Forty-ninth Legislature                                                 APPROP

Second Regular Session                                               H.B. 2177






(Reference to printed bill)


Strike everything after the enacting clause and insert:

"Section 1.  State department of corrections; contracts; determination of least expensive beds; applicability; definitions

A.  Through June 30, 2012, the director of the state department of corrections shall not take any action that awards or cancels a contract with a private prison contractor or activates a new public institution if that action results in increased prison bed costs or increased per diem rates.

B.  Through June 30, 2012, before awarding or canceling a contract with a private contractor or activating a new public institution, the director of the state department of corrections shall determine that the action will not result in increased prison bed costs for inmates at public or private institutions that are located in this state or outside of this state.  The director shall provide the determination, in writing, to the joint legislative budget committee at least five business days before the action occurs.

C.  In making the determination required pursuant to subsection B, the director of the state department of corrections shall evaluate the following information:

1.  For private prison beds, the blended per diem rate for housing inmates at that facility.

2.  For public prison beds, the per diem rate for each facility determined by including all direct costs and indirect costs associated with a particular facility.

D.  This section applies only to a minimum or medium security level prison.

E.  For the purposes of this section:

1.  "Direct costs" means all costs directly associated with that specific state prison, including:

(a)  Salaries and benefits, including healthcare and retirement, of all personnel working at the facility.

(b)  Health care costs for the inmates housed at the facility.

(c)  Maintenance, both long-term and short-term, for the facility.

(d)  Lease or loan payments associated with the facility.

(e)  All operating costs for the facility including utilities, food, inmate programming and transportation.

2.  "Indirect costs" means all other costs associated with the operation of the state department of corrections, divided by the total number of public prison beds and then multiplied by the number of beds at that specific facility.

Sec. 2.  Intent

The legislature intends that the state department of corrections use the least expensive prison bed options during the current period of state budget deficits and steep revenue declines and that all costs be fairly considered in the evaluation of actions relating to private or public prison decisions.

Sec. 3.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."

Amend title to conform


                                                JOHN KAVANAGH



3:39 PM

C: sp




10:16 AM