Bill Text: PA HB759 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for requirements for operation of private correctional centers.

Spectrum: Slight Partisan Bill (Republican 15-7)

Status: (Introduced - Dead) 2011-02-17 - Referred to LOCAL GOVERNMENT [HB759 Detail]

Download: Pennsylvania-2011-HB759-Introduced.html

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PRINTER'S NO. 775
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 759 Session of2011
INTRODUCED BY CREIGHTON, TOOHIL, CALTAGIRONE, COX, DAY, DENLINGER, GEIST, GEORGE, GIBBONS, GINGRICH, HICKERNELL, MIRABITO, MYERS, M. O'BRIEN, TALLMAN, J. TAYLOR AND VULAKOVICH, FEBRUARY 17, 2011
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 17, 2011
AN ACT
Providing for requirements for operation of private correctional
centers.
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 Private
Correctional Center Community Notification Act.
Section 2. Scope of act.
This act shall apply to all for-profit entities proposing to
open a facility designed to provide services and beds to inmates
who have been released from a Federal, State or county
correctional facility but who will complete their sentences in a
community setting. This act shall apply to such entities whether
the inmates have been sentenced to a Federal, State or county
correctional institution.
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:
"Commences operations." The date on which a private
correctional center accepts its first inmate.
"Commonwealth party." As defined in 42 Pa.C.S. § 8501
(relating to definitions).
"Governing authority." The governing authority of the
municipality in which a private correctional center is proposed
to be operated.
"Inmate." An individual who has been sentenced to a Federal,
State or county correctional institution who will complete the
individual's sentence in a community setting.
"Local agency." As defined in 42 Pa.C.S. § 8501 (relating to
definitions).
"Private correctional center." A facility operated for
profit that provides services and beds to inmates.
"Provider." A corporation, partnership, limited liability
company, business trust, other association, estate, trust,
foundation or other entity or natural person that owns a private
correctional center. The term does not include a Commonwealth
party or local agency.
Section 4. Number of inmates.
Notwithstanding any provision of law to the contrary, a
private correctional center may not house more than two inmates
per 1,000 population of the municipality in which the center is
proposed to be operated.
Section 5. Notification to members of General Assembly.
(a) Notification.--Except as set forth in subsection (b), a
provider shall:
(1) Notify the members of the General Assembly
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representing the districts in which a private correctional
center is proposed to be operated no later than 180 days
before the center commences operations.
(2) Provide a copy of a notification under paragraph (1)
to the governing authority.
(b) Exception.--A private correctional center that will
commence operations within 180 days of the effective date of
this section shall make the notification required under
subsection (a)(1) within ten days of the effective date of this
section.
Section 6. Public hearing.
(a) Requirement.--A provider shall conduct a public hearing
in the municipality in which the provider proposes to operate a
private correctional center no later than 120 days before the
center commences operations, except as set forth in subsection
(b). At the public hearing, the provider shall:
(1) Explain the operation of the private correctional
center, including the following:
(i) Services to be provided.
(ii) Type of inmates to be housed.
(iii) Number of inmates to be housed.
(iv) Security measures to be employed.
(v) Contact information for officials of the center
for use by the public in submitting additional comments
or future contact.
(2) Provide an opportunity for public comment.
(3) Provide for transcription of the comments of
individuals speaking at the public hearing, including the
provider and the public.
(b) Exception.--A private correctional center that will
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commence operations within 120 days of the effective date of
this section shall conduct a public hearing under subsection (a)
within 30 days of the effective date of this section.
Section 7. Public notice of hearing.
(a) Notification required.--A provider shall provide notice
of the public hearing in a newspaper of general circulation on
at least two different dates prior to the date of the public
hearing.
(b) Contents of notice.--The notice shall provide
information regarding the purpose of the public hearing,
location and time of the public hearing and a telephone number
for individuals to call for additional information.
(c) Copy of notice.--The provider shall forward a copy of
the notice to the governing authority within 72 hours of
publication of the notice.
Section 8. Transcript.
(a) Copy of transcript.--A provider shall provide a copy of
the transcript of the public hearing held under section 6 to
members of the General Assembly representing the districts in
which the private correctional center is proposed to be operated
and to the governing authority.
(b) Time frame.--The transcript shall be provided to the
members of the General Assembly and the governing authority no
later than 72 hours after the transcript is made available to
the provider.
Section 9. Applicability.
This act shall apply to private correctional centers which
commence operations after the effective date of this act.
Section 10. Effective date.
This act shall take effect immediately.
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