PRINTER'S NO. 2517
No. 1995 Session of 1999
INTRODUCED BY DeWEESE, VEON, EVANS, M. COHEN, COY, BELARDI,
LESCOVITZ, THOMAS, STETLER, BELFANTI, CASORIO, YUDICHAK,
COLAFELLA, DERMODY, ROBINSON, STURLA, JOSEPHS, SAINATO,
PESCI, CAPPABIANCA, FREEMAN, HARHAI, OLIVER, FRANKEL, BUXTON,
CALTAGIRONE, DeLUCA, LUCYK, EACHUS, GRUITZA, McCALL,
SCRIMENTI, MANN, KELLER, ROBERTS, MUNDY AND KAISER,
OCTOBER 25, 1999
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 25, 1999
AN ACT
1 Prohibiting the operation of private correctional facilities in
2 this Commonwealth.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Private
7 Prison Prohibition Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Private contractor." An individual, partnership,
13 corporation or unincorporated association which contracts with
14 the United States, another state, the Commonwealth or a county
15 of this Commonwealth to own or operate, or to provide security
1 services to, a correctional facility located in Pennsylvania.
2 "Private contractor for security services." A private
3 contractor which provides security services and security
4 personnel serving in the capacity of correction officers in a
5 correctional facility owned by the Commonwealth or a county of
6 this Commonwealth.
7 "Private correctional facility." A for-profit correctional
8 facility owned or operated by a private contractor contracting
9 with the United States, another state, the Commonwealth or a
10 county of this Commonwealth for the provision of correctional
11 services in Pennsylvania. The term excludes facilities
12 certified, licensed or operated by the Department of Public
13 Welfare or the Department of Health and prerelease centers under
14 the act of July 16, 1968 (P.L.351, No.173), referred to as the
15 Prisoner Pre-release Plan Law.
16 Section 3. Prohibition.
17 (a) General rule.--Except as provided in section 4, on and
18 after the effective date of this act, no private correctional
19 facility shall be operated within this Commonwealth.
20 (b) Exception.--This section shall not apply to private
21 contractors for security services.
22 Section 4. Continued operation.
23 (a) General rule.--Nothing in this act shall prevent the
24 continued operation of any private correctional facility which
25 was under construction or in operation in this Commonwealth on
26 or before January 1, 2000.
27 (b) Restrictions.--Incarceration in a private correctional
28 facility shall be limited to the following:
29 (1) Prison inmates sentenced for summary offenses or
30 offenses pursuant to 75 Pa.C.S. § 3731 (relating to driving
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1 under the influence of alcohol or controlled substance).
2 (2) Prison inmates who are not Federal and not from a
3 state other than Pennsylvania, except inmates incarcerated in
4 Pennsylvania pursuant to the Balanced Budget Act of 1997
5 (Public Law 105-33, 111 Stat. 251).
6 (3) Geriatric prison inmates.
7 (c) Laws and regulations.--The Department of Corrections,
8 with the advice and assistance of the Office of Attorney
9 General, shall adopt regulations governing the operation of
10 private correctional facilities. Until such time as the
11 regulations are finally adopted, private correctional facilities
12 operating in this Commonwealth shall be subject to laws and
13 regulations relating to the operation of county correctional
14 institutions. Private correctional facilities shall be subject
15 to oversight and inspection by the Department of Corrections.
16 Section 5. Effective date.
17 This act shall take effect immediately.
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