REFERENCE TITLE: private prisons; contracts; prohibition

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2823

Introduced by

Representatives Cavero: Abeytia, Aguilar, Austin, Blattman, Connolly, Contreras P, Crews, Garcia, Gutierrez, Hernandez A, Hernandez C, Hernandez L, Liguori, Luna-Nájera, Peshlakai, Simacek, Stahl Hamilton, Travers, Villegas, Volk

AN ACT

Amending title 41, chapter 11, article 1, Arizona Revised Statutes, by adding section 41-1609.05; relating to the state DEPARTMENT of corrections.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1609.05, to read:

START_STATUTE41-1609.05. Private prisons; contracts; minimum occupancy clause; definition

A. Notwithstanding any other law, the department may not RENEW A CONTRACT OR ENTER INTO A NEW CONTRACT WITH A PRIVATE PRISON OPERATOR that includes a minimum occupancy clause. All contracts pursuant to this section shall state that the department will only pay for rates that represent the actual number of inmates who are PHYSICALLY housed at the prison facility.

B. For the purposes of this section, "Minimum occupancy clause" means a clause that requires a prison to maintain a specific percentage of occupancy at that prison. END_STATUTE

Sec. 2. Applicability

This act applies to contract renewals or new contracts with a private prison operator from and after the effective date of this act.