Private Prison Information Act of 2007

[AmericanCO]

Private Prison Information Act of 2007


In 2005 Richard Loud, ACO President Vito Dagnello and Richard Feruccio President of the Rhode Island Brotherhood of Correctional Officers went to Washington, DC to secure sponsors for the Private Prison Act. The Private Prison Act was originally drafted by the Legislative Committee of Richard Loud, Brian Dawe, Dean Balmer and Vito Dagnello. Messrs. Loud, Dagnello and Ferruccio were successful and the bill was introduced in the House of Representatives by Representatives Strickland (D-Ohio), King (R-New York), Holden (D-Pennsylvania), and Kennedy (D-Rhode Island). Last week Representative Holden reintroduced the bill as HR 1889, the Private Prison Information Act of 2007.
This is a very important piece of legislation. When we drafted it our intent was to engage the privateers and force them to defend what we believe is the indefensible, namely their refusal to disclose information to the same extent as we in the public sector must. This legislation helps to level the playing field. It was also our intent to introduce it at the federal level. By doing so we hoped to 1) help our fellow Officers with the AFGE working in our federal facilities and 2) to lay the ground work for this legislation to be introduced in every state in the nation. By introducing this at the federal level we are providing a model for our members in the states to draft from.
The Legislative Committee was also able to secure support of this legislation from the American Correctional Association (yes, we were more surprised then anyone!) and the Commission on Safety and Abuse in America’s Prisons. We also received support from numerous unions and associations. Please ask your union to send a letter to your state representative in support HR 1889.
You can track the bill by going to Untitled Document and checking on its status. You can also see if your representative has signed on in support of this measure. If they haven’t please call them and ask them to support the Private Prison Act of 2007 and to sign on to the bill. If they have, please call them and thank them for their support.
For the price of one phone call you can help your profession and help ACO/ACOIN stem the growth of private prisons. Call your Representative today. Here is a list of the current sponsors and most recent action on the bill. The entirety of the bill follows.
Thanks and stay safe.





H.R.1889
Title: To require prisons and other correctional facilities holding Federal prisoners under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to do by law.
Sponsor: Rep Holden, Tim [PA-17] (introduced 4/17/2007) Cosponsors (9)
Latest Major Action: 4/17/2007 Referred to House committee. Status: Referred to the House Committee on the Judiciary.

COSPONSORS(18), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Rep Brady, Robert A. [PA-1] - 4/17/2007 Rep Courtney, Joe [CT-2] - 6/28/2007
Rep Dingell, John D. [MI-15] - 5/22/2007 Rep Ellsworth, Brad [IN-8] - 4/17/2007
Rep Gonzalez, Charles A. [TX-20] - 5/7/2007 Rep Herseth Sandlin, Stephanie [SD] - 5/3/2007
Rep Hinchey, Maurice D. [NY-22] - 6/19/2007 Rep Jackson-Lee, Sheila [TX-18] - 4/17/2007
Rep Kennedy, Patrick J. [RI-1] - 5/23/2007 Rep Kilpatrick, Carolyn C. [MI-13] - 4/17/2007
Rep LaHood, Ray [IL-18] - 4/17/2007 Rep LoBiondo, Frank A. [NJ-2] - 4/17/2007
Rep McCarthy, Carolyn [NY-4] - 4/17/2007 Rep Meeks, Gregory W. [NY-6] - 5/22/2007
Rep Miller, Jeff [FL-1] - 4/17/2007 Rep Murtha, John P. [PA-12] - 4/17/2007
Rep Payne, Donald M. [NJ-10] - 6/5/2007 Rep Peterson, Collin C. [MN-7] - 4/25/2007


Private Prison Information Act of 2007 (Introduced in House)
HR 1889 IH
110th CONGRESS
1st Session
H. R. 1889
To require prisons and other correctional facilities holding Federal prisoners under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to do by law.
IN THE HOUSE OF REPRESENTATIVES
April 17, 2007
Mr. HOLDEN (for himself, Mr. LOBIONDO, Mr. ELLSWORTH, Mr. MURTHA, Mr. BRADY of Pennsylvania, Ms. KILPATRICK, Mrs. MCCARTHY of New York, Ms. JACKSON-LEE of Texas, Mr. MILLER of Florida, and Mr. LAHOOD) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To require prisons and other correctional facilities holding Federal prisoners under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to do by law.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Private Prison Information Act of 2007'.
SEC. 2. FREEDOM OF INFORMATION REQUIREMENT FOR CONTRACT PRISONS.
(a) In General- Each nongovernmental entity contracting with the Federal Government to incarcerate or detain Federal prisoners in a privately owned prison or other correctional facility shall have the same duty to release information about the operation of that prison or correctional facility as a Federal agency operating such a facility would have under the Freedom of Information Act (5 U.S.C. 552).
(b) Regulations- A Federal agency that contracts with a nongovernmental entity to incarcerate or detain Federal prisoners in a privately owned prison or other correctional facility shall promulgate regulations or guidance to ensure compliance by the nongovernmental entity with the terms of such contract.
(c) Civil Action- Any party aggrieved by a violation of the duty established in subsection (a) may, in a civil action, obtain appropriate relief against the nongovernmental entity operating the facility or against any other proper party.
(d) Definition- In this section, the term `privately owned prison or other correctional facility' includes privately owned prisons or other correctional facilities that incarcerate or detain prisoners pursuant to a contract with--
(1) the Federal Bureau of Prisons;
(2) Immigration and Customs Enforcement; or
(3) any other Federal agency.