Prisons and Reformatory Institutions - As introduced, prohibits the commissioner of the department of correction and a local governmental entity from entering into, renewing, or extending a contract for correctional services with a private prison contractor; deletes the Private Prison Contracting Act of 1986 upon the expiration of all such contracts. - Amends TCA Title 8; Title 9; Title 12 and Title 41.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1239Date
    Sponsor change.01/10/2024
    Sponsor(s) withdrawn.01/10/2024
    Sponsor change.04/10/2023
    Taken off notice for cal in s/c Corrections Subcommittee of State Government Committee03/21/2023
    Placed on s/c cal Corrections Subcommittee for 3/21/202303/15/2023
    Assigned to s/c Corrections Subcommittee02/07/2023
    P2C, ref. to State Government Committee02/02/2023
    Intro., P1C.02/01/2023
    Filed for introduction01/31/2023
    Actions For SB1515Date
    Assigned to General Subcommittee of Senate State and Local Government Committee03/21/2023
    Placed on Senate State and Local Government Committee calendar for 3/21/202303/14/2023
    Passed on Second Consideration, refer to Senate State and Local Government Committee02/06/2023
    Introduced, Passed on First Consideration02/02/2023
    Filed for introduction02/02/2023
  • No amendments for HB1239.
    No amendments for SB1515.

  • Videos containing keyword: HB1239

  • Fiscal Summary

    Increase State Expenditures – Exceeds $2,225,500/FY23-24 and Subsequent Years Other Fiscal Impact – Additional fiscal impacts will be realized. The precise amount and timing of any net fiscal impact to state and local government is unable to be determined with reasonable certainty.


    Bill Summary

    Under the Private Prison Contracting Act of 1986, the commissioner of correction is authorized to enter into contracts for "correctional services," which is defined as the following functions, services, and activities, when provided within a prison or otherwise:

    (1) Education, training, and jobs programs;

    (2) Recreational, religious, and other activities;

    (3) Development and implementation assistance for classification, management information systems, or other information systems or services;

    (4) Food services, commissary, medical services, transportation, sanitation, or other ancillary services;

    (5) Counseling, special treatment programs, or other programs for special needs;

    (6) Operation of facilities other than transitional facilities, including management, custody of inmates, security, and other associated services and activities; and

    (7) Operation of transitional facilities.

    Contracts for correctional services may be entered into subject to the requirements and procedures of law. A contract for correctional services is authorized only for one medium security or minimum security facility opened after July 1, 1991, and only according to the requirements and procedures specified. No contract must be authorized for a facility intended primarily to serve special needs inmates. Any inmate sentenced to confinement in the department must be legally eligible to be incarcerated in a facility in which a prison contractor is providing correctional services pursuant to this chapter.

    Contracts for correctional services may include incentives or disincentives; provided, that the incentives or disincentives are based on quantifiable measurements of performance that are described in the request for proposal and contract. The total of all incentive payments must not exceed 5 percent of the total contract price per annum. This must not be construed to prohibit or restrict the use of liquidated damages as a remedy for a contractor's breach of contract.

    This bill deletes these provisions regarding contracts with providers for correctional services in their entirety. Instead, the commissioner or a state or local governmental entity is prohibited from entering into, modifying, or renewing a contract with a prison contractor for correctional services or for housing inmates on or after the effective date of this bill. It is required that upon expiration of each contract with a prison contractor, inmates housed within the facility previously operated by the prison contractor must be transferred by the department or local governmental entity to a suitable correctional facility or jail.

    This bill requires the commissioner to prescribe rules to facilitate the winding down of the present provisions of law, including rules regarding:

    (1) The transfer of inmates and prisoners;

    (2) The transfer of records; and

    (3) The manner in which to utilize funds that may become available as the result of the termination of contracts pursuant to this section to improve the correctional system at both the state and local levels.

    This bill requires that upon the expiration of the last contract with a prison contractor, the Private Prison Contracting Act of 1986 be repealed, removing all authority for the state or local governmental entity to enter into a contract for prison services from a private provider. The commissioner is required to inform the secretary of the Tennessee Code Commission of the expiration of the last contract.

  • FiscalNote for HB1239/SB1515 filed under HB1239
  • House Floor and Committee Votes

    Votes for Bill HB1239 by the House are not available.

    Senate Floor and Committee Votes

    Votes for Bill SB1515 by the Senate are not available.