Section 7-22-111 – Termination of Contract and Resumption of Control.
7-22-111. Termination of contract and resumption of control. (a) The board or the local government may, upon demonstration that a breach of contract has occurred and that after the passage of a reasonable period of time the breach has not been cured, without penalty to the state or the local government, cancel a contract for […]
Section 7-22-112 – Nondelegation of Authority.
7-22-112. Nondelegation of authority. (a) No contract for private correctional services under this article shall authorize, allow or imply a delegation to a private contractor of authority or responsibility to: (i) Classify inmates or place inmates in less restrictive custody or more restrictive custody; (ii) Transfer an inmate, although the contractor may recommend in writing […]
Section 7-22-113 – Authority of State to Contract With Local Governments.
7-22-113. Authority of state to contract with local governments. The state may contract with any local government or private contractor which is responsible for the maintenance or operation of a facility to house in the facility inmates or prisoners of the state penitentiary or any other facility operated or under the control of the state, […]
Section 7-22-114 – Rulemaking Authority.
7-22-114. Rulemaking authority. The state or the local government shall promulgate reasonable rules and regulations necessary to carry out this article.
Section 7-22-115 – Contract Authorizing Operation Required; Exception.
7-22-115. Contract authorizing operation required; exception. (a) No private entity shall construct, operate or manage any private jail, prison or other structure to house or incarcerate inmates or prisoners in this state except pursuant to contract under this article. (b) Subsection (a) of this section shall not apply to a nongovernmental community correctional facility or […]
Section 7-22-106 – Private-Company Detention Officers; Use of Force.
7-22-106. Private-company detention officers; use of force. (a) No person shall be employed as a private-company detention officer unless the person has been trained in the use of force and the use of firearms in accordance with American correctional association standards, §§ 3-4070 through 3-4091, and, at the contractor’s expense, has satisfactorily completed a basic […]
Section 7-22-107 – Employee Training Requirements.
7-22-107. Employee training requirements. All employees of a facility operated by a private contractor pursuant to this article shall receive, at a minimum, the same quality and quantity of training as that required for employees of state operated facilities. If any or all of the applicable American correctional association standards relating to training are more […]
Section 7-22-108 – Monitoring; Right of Access.
7-22-108. Monitoring; right of access. (a) The contracting governmental entity at the contractor’s expense, shall employ an individual to be responsible for monitoring all aspects of the private contractor’s performance under a contract for the operation of a facility pursuant to W.S. 7-22-102. The individual employed as contract monitor shall be qualified to perform this […]
Section 7-22-109 – Liability and Sovereign Immunity.
7-22-109. Liability and sovereign immunity. (a) The contractor shall assume all liability arising under a contract entered into pursuant to W.S. 7-22-102. (b) Neither the sovereign immunity of the state nor the sovereign immunity applicable to any local government shall extend to the contractor. Neither the contractor nor the insurer of the contractor may plead […]
Section 7-22-110 – Insurance.
7-22-110. Insurance. (a) The contractor shall provide an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management or actuarial firm with demonstrated experience in public liability for state governments. In determining the adequacy of the plan, the firm shall determine whether the insurance is adequate to: […]