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1998 State Prison Privatization Laws

The National Conference of State Legislatures (NCSL) recently released its 1998 summary of selected state crime legislation. The report includes a brief description of selected state privatization laws enacted in 1998. While some of the new state laws regulate or limit private management, others make it easier or more profitable for private companies to manage state and local correctional facilities.

Alaska H.53

Authorizes the lease of surplus military facilities to private corrections entities for the purpose of housing inmates.

Arizona H.2608

Retroactively prohibits taxing income derived from incarcerating or detaining prisoners in a privately operated prison, jail or detention facility.

Colorado S.54

Requires all private prisons to receive accreditation from the American Correctional Association within two years of operation. Also requires a public hearing in the county where a proposed private prison will be constructed.

Connecticut S.607

Prohibits probation supervision of class B or C felony offenders by any officers other than those of the state Office of Adult Probation.

Hawaii H.3033

Permits the governor to contract with private entities for the construction and operation of correctional facilities.

Idaho S.1517

Compels a private prison to notify a locality of riots, rebellion, escape or emergency. Permits counties to contract with private entities for the purpose of incarcerating inmates, including out-of-state inmates.

Ohio H.293

Limits, establishes criteria for the operation of correctional facilities that house out-of-state prisoners. Expands definition of "detention" as it applies to escape and possession of a deadly weapon while under detention in public or private facility.

Oklahoma S.1216

Requires private facilities to inform the department of public safety, the county sheriff, and the municipal police of a riot or an escape.

Tennessee H.2291

Sets minimum hours of orientation and continuing education training required of private-sector probation officers.

 

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