CORRECTIONS; PRISONS AND PRISONERS;

PRISONS AND PRISONERS;

You asked for recent legislation and information on transfers of prisoners out-of-state.

SUMMARY

Legislation enacted this year authorizes the Department of Correction (DOC) commissioner to enter contracts with government or private vendors to supervise up to an additional 2,000 inmates out-of-state. The act also allows DOC to enter a contract, without following the competitive bidding or negotiation requirements, with the vendor who has a contract with DOC under its authority to send up to 500 inmates out-of-state (the Virginia Department of Corrections) for any number of the additional inmates.

A provision in a bill that was recently the subject of a public hearing on prison overcrowding would alter the law regarding transfers. This bill contains a number of other provisions and our analysis of the bill is available at your request.

Scott Semple, DOC liaison, provided us with a summary of the criteria currently used to screen inmates for transfer to the Greensville facility in Virginia. Different criteria apply to involuntary and voluntary transfers. A copy is attached. Also attached is an OLR report that describes how inmates were chosen for the first six groups sent to Virginia in 1999 and 2000.

RECENT LEGISLATION

Recent legislation authorizes the DOC commissioner to enter contracts with government or private vendors to supervise up to an additional 2,000 inmates out-of-state (June 30 Special Session, PA 03-6, §§ 156-157). The act gives DOC this authority for the next two fiscal years (ending June 30, 2005). The 2,000 inmates are in addition to the 500 inmates that the law already authorizes for transfer to out-of-state supervision under a contract with a government or private vendor. This authority is also in addition to the commissioner’s powers under the Interstate Corrections Compact.

The act allows DOC to enter a contract, without following the competitive bidding or negotiation requirements, with any government vendor who, on August 20, 2003, had a contract with DOC under its authority to send up to 500 inmates out-of-state. DOC had a contract with the Virginia Department of Corrections on that date. The new contract can be for any number of the additional 2,000 inmates that the vendor is willing to accept. If Virginia does not accept additional inmates or does not accept all 2,000 inmates, the act allows the commissioner to enter contracts with any other government or private vendor to supervise all or some of the remaining inmates.

The act requires a vendor under a new contract to agree to the provisions of the Interstate Corrections Compact and any facility that receives inmates under the contract must be in a state that has adopted the Interstate Corrections Compact. This provision already applies to the contract to send 500 inmates out-of-state.

The act authorizes the Office of Policy and Management to transfer funds appropriated to DOC in June 30 Special Session, PA 03-1 as needed without the Finance Advisory Committee’s prior approval during the two fiscal years for this purpose.

PROPOSED LEGISLATION

A provision in a bill (LCO 8132, § 11) that was recently the subject of a public hearing on prison overcrowding would alter the law regarding transfers.

Regarding DOC’s new authority to enter contracts to supervise up to an additional 2,000 inmates out-of-state, the bill:

1. limits DOC’s authority to enter these contracts to only during this fiscal year, rather than during the next two fiscal years (ending June 30, 2005);

2. only allows contracts with government vendors and not private vendors;

3. limits the duration of contracts to two years;

4. requires the DOC commissioner to submit the contract to the Appropriations and Judiciary committees for review and comment before entering the contract; and

5. eliminates a provision allowing DOC to enter a contract with any government vendor who on August 20, 2003 had a contract with DOC under its authority to send up to 500 inmates out-of-state without following the competitive bidding or negotiations requirements. (DOC had a contract with the Virginia Department of Corrections on that date. )

Regarding DOC’s original authority to enter contracts for the supervision of up to 500 inmates out-of-state, the bill limits these contracts to up to two years and allows them only with a government vendor, eliminating the option of contracts with a private vendor.

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