Sec. 4. Prohibition on private entities running prisons housing State and local prisoners after 3 years
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/bill/115/hr/3227/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term facility housing adult prisoners or detainees in the custody of a State or local government does not include a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility that is not within the confines of a jail or prison. Except as provided in subsection (c), on and after the date that is 2 years after the date of enactment of this Act— no private entity engaged in or affecting interstate commerce shall own or have direct, operational control over a facility housing adult prisoners or detainees in the custody of the State or local government; and no private entity engaged in or affecting interstate commerce shall perform core correctional services at such a facility.
If the Attorney General determines that a State or local government requires services from a private entity that are described in subsection
(b)after the date that is 2 years after the date of enactment of this Act, the Attorney General may waive the application of subsection
(b)as to that private entity for not more than 1 year. The Attorney General may bring a civil action in an appropriate district court of the United States for such declaratory or injunctive relief as is necessary to carry out this section.