Judge Blocks State From Signing Prison Contract Senator Wants Lawmakers To Examine Deal; State To Argue Its Case Monday

A judge has granted state Sen. Stan Hawkins’ request to block Idaho’s signing of a contract for a large private prison.

The state will argue its case in court Monday.

Fourth District Judge J. Duff McKee issued a temporary restraining order, which will expire on Dec. 31 if not extended. He also set a hearing for 3:30 p.m. Monday in Boise.

“We’ll be ready,” said Correction Department spokesman Mark Carnopis. “We’ll present a good case. We still feel pretty solid in our conviction on this.”

Hawkins says the Board of Correction shouldn’t sign the contract until legislators look it over during the session that starts Jan. 12. He also contends that the board will waste taxpayer money - as much as $50 million - by awarding the contract to Corrections Corporation of America, the top-ranked bidder, because the firm didn’t have the least expensive bid.

CCA’s bid was the fifth-lowest of the eight bids received, but cost was just one of three areas in which the bids were evaluated. The other two were the quality of the proposals to build and run the 1,250-bed prison, and the company’s qualifications for the job.

Gov. Phil Batt and House Speaker Mike Simpson on Thursday dismissed Hawkins’ attempts to delay the prison contract and said they were confident the state acted properly and would prevail in court.

“I would agree there’s no particular harm in a slight delay of this,” Gov. Batt said. “But the question is whether the state can follow through on a legally binding contract. I don’t think the state should be defaulting on its contracts. If we do, I think we’ll pay a price.”

Said Simpson, “It was not the low bid, but it was the most comprehensive and complete bid. We will spend taxpayer money defending that, and we will ultimately sign the contract.”

Hawkins, R-Ucon, filed suit as an individual, as a state senator and as a member of the Legislature’s budget committee. Hawkins is exploring a run for Congress.

Judge McKee, in his order, wrote that “immediate and irreparable injury or loss would occur” if the contract-signing isn’t delayed.

, DataTimes