64-13d-103. Private contracts. (1) The department may contract with a contractor to finance, acquire, construct, lease, or provide full or partial correctional services. (2) Before entering into a contract, the department shall: (a) hold a public hearing within the county or municipality where the facility is to be sited for the purpose of obtaining public […]
64-13d-104. Use of force — Private prison employees. (1) Employees of a facility contractor may use reasonable force to the extent allowed by state law. The use of force, power, and authority shall be limited to: (a) the grounds of a facility operated in whole or in part by their employer; (b) when transporting inmates; […]
64-13d-105. Restricted powers and duties of contractors. (1) A contract for correctional services may not authorize a contractor to perform the following: (a) calculate or establish inmate release and parole eligibility dates; (b) grant, deny, or revoke sentence credit; (c) approve inmates for furlough, work release, or parole; or (d) approve the types of work […]
64-13d-106. Monitoring contracts. (1) The executive director or his designee shall monitor the performance of all facilities incarcerating inmates under the jurisdiction of the department. (2) The executive director or his designee shall have unlimited access to all facilities, records, and staff for monitoring purposes. (3) The executive director may appoint a monitor to inspect […]
64-13d-107. Facility construction — Housing out-of-state inmates. (1) A contractor may not expand its original housing capacity without the approval of the: (a) Legislature; and (b) county or municipal legislative body within whose jurisdiction the facility is located. (2) A contractor may not incarcerate out-of-state inmates in a facility operated in the state, except in […]
64-13d-108. Private entity must contract with department. An entity may not establish a facility in the state without a contract with the department. Enacted by Chapter 288, 1999 General Session