On Page 2, After Line 3, Insert the Following

XXXXX / Sen. Blevins
2004 REGULAR SESSION / Doc. ID: 042031
Amend printed copy of SB 261

On page 2, after line 3, insert the following:

"Section 3. KRS 197.505 is amended to read as follows:

(1)Except as provided in this section, the state may enter into contracts with a private provider to establish, operate, and manage adult correctional facilities. In all such contracts the state shall retain clear supervisory and monitoring powers over the operation and management of the adult correctional facility to insure that the inmates are properly cared for and that the employees of the facility and the public are adequately protected.

(2)Any adult correctional facility operated by a private provider under this section shall ensure that all inmates housed in the facility, including those inmates housed under contract with another state, shall meet classification requirements as set forth by the department for the designated security level of the facility.

(3)Any adult correctional facility contracted for pursuant to this section shall be constructed only in a county with an established Kentucky State Police post or in a county in which at least two (2) State Police officers reside as a result of a duty assignment or in a county with a full-time police department.

(4)Effective January 1, 2004, the state shall not enter into contracts with a private provider to establish new adult correctional facilities, or to operate or manage adult correctional facilities that were not operated or managed by a contracting private provider prior to January 1, 2004.

(5)The state may renew contracts originally entered into prior to January 1, 2004, with a private provider to establish, operate, or manage adult correctional facilities, but shall not extend those contracts to establish new adult correctional facilities or to operate or manage other existing adult correctional facilities that are not expressly stated in the original contracts.

Section 4. The provisions of Section 3 of this Act shall apply retroactively to contracts entered into on or after January 1, 2004, and any contract with a private provider to establish, operate, or manage adult correctional facilities entered into in violation of Section 3 of this Act is null and void, and wholly unenforceable.

Section 5. Whereas the General Assembly finds that the Commonwealth is better served by prohibiting further privatization of prisons, an emergency is declared to exist, and Section 3 of this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming law."

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