§25-5-4. Authority of the Commissioner of the Division of Corrections; Authority of Secretary of Department of Public Safety
(a) The commissioner of the Division of Corrections shall promulgate rules, in accordance with chapter twenty-nine-a of this code, to implement the provisions of this article. (b) The commissioner shall have the authority to recommend or to not recommend to the secretary that a prison vendor be granted the privilege of operating a prison facility […]
§25-5-5. Prohibition of Constructing or Operating a Correctional Facility; Exceptions
(a) No person may operate a private prison facility or provide correctional services in this state without first obtaining the written approval of the secretary. (b) No person may construct, modify, lease, or otherwise alter a private prison facility without first obtaining the written approval of the Regional Jail Authority. (c) Nothing in this section […]
§25-5-6. Authority of the State and Its Political Subdivisions to Contract for Correctional Services
A contracting agency of this state, its political subdivisions or their designee may contract with a prison contractor for the construction, lease, acquisition, improvement, operation, and management of correctional facilities and services.
§25-5-7. Granting Private Contractor Ability to Contract With Foreign Contracting Agencies
A private contractor upon the approval of the secretary and the Regional Jail Authority may contract for correctional services with foreign contracting agencies provided such contract meets the minimal requirements contained in section nine of this article. Upon approval the facility may receive inmates sentenced to confinement by a foreign authority.
§25-5-8. Reporting Requirements
The contractor shall prepare the following information and submit it to the commissioner, as applicable: (1) The prison vendor shall develop and implement a plan for the dissemination of information about the facility to the public, government agencies and the media. This information shall be made available to all persons. All documents and records, except […]
§25-5-9. Terms of Contract
Contracts awarded under the provisions of this article shall: (1) Provide for internal and perimeter security to protect the public, staff members and inmates. (2) Impose discipline on inmates only in accordance with the rules promulgated by the commissioner.
§25-5-10. Site Selection
The Regional Jail Authority shall approve the site for the proposed facility. Approval shall be in accordance with legislative rules promulgated in accordance with chapter twenty-nine-a of this code. One such legislative rule shall establish criteria for identifying and evaluating potential sites for private prisons and shall provide for a public hearing or hearings to […]
§25-5-11. Standards of Operation; Violations
(a) The facility shall be staffed at all times. The staffing pattern shall be adequate to ensure intense supervision of inmates and maintenance of security within the facility. The staffing pattern shall address the facility's operations and programs, transportation and security needs. In determining security need, considerations shall include, but not be limited to, the […]
§25-5-12. Access by Contracting Agency, Commissioner; Reimbursement of Expenses; Report by Commissioner
(a) The commissioner shall cause to be made such inspections of prison facilities as are necessary to effectively enforce the requirements of this article. The commissioner or his authorized representative or a contracting agency shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide […]
§25-5-13. Sovereign Immunity
The sovereign immunity of the state shall not extend to the contractor or its insurer.