BILL NUMBER: AB 2083	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 23, 2012

   An act to add Chapter 18 (commencing with Section 7450) to Title 7
of Part 3 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2083, as introduced, Donnelly. Foreign Private Prison
Commission.
   Existing law provides for the administration of the state
correctional system by the Department of Corrections and
Rehabilitation under the direction of the Secretary of the Department
of Corrections and Rehabilitation. Existing law requires the
department to prepare plans for, and construct facilities and
renovations within its master plan for which funds have been
appropriated by the Legislature.
   This bill would establish the Foreign Private Prison Commission,
which, in cooperation with the Department of Corrections and
Rehabilitation, would be responsible for the operation and
administration of private prison facilities that are located in
Mexico to house foreign nationals who have been convicted of offenses
committed in California. The bill would require the commission to
conduct a cost comparison of executed privatization contracts every 5
years, and if the commission determines that the private prison
facility costs are lower than costs of this state to provide the same
services, would require ½ of the difference between the state's
costs and the private prison's costs to be deposited into the
Correctional Service Fund, which would be established by the bill.
Moneys in the Correctional Service Fund would be available to the
department for purposes of implementing the provisions of the bill
upon appropriation by the Legislature.
   The bill would become operative only if, before July 1, 2017, the
United States enters into a treaty with Mexico to allow the
incarceration of inmates outside of the United States in private
prisons.
   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.  Chapter 18 (commencing with Section 7450) is added to
Title 7 of Part 3 of the Penal Code, to read:
      CHAPTER 18.  FOREIGN PRIVATE PRISON COMMISSION


   7450.  (a) The Foreign Private Prison Commission is hereby
established, consisting of __ members, which shall include the
Secretary of the Department of Corrections and Rehabilitation. The
Governor shall appoint the remaining ____ members within 60 days
after the effective date of this part. Members shall serve ____ year
terms.
   (b) Members of the commission are not eligible to receive
compensation, but are eligible to receive reimbursement of expenses.
   (c) The commission shall be responsible for the overall operations
and administration of private prison facilities that are located in
Mexico and that house foreign nationals who have been convicted of
any offense in this state.
   7451.  (a) The Department of Corrections and Rehabilitation, in
cooperation with the Foreign Private Prison Commission, shall issue a
request for proposals for the construction and operation of a
private prison facility to be located in Mexico and to house foreign
national prisoners.
   (b) On publication, any request for proposals shall be provided to
the Joint Legislative Budget Committee for its review.
   (c) To be considered for an award of a contract, the proposer
shall demonstrate that it has all of the following:
   (1) The qualifications, operations, management experience, and
experienced personnel necessary to carry out the terms of the
contract.
   (2) The ability to comply with applicable correctional standards
and any specific court order, if required.
   (3) A demonstrated history of successful operation and management
of other secure facilities.
   (d) The proposer shall agree that this state may cancel the
contract at any time after the first year of operation, without
penalty to this state, on giving at least 90 days written notice.
   (e) A contract may provide for annual contract price or cost
adjustments, except that any adjustments may be made only once each
year effective on the anniversary of the effective date of the
contract. If any adjustment is made pursuant to the terms of the
contract, it shall be applied to the total payments made to the
contractor for the previous contract year and shall not exceed the
percent of change in the average consumer price index as published by
the United States Department of Labor, Bureau of Labor Statistics
between that figure for the latest calendar year and the next
previous calendar year.
   (f) Any price or cost adjustments to a contract different than
those authorized in subdivision (e) may be made only if the
Legislature specifically authorizes the adjustments and appropriates
moneys for that purpose, if required.
   (g) An award of a contract shall not be made unless an acceptable
proposal is received pursuant to any request for proposals. For the
purposes of this subdivision "acceptable proposal" means a proposal
that substantially meets all of the requirements or conditions set
forth in this part and that meets all of the requirements in the
request for proposals.
   (h) A proposal shall not be accepted unless the proposal offers
cost savings to this state. Cost savings shall be determined based
upon the standard cost comparison model for privatization established
by the foreign private prison commission.
