US Laws, Codes, Statutes & Cases

                                  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 of insurance shall be provided on or before January 1 of every year
    to the state department of correction and the contracting authority;
    (e)  If the contract includes construction or renovation, the contract
    shall require a performance bond approved by the contracting authority
    that is adequate and appropriate for the proposed construction or
    renovation contract;
    (f)  Except as otherwise permitted under the constitution or laws of the
    state of Idaho, no contract awarded pursuant to this section shall provide
    for the encumbrance of funds beyond the amount available for a fiscal
    year;
    (g)  The contract shall require the private prison contractor to be
    licensed by the department of correction pursuant to the provisions of
    this chapter.
    (2)  Any contract between a contracting authority and a private prison
contractor, whereby the contractor provides for the housing, care, and control
of prisoners in a facility operated by the contractor, shall contain, in
addition to other provisions, terms and conditions:
    (a)  A requirement that the private prison contractor provide the services
    in a facility which meets correctional standards satisfying constitutional
    minimums, state and federal laws, rules and regulations and applicable
    court orders, including, but not limited to, all sanitation, food service,
    safety and health regulations;
    (b)  A requirement that the private prison contractor send copies of
    reports of inspections completed by appropriate authorities regarding
    compliance with laws, rules and regulations of the type described in
    subsection (2)(a) of this section to the governing authority of the local
    public entity in which the correctional facility is located;
    (c)  If a private prison contractor enters into a contract with a board of
    county commissioners for a private prison facility to be located on
    private land within the limits of any city, it shall be required that the
    contractor obtain written authorization from the governing body of the
    city in which the facility is to be located;
    (d)  A requirement that the private prison contractor provide training to
    its personnel to a level acceptable to the contracting authority. The
    provisions of this section shall not be construed to confer peace officer
    status upon any employee of the private prison contractor or to authorize
    the use of firearms. A private correctional officer or other designated
    employee of a private prison contractor may carry and use firearms in the
    course of the officer's or employee's employment only if the officer or
    employee is certified as having satisfactorily completed a training
    program approved by the department of correction and only if used to
    prevent escape from the facility or from custody while being transported
    to or from the facility or to prevent an act which would cause death or
    serious bodily injury to any person. The provisions of this section shall
    not be construed to confer county or city employee status upon any
    employee of the private prison contractor;
    (e)  A requirement that the private prison contractor will not employ any
    person at the private prison facility until after the private contractor
    has submitted to the bureau of criminal identification, on a form
    prescribed by the bureau, a request that the bureau conduct a criminal
    records check of the person and a requirement that the private prison
    contractor will not employ any person at the facility if the records check
    or other information possessed by the contractor indicates that the person
    has a criminal history or record, regardless of the form of judgment;
    (f)  A requirement that the private prison facility be staffed at all
    times to ensure supervision of prisoners and maintenance of security
    within the private prison facility and to provide for appropriate
    programs, transportation, security and other operational needs. In
    determining security needs for the private prison facility, the private
    contractor and the contract requirements shall fully take into account all
    relevant factors including, but not limited to, the proximity of the
    facility to neighborhoods and schools;
    (g)  A requirement that the private prison contractor, its officers,
    guards, employees, and agents immediately notify the county sheriff and
    any other law enforcement or other governmental entities, agencies or
    personnel named in the contract or required to be informed as provided in
    this chapter of any riot, rebellion, escape, crime or other emergency
    situation occurring inside or outside the facility, and a requirement that
    the private prison contractor reimburse costs as provided in section
    20-809, Idaho Code. Notification shall be made by telephone and in
    writing. The written notice may be made by facsimile transmission or mail;
    (h)  A requirement that the private contractor adopt and use in the
    private prison facility a drug testing and treatment program that meets
    the standards of any drug testing and treatment program the department of
    correction uses for its prisoners in state correctional institutions;
    (i)  A requirement that the private prison contractor provide advance
    written notice to the county sheriff of the contracting authority and any
    other law enforcement or other governmental entities, agencies or
    personnel named in the contract, of its intent to provide for transport of
    any prisoners to or from the private prison facility and of the intended
    destination;
    (j)  A requirement that the private prison contractor shall be solely
    responsible for any damage caused by a prisoner in its custody and shall
    be solely responsible for security and all costs associated with
    transporting and housing prisoners to and from locations outside the
    private prison facility including, but not limited to, court, medical and
    sending facility locations. The private prison contractor's responsibility
    for costs will include, but not be limited to, all costs which may be
    required by court officials for additional security for the prisoner
    provided by federal, state, county or city officials;
    (k)  A requirement that no prisoner shall be housed in a private prison
    facility pursuant to this chapter without the 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 for review and the department shall have the
