US Laws, Codes, Statutes & Cases

                                  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.