2010 Arizona Revised Statutes
Title 41 - State Government
41-1609.02 Establishment of private prison facilities; notice; hearing

41-1609.02. Establishment of private prison facilities; notice; hearing

A. Before expanding an existing minimum or medium security level prison or before establishing a new minimum or medium security level prison, the director shall give consideration to contracting for private prisons for the incarceration of:

1. Prisoners convicted of offenses pursuant to title 28, chapter 4, article 3.

2. Prisoners convicted of offenses pursuant to title 13, chapter 14.

3. Female prisoners.

4. Prisoners over the age of fifty-five years.

5. Other inmate populations identified by the director.

B. Before entering into a contract with a private prison facility contractor for the incarceration of prisoners listed in subsection A of this section, the director shall determine that the contractor will provide at least the same quality of services as this state at a lower cost or that the contractor will provide services superior in quality to those provided by this state at essentially the same cost. In making this determination, the director shall consider the following:

1. Security.

2. Inmate management and control.

3. Inmate programs and services.

4. Facility safety and sanitation.

5. Administration.

6. Food service.

7. Personnel practices and training.

8. Inmate health services.

9. Inmate discipline.

C. The director shall identify from subsection A of this section, the appropriate inmate population for placement in privatized beds and the corresponding number of inmates. The director shall report the information to the governor, the legislature and the joint select committee on corrections by October 15 of every year for consideration in determining expansion of prison capacity.

D. The director may establish other private incarceration facilities that are dedicated to the confinement of persons who are sentenced to the department.

E. Before incurring any obligation for the establishment of any private incarceration facility, the department shall give at least sixty days' written notice to all of the following:

1. The president of the senate.

2. The speaker of the house of representatives.

3. The senate minority leader and the house of representatives minority leader.

4. The state senator and the state representatives whose legislative district includes the proposed site.

5. Any state senator and state representatives whose legislative district is located within two miles of the proposed site.

6. Each member of the county board of supervisors if the proposed site is in an unincorporated area or each member of the governing body of the city or town in which the proposed site is located.

7. Each member of the governing board of the local school district in which the proposed site is located.

F. The department shall hold a hearing in the county for an unincorporated area or in the city or town in which the potential site is located. The department shall publish a notice of the public hearing in a newspaper of general circulation in the area at least ten days before the hearing. After the public hearing, the department shall make a final site determination for the private incarceration facility.

G. The final site determination of a private incarceration facility is subject to review by the joint select committee on corrections pursuant to section 41-1610.04.