T20CH8

Title 20 > T20CH8

Sections (10)

20-801

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-801. Definitions. In this chapter: (1) Contracting authority means a board of county commissioners or the governing body of a city. (2) Correctional facility means a facility for the confinement of prisoners. The term shall be construed to include references to terms including, but not limited to, prison, state prison, state penitentiary, governmental detention facility, penal institution (facility), correctional institution, detention institution (facility), county jail, jail, private prison (facility) or private correctional facility. The term does not include a treatment facility designed to evaluate and treat substance abuse when the treatment facility is operated under the direction of a political subdivision of the state of Idaho. (3) Governmental entity means a state, county, city, municipal corporation or other political subdivision of the state, or a territory of the United States and any political subdivision thereof. (4) In-state prisoner means a person who has been convicted of a crime in the state of Idaho and is either incarcerated or on parole for that crime or in custody for trial and sentencing, and who is being housed in any state, local or private correctional facility, or who is being transported in any manner within or through the state of Idaho. (5) Local correctional facility means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include references to county jail, or jail. The term shall also include a private correctional facility housing prisoners under the custody of the state board of correction, the county sheriff or other local law enforcement agency. (6) Medium security or medium custody means a security or custody classification reserved for prisoners who have demonstrated an ability to follow institutional rules and regulations, who may have a considerable amount of time remaining to serve and who may present an escape risk at a lower assigned custody level. (7) Minimum security or minimum custody means a security or custody classification reserved for prisoners who have continuously demonstrated an ability to follow institutional rules and regulations; who are either committed for a nonviolent crime or are committed on a violent crime; who are generally within twelve (12) months of parole eligibility; and who normally do not present an escape risk. (8) Out-of-state prisoner or out-of-state inmate means a person who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho. (9) Prisoner means a person who has been convicted of a crime in the state of Idaho and is either incarcerated or on parole for that c

20-802

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-802. Application of chapter. The provisions of this chapter shall not apply to contracts of the state of Idaho for the housing of inmates in a private prison facility or local government detention facility. History: [20-802, added 1998, ch. 360, sec. 1, p. 1124.]

20-803

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-803. Private prison contractors — Contract or approval required to construct and operate private prison facilities and to house out-of-state prisoners. (1) A private prison contractor may not construct or operate a private prison facility in this state except pursuant to a contract with the state of Idaho, as authorized in chapter 2, title 20 , Idaho Code, or pursuant to a written contract with a county or city of this state, as authorized by the provisions of this chapter. (2) A private prison contractor may not house in a private prison facility in this state prisoners who have been convicted of offenses committed against the laws of a governmental entity other than the state of Idaho and its political subdivisions except pursuant to a written contract with the board of county commissioners of the county in which the facility is located or the governing body of the city in which the facility is located, and only if the requirements of this chapter are met. History: [20-803, added 1998, ch. 360, sec. 1, p. 1124; am. 2001, ch. 335, sec. 2, p. 1180.]

20-804

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-804. Authority of county or city to house prisoners in a private prison facility. (1) A board of county commissioners or the governing body of a city may authorize the housing of specific minimum to medium security prisoners of the county or the city in a private prison facility pursuant to contract with the private prison contractor and subject to the review and approval of the prisoners by the department of correction. Provided, however, that in no event shall a board of county commissioners or the governing body of a city authorize, nor shall the department of correction approve, housing of any maximum or close custody prisoners, inmates imprisoned for sexual offenses or prisoners with a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined, or a history or record of escape or attempted escape from secure custody. (2) A board of county commissioners may not contract with a private prison contractor in which a commissioner or an elected or appointed peace officer or other county official has an interest pursuant to chapter 5, title 74 , Idaho Code. The governing body of a city may not contract with a private prison contractor in which the mayor, a member of the city council, or any appointed peace officer or other city official has an interest pursuant to chapter 5, title 74 , Idaho Code. A contract made in violation of the provisions of this subsection is voidable. History: [20-804, added 1998, ch. 360, sec. 1, p. 1125; am. 2001, ch. 335, sec. 3, p. 1180; am. 2015, ch. 141, sec. 27, p. 407.]

