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Bill would have regulated private prisons

Amanda J. Crawford The Arizona Republic Mar. 6, 2005 12:00 AM

Arizona doesn't regulate what kind of out-of-state inmates can be shipped to private prisons here and has very little oversight of the growing industry or control over where private prisons can be built.

A Democratic senator who wants to change that fears the state could become a "dumping ground" for the country's worst felons, such as murderers, rapists, those with infectious diseases or histories of escape attempts. But a Republican who blocked the bill from being heard in his committee says the legislation is about politics and opposition to the private prison industry, not public safety.

Though legislation doesn't appear to be going anywhere this session, private prisons will likely be a theme in many upcoming legislative sessions.

Sen. Bill Brotherton, D-Phoenix, called on his colleagues to resurrect legislation modeled after laws in other states to give Arizona the power to more tightly regulate private prisons, which he says face fewer restrictions than liquor stores.

He was joined Thursday by Attorney General Terry Goddard, Corrections Director Dora Schriro, neighborhood advocates and others at a press conference pushing for the new laws, which would require a strike-everything bill in order to be considered this session.

"I don't think Arizona should be the dumping ground for these folks," Brotherton said. "I think that public safety should be put before profits."

There are seven private facilities housing 7,300 prisoners in Arizona. While the state can regulate those with Arizona inmates through its contracts, most of the private prison inmates (5,400) are out-of-state or federal inmates. About 1,500 new out-of-state private prisoners are set to arrive soon, according to the Department of Corrections.

Brotherton's bill, which was not given a hearing in the government or commerce and economic-development committees before the deadline, would have restricted the types of prisoners that can be brought here, require private facilities to file information with the state, subject companies to civil penalties if they do not cooperate with rules and require public hearings before a facility's construction. Now, private prisons are subject to local zoning rules but not state approval.

Terry Stewart, a former state corrections director and private prison consultant, said he pushed for similar legislation a few years ago after a disturbance at a private prison in Florence in which law enforcement was denied access to the facility. He said some additional regulation is necessary.

But Sen. Jim Waring, R-Phoenix, who heads the government committee, said the bill is unnecessary and addresses problems that haven't occurred with out-of-state felons. "It is not like we are going to turn them loose on Main Street," he said.

Steve Owen, spokesman for Corrections Corporation of America, a private prison company that lobbied against the legislation, said private prisons are responsible corporate citizens who bring jobs to the state. He said, in general, his company opposes legislation that keeps it from addressing the needs of its customers.

"We have to have a place for these inmates somewhere," he said. "If we've got serious offenders that need to be locked up, we need to find a place for them."