    authority to approve or reject housing of the prisoner based on standards
    as set forth pursuant to this chapter. Provided however, that in lieu of
    providing the department of correction with medical information of a
    prisoner, a sending entity may elect to certify, by a physician licensed
    in this state and employed by, or under contract with, the private prison
    facility, that the prisoner under consideration for placement in the
    facility has been tested, and has not tested positive, for the presence of
    HIV antibodies or antigens, hepatitis B virus, hepatitis C virus and
    tuberculosis;
    (l)  A requirement that the private prison contractor, prior to housing
    any out-of-state prisoner in the private prison facility under the
    contract, enter into an agreement with the local contracting governmental
    entity that sets forth a conversion plan that will be followed if, for any
    reason, the facility is closed or ceases to operate. The conversion plan
    shall provide, in part, that the private prison contractor shall be
    responsible for housing and providing for the transportation of the
    prisoners who are in the facility at the time it is closed or ceases to
    operate and for the cost of such housing and transporting of those
    prisoners;
    (m)  A requirement that the private prison contractor conform to
    applicable standards, and obtain accreditation from, the American
    correctional association and the national commission on correction health
    care;
    (n)  A requirement that the private prison contractor indemnify and hold
    harmless the state, its officers, agents and employees and any local
    governmental entity in the state with jurisdiction over the place at which
    the private prison facility is located or that owns the private prison
    facility, and shall reimburse the state or local governmental entity for
    costs incurred defending the state or local governmental entity or any of
    its officers, agents or employees against all claims including the
    following:
         (i)   Any claims or losses for services rendered by the contractor,
         its officers, agents or employees, performing or supplying services
         in connection with the performance of the contract;
         (ii)  Any failure of the contractor, its officers, agents or
         employees to adhere to the laws, rules, regulations or terms agreed
         to in the contract;
         (iii) Any constitutional, federal, state or civil rights claim
         brought against the governmental entity related to the facility
         operated and managed by the contractor;
         (iv)  Any claims, losses, demands or causes of action arising out of
         the activities in this state of the contractor, its officers, agents
         or employees;
         (v)   Any attorney's fees or court costs arising from any habeas
         corpus actions or other prisoner suits that may arise from any event
         that occurred at the facility or was a result of such an event, or
         arise over the conditions, management or operation of the facility,
         which fees and costs shall include, but not be limited to, attorney's
         fees for the governmental entity's representation and for any
         court-appointed representation of any prisoner.
    (o)  A clear statement that provisions set forth within this chapter do
    not affect any immunity or defense that the state and its officers and
    employees or a contracting authority and its officers and employees may be
    entitled to under another section of the Idaho Code, including, but not
    limited to chapter 9, title 6, Idaho Code;
    (p)  A clear statement that no immunity from liability granted to the
    state, and no immunity from liability granted to political subdivisions
    pursuant to chapter 9, title 6, Idaho Code, shall extend to the private
    prison contractor or any of the private prison contractor's employees;
    (q)  A requirement that the private prison contractor and its personnel
    comply with the provisions of this chapter, all laws of the state of
    Idaho, and all ordinances, policies and procedures of the contracting
    authority;
    (r)  A requirement that any ambiguities in the contract shall be construed
    against the private prison contractor and in favor of the contracting
    authority.
    (3)  Contracts awarded under the provisions of this section shall, at a
minimum, comply with the following:
    (a)  Provide for internal and perimeter security to protect the public,
    employees and prisoners;
    (b)  Provide that the private prison contractor shall not benefit
    financially from the labor of prisoners nor shall any prisoner ever be
    placed in a position of authority over another prisoner. Any profits
    realized from the operation of a prison enterprise program shall revert to
    the contracting authority;
    (c)  Provide that the private prison contractor shall impose discipline on
    prisoners only in accordance with applicable rules, policies and
    procedures satisfying constitutional minimums, state and federal laws and
    applicable court orders;
    (d)  Require that the private prison contractor provide proper food,
    clothing, housing and medical care as provided for in the contract. The
    governmental entity contracting with the private prison contractor shall
    not be responsible for any costs associated with the medical care of
    prisoners in the custody of the private prison contractor.
    (4)  The contracting authority or its designee, as provided in the
contract, shall monitor the performance of the private prison contractor.
Included in the powers and responsibilities of the contracting authority or
its designee, when acting as the contract monitor of the private prison
contract are:
    (a)  A determination if the requirements of the contract are being
    satisfactorily performed;
    (b)  A determination whether the private prison contractor and its
    personnel are complying 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;
    (c)  A determination if applicable ordinances, written policies and
    procedures of the contracting authority are being followed by the private
    prison contractor and its personnel;
    (d)  A determination whether the facility is being operated in a manner
    which adequately safeguards and protects the safety of the public;
    (e)  Approval of all prisoner releases on furlough or work release;
    (f)  The enactment of ordinances or the adoption of written policies or
    procedures interpreting or making specific application of the provisions
    of this chapter.