HCS HB 529 -- REGIONAL JAIL DISTRICTS (Crump)

Current law allows counties other than charter counties with a
population over 400,000 to impose a 1/4, 3/8, or 1/2 of 1% sales
tax for the purpose of providing law enforcement services.  This
substitute also allows up to a 1/8 of 1% sales tax for the same
purpose; which would include entering into agreements to build,
operate, and maintain a regional jail.  The substitute specifies
additional ballot language and an effective date for ordinances
enacting the sales tax.  In addition, the substitute:

(1)  Expands the authority of regional jail districts by
allowing them to adopt bylaws, rules, and regulations; maintain
offices; execute leases, contracts, and compromises; construct,
maintain, and operate jail facilities;  collect rental fees and
other charges for the use of a facility; and issue bonds;

(2)  Contains provisions regarding bonds, notes, and other
obligations.  Obligations are only payable through member
contributions or revenues derived from the jail's operation.
Obligations constitute a negotiable instrument.  Issuance of
district obligations do not obligate the state or member
counties.  Regional jail districts are exempt from all state
taxes and interest on obligations;

(3)  Prohibits a county which is a member of a regional jail
district from terminating a regional jail district agreement on
the basis that the county does not approve of the proposed jail
district budget;

(4)  Requires the county sheriff to follow and not exceed the
recommended standards and guidelines of the American
Correctional Association regarding private prisons.  Private
facilities are required to meet other standards which include
financial responsibility and liability and meeting operational
standards applicable to the state's correctional facilities.
Private facilities must provide for prisoner transfer, juvenile
detention, and allow periodic inspections.  Private prisons
which violate these standards are subject to fine;

(5)  Permits the county sheriff or the chief operating officer
of a county jail or county correctional facility to deny
visitation privileges to or refer to the county prosecutor any
person who delivers or attempts to deliver prohibited items to
persons housed in a county facility. Person found to be in
violation shall be guilty of an infraction.  It is also a class
D felony to knowingly damage jail property; and

(6)  Requires the Department of Corrections to contract with
correctional or jail facilities within the state before
contracting with other states.  No jail can charge more than the
federal per diem that is being paid to the nearest jail
currently housing state prisoners. Per diem is described as
reasonable expenses for housing and meals.

FISCAL NOTE:  Estimated Net Effect to General Revenue Fund of
Unknown in FY 1998, FY 1999, & FY 2000.  Estimated Net Effect to
Blind Pension Fund* of Unknown in FY 1998, FY 1999, & FY 2000.
*Loss of income is estimated to be less than $100,000 annually.

HCS HB 529 -- REGIONAL JAIL DISTRICTS

SPONSOR:  Crump

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Correctional and State Institutions by a vote of 15 to 0.

Current law allows counties other than charter counties with a
population over 400,000 to impose a 1/4, 3/8, or 1/2 of 1% sales
tax for the purpose of providing law enforcement services.  This
substitute also allows a 1/8 of 1% sales tax for the same
purpose; which would include entering into agreements to build,
operate, and maintain a regional jail.  The substitute specifies
additional ballot language and an effective date for ordinances
enacting the sales tax.  In addition, the substitute:

(1)  Expands the authority of regional jail districts by
allowing them to adopt bylaws, rules, and regulations; maintain
offices; execute leases, contracts, and compromises; construct,
maintain, and operate jail facilities;  collect rental fees and
other charges for the use of a facility; and issue bonds;

(2)  Contains provisions regarding bonds, notes, and other
obligations.  Obligations are only payable through member
contributions or revenues derived from the jail's operation.
Obligations constitute a negotiable instrument.  Issuance of
district obligations do not obligate the state or member
counties.  Regional jail districts are exempt from all state
taxes and interest on obligations;

(3)  Prohibits a county which is a member of a regional jail
district from terminating a regional jail district agreement on
the basis that the county does not approve of the proposed jail
district budget;

(4)  Requires the county sheriff to establish and enforce
certain criteria regarding private prisons.  These standards
include financial responsibility and liability and meeting
operational standards applicable to the state's correctional
facilities.  Private facilities must provide for prisoner
transfer, juvenile detention, and allow periodic inspections.
Private prisons which violate these standards are subject to
fine;

(5)  Permits the county sheriff or the chief operating officer
of a county jail or county correctional facility to deny
visitation privileges to or refer to the county prosecutor any
person who delivers or attempts to deliver prohibited items to
persons housed in a county facility.  It is a class D felony to
knowingly damage jail property; and

(6)  Requires the Department of Corrections to contract with
correctional or jail facilities within the state before
contracting with other states.  No jail can charge more than the
federal per diem that is being paid to the nearest jail
currently housing federal prisoners.

FISCAL NOTE:  Estimated Net Effect to General Revenue Fund of
Unknown in FY 1998, FY 1999, & FY 2000.  Estimated Net Effect to
Blind Pension Fund of Unknown in FY 1998, FY 1999, & FY 2000.

PROPONENTS:  Supporters say that current law allows counties to
dissolve their regional jail agreements by not approving the
operating budget.  This would make it a little tougher for
counties to back out of their agreements and hold all the
counties in the district accountable by making sure they fulfill
their financial obligations to the jail district.

Testifying for the bill were Representative Crump; and the
Missouri Association of Counties.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Dominique, Research Analyst

HB 529 -- Regional Jail Districts

Sponsor:  Crump

This bill prohibits a county which is a member of a regional
jail district from terminating a regional jail district
agreement on the basis that the county does not approve of the
proposed jail district budget.