HOUSE 2nd Reading Unamended March 23, 2006 SENATE 3rd Reading Unamended January 31, 2006 SENATE 2nd Reading Unamended January 27, 2006Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 06-0112.01 Stephen Miller SENATE BILL 06-023 SENATE SPONSORSHIP Hanna, Takis, and Taylor HOUSE SPONSORSHIP Vigil, Coleman, and White Senate Committees House Committees Judiciary Judiciary A BILL FOR AN ACT Concerning the placement of inmates classified higher than medium custody in private prisons. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Legislative Audit Committee. Prohibits the department of corrections ("department") from placing state inmates classified higher than medium custody in private prison facilities located within Colorado or outside the state. Permits the governor, at the request of the executive director of the department, to declare a correctional emergency and by proclamation authorize the department to place state inmates classified higher than medium custody in private prison facilities located in or outside the state. Defines the term "correctional emergency". Specifies that the proclamation issued by the governor shall remain in effect for 30 days. Permits the governor, at the request of the executive director, to renew a declaration of correctional emergency and reissue a proclamation for one or more additional 30-day periods. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 17-1-104.9, Colorado Revised Statutes, is amended to read: 17-1-104.9. Custody levels for state inmates at private prisons - correctional emergency - definition. (1) Based upon available appropriations and based upon an annual review by the general assembly, the department is authorized to permanently place state inmates classified as medium custody and below in private contract prisons. Except as otherwise provided in subsection (2) of this section, the department may not place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. This section does not prevent a private contract prison from incarcerating an inmate who has been reclassified to a higher custody designation as a result of an offense committed within the private contract prison. However, it is the intent of the general assembly that the department move any inmate of a higher custody designation out of the private contract prison as soon as space is available at a state-operated correctional facility. (2) (a) At the request of the executive director, the governor may, in his or her discretion, declare a correctional emergency and by proclamation authorize the department to place state inmates classified higher than medium custody in private contract prisons or in private prison facilities located outside the state of Colorado. A proclamation issued under this subsection (2) shall remain in effect for thirty days. (b) At the request of the executive director, the governor may, in his or her discretion, renew a declaration of correctional emergency and reissue a proclamation in accordance with paragraph (a) of this subsection (2) for one or more additional thirty-day periods as the governor deems appropriate. (c) For purposes of this section, "correctional emergency" means a riot, a disturbance, a homicide, or inmate violence occurring in a correctional facility or in transit to or from a correctional facility, or a situation involving inmates that presents a clear and immediate danger to the safety, security, and control of the department. "Correctional emergency" does not include inmate overcrowding. SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 9, 2006, if adjournment sine die is on May 10, 2006); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.