronically.

2.  Hold hearings, conduct fact-finding tours and take testimony from witnesses, including participants in the criminal justice system, who may assist the committee in fulfilling its responsibilities.

E.  On the request of the private prison study committee, an agency of this state or a private prison facility shall provide to the committee its services, equipment, documents, personnel and facilities to the extent possible without cost to the committee.

F.  The legislature shall provide staff and support services to the committee.

G.  The committee shall meet at the state capitol or at other places as the cochairpersons deem necessary or convenient, and all meetings shall be open to the public.

H.  Members of the study committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

I.  On or before December 31, 2018, the study committee shall submit a report regarding its findings and recommendations to the governor, the speaker of the house of representatives and the president of the senate and provide a copy of its report to the secretary of state.  The report shall include the committee's recommendations regarding the continued use of private prisons in this state.

J.  This section is repealed from and after September 30, 2019.