Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1320Introduced by Assembly Member BontaFebruary 17, 2017 An act to amend Section 2915 of, and to add Section 5003.1 to, the Penal Code, relating to public safety. prisons.LEGISLATIVE COUNSEL'S DIGESTAB 1320, as amended, Bonta. Public safety. State prisons: private, for-profit administration services.Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law, until January 1, 2020, authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into one or more agreements with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2020, authorizes the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers.This bill would prohibit the department from contracting with a private, for-profit prison on or after January 1, 2028 and would prohibit the renewal of contracts with for-profit prisons in effect on January 1, 2018. The bill would also require on or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department to be removed from private, for-profit prison facilities.Existing law establishes categories of peace officers with varying powers and authority to make arrests.This bill would state the intent of the Legislature to enact legislation pertaining to public safety and law enforcement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2915 of the Penal Code is amended to read:2915. (a) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state. These agreements may be entered into with private entities and may be in the form of a lease or an operating agreement. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation.(b) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity in another state. These agreements may be entered into with private entities and may be in the form of an operating agreement or other contract. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation. This subdivision does not authorize the department to operate a facility out of state.(c) The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code do not apply to this section.(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.SEC. 2. Section 5003.1 is added to the Penal Code, to read:5003.1. (a) The department shall not contract with a private, for-profit prison facility on or after January 1, 2028.(b) The department shall not renew a contract in effect on January 1, 2018, with a private, for-profit prison facility.(c) On or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department shall be removed from private, for-profit prison facilities.SECTION 1.It is the intent of the Legislature to enact legislation pertaining to public safety and law enforcement.
Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1320Introduced by Assembly Member BontaFebruary 17, 2017 An act to amend Section 2915 of, and to add Section 5003.1 to, the Penal Code, relating to public safety. prisons.LEGISLATIVE COUNSEL'S DIGESTAB 1320, as amended, Bonta. Public safety. State prisons: private, for-profit administration services.Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law, until January 1, 2020, authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into one or more agreements with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2020, authorizes the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers.This bill would prohibit the department from contracting with a private, for-profit prison on or after January 1, 2028 and would prohibit the renewal of contracts with for-profit prisons in effect on January 1, 2018. The bill would also require on or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department to be removed from private, for-profit prison facilities.Existing law establishes categories of peace officers with varying powers and authority to make arrests.This bill would state the intent of the Legislature to enact legislation pertaining to public safety and law enforcement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 21, 2017
Amended IN Assembly March 21, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1320
Introduced by Assembly Member BontaFebruary 17, 2017
Introduced by Assembly Member Bonta
February 17, 2017
An act to amend Section 2915 of, and to add Section 5003.1 to, the Penal Code, relating to public safety. prisons.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1320, as amended, Bonta. Public safety. State prisons: private, for-profit administration services.
Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law, until January 1, 2020, authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into one or more agreements with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2020, authorizes the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers.This bill would prohibit the department from contracting with a private, for-profit prison on or after January 1, 2028 and would prohibit the renewal of contracts with for-profit prisons in effect on January 1, 2018. The bill would also require on or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department to be removed from private, for-profit prison facilities.Existing law establishes categories of peace officers with varying powers and authority to make arrests.This bill would state the intent of the Legislature to enact legislation pertaining to public safety and law enforcement.
Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law, until January 1, 2020, authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into one or more agreements with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2020, authorizes the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers.
This bill would prohibit the department from contracting with a private, for-profit prison on or after January 1, 2028 and would prohibit the renewal of contracts with for-profit prisons in effect on January 1, 2018. The bill would also require on or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department to be removed from private, for-profit prison facilities.
Existing law establishes categories of peace officers with varying powers and authority to make arrests.