20-805

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-805. Contracts with a private prison contractor. (1) A board of county commissioners or the governing body of a city, may enter into a contract with a private prison contractor for the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services, subject to the following requirements and limitations: (a) Any request for proposals, any original contract, any contract renewal, any price or cost adjustment or any other amendment to any contract for the incarceration of individuals in a private prison facility shall be reviewed and approved by the contracting authority. The contract shall be in a form as provided for by the department of administration in consultation with the department of correction; (b) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the contracting authority that the contractor possesses the necessary qualifications and experience to provide the services specified in the contract; that the contractor can provide the necessary qualified personnel to implement the terms of the contract; that the financial condition of the contractor is such that the terms of the contract can be fulfilled; that the contractor has the ability to comply with applicable court orders and meet corrections standards; and that the proposed private prison facilities or the correctional services proposed by the contractor meet constitutional minimums; (c) The contract shall provide for the assumption of liability by the private prison contractor for all claims arising from the services performed under the contract by the private prison contractor; (d) No contract authorized by the provisions of this section shall be awarded until the private prison contractor provides a policy of insurance for all claims satisfactory to the contracting authority specifically including, but not limited to, insurance for civil rights claims as determined by a risk management or actuarial firm with demonstrated experience in public liability for state governments. The insurance policy shall provide coverage for the private prison contractor and its officers, guards, employees and agents as well as insure the state, including all state agencies, and all political subdivisions of the state with jurisdiction over the facility or in which a facility is located against all claims arising from the services performed under the contract by the private prison contractor, its officers, guards, employees and agents. The private prison contractor shall immediately provide written notification of cancellation of insurance to the state department of correction and the contracting authority. The private prison contractor may not self-insure. Proof

20-806

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-806. Private prison facilities — Requirements — licensing. A private prison contractor that has contracted for the location or operation of a private prison facility within a county or a city of this state shall comply with the following requirements: (1) An individual, corporation, partnership, association, or other private organization or entity may not operate a private prison facility in this state unless licensed by the department of correction. The board of correction shall have the power and it shall be its duty to promulgate rules necessary to implement and enforce standards for the licensing and operation of private prison facilities as set forth pursuant to this chapter. Applications for licenses shall be made on forms provided by the department of correction and accompanied by the required license fee. Licenses for the operation of private prisons shall be nontransferable. A license may be revoked if the facility fails to meet the standards and provisions of this chapter. All final decisions by the board shall be subject to review pursuant to the provisions and procedures of the administrative procedure act, chapter 52, title 67 , Idaho Code; (2) The facility shall meet correctional standards satisfying constitutional minimums, state and federal laws and applicable court orders; (3) If the private prison facility is located on land owned by the county or the city or other publicly owned land which is not subject to real property taxes, the county or the city, if the facility is located within the limits of the city, may require the private prison contractor to pay fees to the county or the city in lieu of property taxes, as compensation for the costs to the county or the city of regulating, monitoring and providing services to the facility; (4) The facility must provide internal and perimeter security to protect the public, employees and prisoners; (5) The private prison contractor shall impose discipline on prisoners only as permitted by correctional standards satisfying constitutional minimums, state and federal laws, and applicable court orders; (6) The private prison contractor shall provide prisoners with proper food, clothing, housing and medical care in accordance with constitutional minimums, state and federal laws, and applicable court orders. The private prison contractor shall require that anyone providing professional services to prisoners shall be licensed as provided by the state of Idaho if the professional would be required to be licensed in the state of Idaho to provide services to the general public; (7) The private prison contractor shall allow access to the facility at all times and cooperate with all state and local authorities and their designees in the performance of their duties pursuant to section 20-805 (4), Idaho Code, and section 20-808 , Idaho Code. History: [20-806, added 1998, ch. 360, sec. 1, p. 1127; am. 2001, ch. 335, sec. 5,

20-807

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-807. Out-of-state prisoners. (1) A board of county commissioners may authorize a private prison contractor operating a private prison facility within the county and the governing body of a city may authorize a private prison contractor operating a private prison facility within the city to house specific minimum to medium security prisoners convicted of offenses committed against the laws of a governmental entity other than the state of Idaho or its political subdivisions pursuant to contract with the private prison contractor and subject to the review and approval of the prisoners by the department of correction. Provided however, that in no event shall a board of county commissioners or the governing body of a city authorize, nor shall the department of correction approve, housing of any maximum or close custody prisoners, inmates imprisoned for sexual offenses or prisoners with a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined, or a history or record of escape or attempted escape from secure custody. (2) Out-of-state prisoners may be housed in a private prison facility only if the following requirements are met: (a) The custody level capacity and availability in the private prison facility is adequate to house the prisoners; (b) The private prison contractor and the board of county commissioners or the governing body of the city, in cooperation with state and local law enforcement agencies, and other appropriate governmental entities and agencies, have developed a written plan explaining the procedure to be used to coordinate law enforcement and other necessary activities in response to any riot, rebellion, escape or other emergency situation occurring in or on the grounds of, or otherwise in connection with, the facility; (c) The private prison facility meets standards for the care, custody, treatment and control of prisoners which comply with constitutional minimums, state and federal laws and applicable court orders and any additional standards required by the county or the city; (d) Each prisoner to be paroled or released from custody must be transported and released by the private prison contractor or its agent in the sending governmental entity’s jurisdiction; (e) Before transferring the prisoner to Idaho, the private prison contractor shall obtain prior approval of the department of correction pursuant to the provisions of this chapter. Prior to housing any proposed prisoner in the private prison facility, all records in the possession of, or available to, the sending entity including, but not limited to, classification, medical information, conduct and confinement history of the prisoner shall be provided to the department of correction f

