Foreign Private Prison Commission.

Existing law provides for the administration of the state correctional system by the Department of Corrections and Rehabilitation under the direction of the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the department to prepare plans for, and construct facilities and renovations within its master plan for which funds have been appropriated by the Legislature. This bill would establish the Foreign Private Prison Commission, which, in cooperation with the Department of Corrections and Rehabilitation, would be responsible for the operation and administration of private prison facilities that are located in Mexico to house foreign nationals who have been convicted in California of a criminal offense that makes a foreign national subject to deportation under the federal Immigration and Nationality Act. The bill would require the commission to conduct a cost comparison of executed privatization contracts every 5 years, and if the commission determines that the private prison facility costs are lower than costs of this state to provide the same services, would require12 of the difference between the state's costs and the private prison's costs to be deposited into the Correctional Service Fund, which would be established by the bill. Moneys in the Correctional Service Fund would be available to the department for purposes of implementing the provisions of the bill upon appropriation by the Legislature. The bill would become operative only if, before July 1, 2017, the United States enters into a treaty with Mexico to allow the incarceration of inmates outside of the United States in private prisons.