2011 House Bill 5174

Allow adult prisoners at (former) privatized youth prison

Introduced in the House

Nov. 10, 2011

Introduced by Rep. Jon Bumstead (R-100)

To allow the state to enter a contract to house adult prisoners at the former Michigan youth correctional facility in Baldwin, a privately owned and managed prison whose previous contract with the state was revoked by Gov. Jennifer Granholm in 2005.

Referred to the Committee on Appropriations

Dec. 14, 2011

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Feb. 16, 2012

Substitute offered

To replace the previous version of the bill with one that increases the threshold savings that would allow privatization from 5 percent to 10 percent. This substitute was defeated in favor of another that contains this and other changes. to replace the previous version of the bill with one that requires even greater savings before contracting out management of a prison. Note: Private prison management companies (like the one that formerly ran the Baldwin prison) are extremely unlikely to employ guards who belong to the state's largest prison guard union, because the terms of its contract are in large part why Michigan prisons reportedly cost more per prisoner than in other states. The prison guard union has lobbied heavily against this bill, and in favor of making it harder to privatize prisons.

The substitute failed by voice vote

Substitute offered by Rep. Jon Bumstead (R-100)

To replace the previous version of the bill with one that authorizes contracting with any private prison management company, not just the one that owns the Baldwin facility.

The substitute passed by voice vote

Amendment offered by Rep. Kate Segal (D-62)

To require private prison management companies to provide a list of all campaign contributions before being awarded a contract.

The amendment failed by voice vote

Amendment offered by Rep. Dian Slavens (D-21)

To tie-bar the bill to House Bill 5359, meaning this bill cannot become law unless that one does also. HB 5359 would prohibit giving a state contract to a vendor who has made campaign contributions in the past 12 months.

The amendment failed 46 to 62 (details)

Amendment offered by Rep. Barb Byrum (D-67)

To prohibit contracting out a prison to a company that allegedly has "a history of violations related to security," employment conditions, cost overruns, etc.

The amendment failed by voice vote

Amendment offered by Rep. Fred Durhal (D-6)

To require the privatized prison management company to have a <i>$1 billion</i> liability insurance policy.

The amendment failed by voice vote

Amendment offered by Rep. Barb Byrum (D-67)

To mandate that at least 10 percent of any subcontracts awarded by a privatized prison management company must be with Michigan companies.

The amendment failed by voice vote

Amendment offered by Rep. Kate Segal (D-62)

To mandate that at least 15 percent of any subcontracts awarded by a privatized prison management company must be with Michigan small businesses.

The amendment failed by voice vote

Amendment offered by Rep. Steven Lindberg (D-109)

To require additional reporting on a privatized prison management company's business officer compensation amounts, any security incidents, anticipated cost savings, etc.

The amendment failed by voice vote

Amendment offered by Rep. Steven Lindberg (D-109)

To require a privatized prison management company give current state prison guards (who are also current members of the SEIU-affiliated prison guard union) the first chance at any hiring.

The amendment failed by voice vote

Amendment offered by Rep. Steven Lindberg (D-109)

To require any "issues" related to work performed by prisoners at a privatized prison be resolved before a new state contract can be awarded to the management company.

The amendment failed 47 to 61 (details)

Amendment offered by Rep. Jeff Irwin (D-53)

To establish that a privatized prison is financially liable for any damages arising out of a security breach (whereas current statute exempts prisons run by the state are immune from such liability).

The amendment failed by voice vote

Amendment offered by Rep. Steven Lindberg (D-109)

To require certain privatized prison reports to be submitted to local governments as well as the legislature, and posted on the Department of Corrections website.

The amendment passed 108 to 0 (details)

Amendment offered by Rep. Fred Durhal (D-6)

To require certain privatized prison reports to be submitted to each member of local governments's government bodies, as well as to the local governments themselves.

The amendment failed by voice vote

Amendment offered by Rep. Steven Lindberg (D-109)

To also require the proposed 10 percent threshold savings required for privatization to go forward to apply to state administrative oversight.

The amendment failed by voice vote

Amendment offered by Rep. Barb Byrum (D-67)

To require a local citizens advisory council to be created to review "citizen complaints and concerns" about a privatized prison. This would not be required for a regular prison.

The amendment passed by voice vote