This bill would state the intent of the Legislature to enact legislation pertaining to public safety and law enforcement.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2915 of the Penal Code is amended to read:2915. (a) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state. These agreements may be entered into with private entities and may be in the form of a lease or an operating agreement. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation.(b) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity in another state. These agreements may be entered into with private entities and may be in the form of an operating agreement or other contract. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation. This subdivision does not authorize the department to operate a facility out of state.(c) The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code do not apply to this section.(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.SEC. 2. Section 5003.1 is added to the Penal Code, to read:5003.1. (a) The department shall not contract with a private, for-profit prison facility on or after January 1, 2028.(b) The department shall not renew a contract in effect on January 1, 2018, with a private, for-profit prison facility.(c) On or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department shall be removed from private, for-profit prison facilities.SECTION 1.It is the intent of the Legislature to enact legislation pertaining to public safety and law enforcement.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2915 of the Penal Code is amended to read:2915. (a) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state. These agreements may be entered into with private entities and may be in the form of a lease or an operating agreement. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation.(b) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity in another state. These agreements may be entered into with private entities and may be in the form of an operating agreement or other contract. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation. This subdivision does not authorize the department to operate a facility out of state.(c) The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code do not apply to this section.(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SECTION 1. Section 2915 of the Penal Code is amended to read:
### SECTION 1.
2915. (a) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state. These agreements may be entered into with private entities and may be in the form of a lease or an operating agreement. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation.(b) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity in another state. These agreements may be entered into with private entities and may be in the form of an operating agreement or other contract. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation. This subdivision does not authorize the department to operate a facility out of state.(c) The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code do not apply to this section.(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
2915. (a) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state. These agreements may be entered into with private entities and may be in the form of a lease or an operating agreement. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation.(b) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity in another state. These agreements may be entered into with private entities and may be in the form of an operating agreement or other contract. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation. This subdivision does not authorize the department to operate a facility out of state.(c) The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code do not apply to this section.(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
2915. (a) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state. These agreements may be entered into with private entities and may be in the form of a lease or an operating agreement. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation.(b) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity in another state. These agreements may be entered into with private entities and may be in the form of an operating agreement or other contract. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation. This subdivision does not authorize the department to operate a facility out of state.(c) The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code do not apply to this section.(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
2915. (a) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity within the state. These agreements may be entered into with private entities and may be in the form of a lease or an operating agreement. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation.
(b) The Subject to Section 5003.1, the Secretary of the Department of Corrections and Rehabilitation may enter into one or more agreements to obtain secure housing capacity in another state. These agreements may be entered into with private entities and may be in the form of an operating agreement or other contract. The secretary may procure and enter these agreements on terms and conditions he or she deems necessary and appropriate. Notwithstanding any other law, any process, regulation, requirement, including any state governmental reviews or approvals, or third-party approval that is required under statutes that relate to the procurement and implementation of those agreements is hereby waived, however, no agreement shall contain terms, either directly or indirectly, that involve the repayment of any debt issuance or other financing and, consistent with state law, shall provide that payment of that agreement is subject to appropriation. This subdivision does not authorize the department to operate a facility out of state.
(c) The provisions of Division 13 (commencing with Section 21000) of the Public Resources Code do not apply to this section.
(d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2. Section 5003.1 is added to the Penal Code, to read:5003.1. (a) The department shall not contract with a private, for-profit prison facility on or after January 1, 2028.(b) The department shall not renew a contract in effect on January 1, 2018, with a private, for-profit prison facility.(c) On or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department shall be removed from private, for-profit prison facilities.
SEC. 2. Section 5003.1 is added to the Penal Code, to read:
### SEC. 2.
5003.1. (a) The department shall not contract with a private, for-profit prison facility on or after January 1, 2028.(b) The department shall not renew a contract in effect on January 1, 2018, with a private, for-profit prison facility.(c) On or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department shall be removed from private, for-profit prison facilities.
5003.1. (a) The department shall not contract with a private, for-profit prison facility on or after January 1, 2028.(b) The department shall not renew a contract in effect on January 1, 2018, with a private, for-profit prison facility.(c) On or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department shall be removed from private, for-profit prison facilities.
5003.1. (a) The department shall not contract with a private, for-profit prison facility on or after January 1, 2028.(b) The department shall not renew a contract in effect on January 1, 2018, with a private, for-profit prison facility.(c) On or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department shall be removed from private, for-profit prison facilities.
5003.1. (a) The department shall not contract with a private, for-profit prison facility on or after January 1, 2028.
(b) The department shall not renew a contract in effect on January 1, 2018, with a private, for-profit prison facility.
(c) On or before January 1, 2028, all state prison inmates and other persons under the jurisdiction of the department shall be removed from private, for-profit prison facilities.
It is the intent of the Legislature to enact legislation pertaining to public safety and law enforcement.