   (i) A proposal shall not be accepted unless the proposal offers a
level and quality of services that are at least functionally
equivalent to those that would be provided by this state.
   (j) A contract to provide correctional services as described in
this section may be for an initial period of not more than 10 years.
   (k) The initial contract may include an option to renew for two
subsequent renewal periods of not more than five years each.
   (l) The performance of the contractor shall be compared to the
performance of this state in operating similar facilities, as
provided in this subdivision. The Foreign Private Prison Commission
shall conduct a biennial comparison of the services provided by the
private prison contractor for the purpose of comparing private versus
public provision of services. The comparison of services shall be
based on professional correctional standards incorporated into the
contract and shall be used for the purpose of determining if the
private prison contractor is providing at least the same quality of
services as this state at a lower cost or if the contractor is
providing services superior in quality to those provided by this
state at essentially the same cost. In conducting the comparison of
services, the commission shall consider:
   (1) Security.
   (2) Inmate management and control.
   (3) Inmate programs and services.
   (4) Facility safety and sanitation.
   (5) Administration.
   (6) Food service.
   (7) Personnel practices and training.
   (8) Inmate health services.
   (9) Inmate discipline.
   (10) Other matters relating to services as determined by the
Foreign Private Prison Commission.
   (m) The Foreign Private Prison Commission shall conduct a cost
comparison of executed privatization contracts once every five years
for each contract. If the commission determines that the private
prison facility costs are lower than the costs of this state to
provide the same services, one-half of the difference between the
state's costs and the private prison's costs shall be deposited in
the state General Fund and the remaining one-half of the moneys shall
be deposited in the Correctional Service Fund established pursuant
to Section 7452.
   (n) The Foreign Private Prison Commission shall provide the most
recent service comparison and cost comparison under subdivisions (l)
and (m) to the Joint Legislative Budget Committee for its review.
   (o) A contract for providing correctional services to foreign
nationals in a Mexican private prison facility shall not be entered
into unless the following requirements are met:
   (1) The private prison contractor provides audited financial
statements for the previous five years, or for each of the years the
contractor has been in operation, if fewer than five years, and
provides other financial information as requested.
   (2) The private prison contractor provides an adequate plan of
insurance, specifically including coverage or insurance for civil
rights claims and liabilities as approved by the risk management
division of the Department of General Services.
   (p) The sovereign immunity of this state does not apply to the
private prison contractor. Neither the contractor nor the insurer of
the contractor may plead the defense of sovereign immunity in any
action arising out of the performance of the contract.
   (q) A contract for correctional services shall not authorize,
allow, or imply a delegation of authority or responsibility to a
private prison contractor for any of the following:
   (1) Developing and implementing procedures for calculating inmate
release dates.
   (2) Developing and implementing procedures for calculating and
awarding sentence credits.
   (3) Approving the type of work inmates may perform and the wages
or sentence credits that may be given to inmates engaging in the
work.
   (4) Granting, denying, or revoking sentence credits, placing an
inmate under less restrictive custody or more restrictive custody or
taking any disciplinary actions.
   (r) The contract shall require that all prisoners be fingerprinted
daily.
   7452.  (a) The Correctional Service Fund is hereby established in
the State Treasury, which shall consist of moneys deposited pursuant
to subdivision (m) of Section 7451. Upon appropriation by the
Legislature, moneys in the fund shall be available for expenditure by
the department for purposes of implementing the provisions of this
chapter.
   (b) Moneys provided from the fund shall supplement, not supplant,
existing moneys for the following:
   (1) Vocational training.
   (2) Rehabilitation.
   (3) Parole services.
   7453.  (a) This chapter shall not become operative unless, before
July 1, 2017, the United States agrees to amend the United
States-Mexico Treaty on the Execution of Penal Sentencing, or adopts
a new treaty with Mexico relating to penal sentencing, to allow for
the incarceration of inmates outside of the United States in private
prisons.
   (b) The Attorney General shall notify, in writing, the Governor,
the Secretary of the Department of Corrections and Rehabilitation,
the Secretary of the Senate, and the Chief Clerk of the Assembly of
the date on which the conditions are met.