Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB16 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by James Benton.
DIGEST
SB 16 Original	2021 Regular Session	Peterson
Present law provides for the Louisiana Corrections Private Management Act.
Present law provides for the following definitions:
(1)"Correctional services" means the following functions, services, and activities, when
provided within a prison:
(a)Design and construction of prison facilities.
(b)Operation of correctional facilities, including management, custody of inmates, and
providing security.
(c)Food services, commissary, medical services, including geriatric care, transportation,
sanitation, or other ancillary services.
(d)Development and implementation of assistance for classification, management, or
information systems or services.
(e)Education, training, and job programs.
(f)Counseling, special treatment programs, or other programs for special needs.
(2)"Prison contractor" or "contractor" means any entity entering into a contractual agreement
to provide any correctional services, including geriatric care to inmates under the custody of
the state.
(3)"Local governmental subdivisions" means any parish or municipality.
(4)"Prison" or "facility" or "prison facility" means any institution to be opened after June 28,
1989, and which was not operational as of May 22, 1989, and operated by or under authority
of the department, a local governmental subdivision, or a sheriff or chief of police, and
includes, whether obtained by purchase, lease, construction, reconstruction, restoration,
improvement, alteration, repair, or other means, any physical betterment or improvement
related to the housing of inmates or any preliminary plans, studies, or surveys relative
thereto, land or rights to land, and any furnishings, machines, vehicles, apparatus, or
equipment for use in connection with any prison facility.
Present law authorizes the DPSC and local governmental subdivisions to enter into contracts with prison contractors for the financing, acquiring, designing, leasing, constructing, and operating of
prison facilities.
Proposed law terminates the use of private, for-profit prison contractors by the Department of Public
Safety and Corrections and local governmental subdivisions to provide housing to inmates assigned
to state or local prison facilities.
Proposed law provides that on or after January 1, 2022, the department or any local governmental
subdivision shall not enter into a contract with a private, for-profit prison contractor for a prison
facility located in the state to provide housing for inmates assigned to state or local facilities.
Proposed law provides that on or after January 1, 2022, the department or any local governmental
subdivision shall not renew any contract with a private, for-profit prison contractor for a prison
facility located in the state to provide housing for inmates assigned to state or local facilities.
Proposed law provides that after January 1, 2029, a state prison inmate or other person under the
jurisdiction of the department or any local governmental subdivision shall not be housed in a prison
facility operated by a private, for-profit prison contractor.
Effective August 1, 2021.
(Adds R.S. 39:1800.8)