20-808

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-808. Monitoring private prisons. In addition to and without limiting the authority provided in this chapter or by contract entered into pursuant to section 20-805 , Idaho Code, or as provided by other applicable law, the board of county commissioners, the county sheriff, the prosecuting attorney or the authorized agents and employees of a county in which a private prison facility is located and the governing board of a city, the city attorney, law enforcement personnel of the city and other authorized agents and employees of the city in which a private prison facility is located, shall be authorized to monitor the facility and to enter the facility and the grounds thereof for the following purposes: (1) To determine if the private prison contractor, its personnel and the private prison facility are in compliance with the provisions of this chapter, all laws of the state of Idaho and any ordinances or written policies and procedures of the county or city governing the private prison facility; (2) To investigate any criminal conduct which has occurred, is occurring or is alleged to have occurred in or on the grounds of, or otherwise in connection with, the facility; (3) To determine whether the facility is being operated in a manner which adequately safeguards and protects the safety of the public; (4) To review prisoner security or custody classifications to determine whether any classifications need to be revised. History: [20-808, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec. 7, p. 1189.]

20-809

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-809. Riot, rebellion, escape, crime or emergency situation — Notice — Reimbursement for costs. (1) The private prison contractor, its officers, guards, employees, and agents shall immediately notify the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, along with any other law enforcement or other governmental entities, agencies or personnel which the county or the city may require to be informed, of any riot, rebellion, escape, crime or other emergency situation occurring inside or outside the facility. (2) In the event of an escape by a prisoner from a private prison facility to which this chapter applies, the private prison contractor must contact the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, and any other governmental entities or agencies which the county or city may require to be informed, upon receiving knowledge of the escape, but may attempt to apprehend the prisoner while the search or pursuit is on the private prison contractor’s private property. In the event that the escaping prisoner flees from the private prison contractor’s private property, the sheriff of the county, in cooperation with city law enforcement as appropriate, shall organize and have jurisdiction over the pursuit and apprehension of the prisoner. (3) A private prison contractor shall reimburse Idaho governmental entities for costs incurred by the entities in responding to any riot, rebellion, escape, crime or other emergency situation occurring in or on the grounds of, or otherwise in connection with, the facility. The private prison contractor shall also reimburse Idaho governmental entities for costs incurred by the entities with respect to the investigation, prosecution, detention or appellate litigation, without regard to whether conviction is obtained, of a prisoner charged with a crime resulting from a riot, rebellion, escape or other criminal conduct. (4) If a prisoner commits a criminal offense while confined in a private prison facility in this state and is convicted of or pleads guilty to that offense and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the prisoner shall be returned to the out-of-state jurisdiction or the out-of-state jurisdiction’s private contractor for confinement. The prisoner shall not begin serving the term of confinement imposed for the offense committed while confined in this state until such time as the prisoner is released from the custody of the out-of-state jurisdiction. The private prison contractor or its agent will transport the prisoner, or cause the prisoner to be transported, to the out-of-state jurisdiction. If the prisoner is confined in this state in a facility operated by, or pursuant to a state contract with, the department of correction for any period of time prio

20-812

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 8 PRIVATE PRISON FACILITIES 20-812. Enforcement — Available remedies — Civil penalty. (1) The county prosecuting attorney shall have authority to enforce the provisions of this chapter, and any county ordinances enacted, or written policies or procedures adopted by the county with respect to the operation of a private prison facility in the county, or any contract entered into between a board of county commissioners and a private prison contractor by civil action and may seek all available civil remedies including injunction. If the prosecuting attorney prevails in the action, the private prison contractor shall be liable to the county for attorney’s fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located. (2) The city attorney shall have authority to enforce the provisions of this chapter, and any city ordinances enacted or written policies or procedures adopted by the governing body of the city with respect to the operation of a private prison facility within the city, or any contract entered into between the governing body of a city and a private prison contractor by civil action and he may seek all available civil remedies including injunction. If the city attorney prevails in the action, the private prison contractor shall be liable for attorney’s fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located. (3) In addition to any other remedies, a private prison contractor constructing, renovating or operating a private prison facility in this state in violation of the provisions of this chapter, or any ordinances enacted or written policies or procedures adopted by a county or city governing the construction, renovation or operation of a private prison facility, or a contract entered into pursuant to this chapter shall be subject to a civil penalty in an amount not to exceed five thousand dollars ($5,000) for each separate violation or for each day of a continuing violation. History: [20-812, added 1998, ch. 360, sec. 1, p. 1130; am. 2001, ch. 335, sec. 9, p. 1190.]