Bill Text: PA HB1281 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for notice and a public hearing relating to community corrections facilities.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Passed) 2010-10-07 - Act No. 65 [HB1281 Detail]

Download: Pennsylvania-2009-HB1281-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 1519, 2182 PRINTER'S NO. 4021
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1281 Session of2009
INTRODUCED BY GIBBONS, BELFANTI, BROWN, DALEY, FAIRCHILD, GERGELY, JOSEPHS, KULA, LONGIETTI, MANN, M. O'BRIEN, PASHINSKI, PAYTON, SIPTROTH, VULAKOVICH, CALTAGIRONE, SEIP, KORTZ AND CREIGHTON, APRIL 20, 2009
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, JUNE 29, 2010
AN ACT
Providing for notice and a public hearing relating to privately <--
operated community corrections facilities.
Amending Title 61 (Prisons and Parole) of the Pennsylvania <--
Consolidated Statutes, providing for notice and a public
hearing relating to community corrections facilities.
The General Assembly finds and declares as follows:
(1) The purpose of this act is to require notice and a
hearing relating to any request for proposal issued by the
Department of Corrections for beds in a community corrections
facility for inmates with prerelease status or individuals
who are on parole.
(2) The hearing will provide concerned parties the
opportunity to receive information regarding the beds
requested at a community corrections facility and the impact
on the community.
(3) The hearing will also provide individuals with the
opportunity to ask questions and express concerns relative to
the request for proposal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title. <--
This act shall be known and may be cited as the Privately
Operated Community Corrections Facility Act.
Section 2. Legislative intent.
The General Assembly finds and declares that the purpose of
this act is to require notice and a hearing relating to any
request for proposal issued by the Department of Corrections for
beds in a community corrections facility for inmates with
prerelease status or individuals who are on parole. The hearing
will provide concerned parties the opportunity to receive
information regarding the beds requested at a community
corrections facility and the impact on the community and will
provide individuals with the opportunity to ask questions and
express concerns relative to the request for proposal.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Community corrections facility." A residential facility
operated by a private vendor that houses inmates with prerelease
status or individuals who are on parole pursuant to a contract
entered into between the Department of Corrections and the
private vendor.
"Department." The Department of Corrections of the
Commonwealth.
Section 4. Public hearing required.
(a) General rule.--A private vendor who intends to submit a
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bid to the department pursuant to a request for proposal for
beds in a community corrections facility shall conduct a public
hearing in the municipality of the proposed site.
(b) Conduct of hearing.--At the public hearing the private
vendor shall explain the operation of the community corrections
facility and shall permit public comments relating to the site
and operation of the facility.
(c) Transcript.--The private vendor shall submit a
transcript of the public hearing to the department as part of
its bid pursuant to the request for proposal.
(d) Department review.--The department shall review the
transcript and shall consider the substance of the public
comments when awarding a contract pursuant to the request for
proposal.
Section 5. Public notice.
(a) Public notice.--The private vendor shall provide notice
of the public hearing in a newspaper of general circulation on
at least two different dates prior to the hearing. Each notice
shall provide information regarding topic, location and time of
the public hearing and a contact number for interested persons
to call for additional information. The private vendor shall
submit notarized statements attesting to the publishing of the
notices to the department as part of its bid pursuant to the
request for proposal.
(b) Notice to municipality.--The private vendor shall send a
copy of the notice of the public hearing to the governing body
of the municipality where the proposed site is located.
Section 6. Nonapplicability.
This act shall not apply to any request for proposal issued
prior to the effective date of this section.
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Section 7. Effective date.
This act shall take effect in 60 days.
Section 1. Title 61 of the Pennsylvania Consolidated <--
Statutes is amended by adding a chapter to read:
CHAPTER 47
COMMUNITY CORRECTIONS FACILITIES
Sec.
4701. Definitions.
4702. Public hearing required.
4703. Public notice.
4711. Nonapplicability.
§ 4701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Community corrections facility." A residential facility
operated by a private vendor that houses inmates with prerelease
status or individuals who are on parole pursuant to a contract
entered into between the Department of Corrections and the
private vendor.
§ 4702. Public hearing required.
(a) General rule.--
(1) A private vendor who intends to submit a bid to the
department pursuant to a request for proposal for beds in a
community corrections facility shall conduct a public hearing
in the municipality of the proposed site.
(2) Paragraph (1) shall not apply to a bid submitted as
the result of a renewal for an existing contract at a
facility which has been in use for a minimum of five years.
(b) Conduct of hearing.--At the public hearing the private
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vendor shall explain the operation of the community corrections
facility and shall permit public comments relating to the site
and operation of the facility.
(c) Transcript.--The private vendor shall submit a
transcript of the public hearing to the department as part of
its bid pursuant to the request for proposal.
(d) Department review.--The department shall review the
transcript and shall consider the substance of the public
comments when awarding a contract pursuant to the request for
proposal.
§ 4703. Public notice.
(a) Public notice.--The private vendor shall provide notice
of the public hearing in a newspaper of general circulation on
at least two different dates prior to the hearing. Each notice
shall provide information regarding topic, location and time of
the public hearing and a contact number for interested persons
to call for additional information. The private vendor shall
submit notarized statements attesting to the publishing of the
notices to the department as part of its bid pursuant to the
request for proposal.
(b) Notice to municipality.--The private vendor shall send a
copy of the notice of the public hearing to the governing body
of the municipality where the proposed site is located.
§ 4711. Nonapplicability.
This chapter shall not apply to any request for proposal
issued prior to the effective date of this section.
Section 2. This act shall take effect in 60 days.
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