A. Before incurring any obligation for the establishment of any correctional facility or any change of use of a correctional facility, the department shall give at least forty-five days’ written notice to all of the following:

1. Each real property owner, as shown on the last assessment of the property, within a two-mile radius of the proposed site or of the site for which the change of use is proposed. The two-mile radius excludes any natural or man-made feature that prevents parcels of land from being practically and reasonably united.

2. The president of the senate.

3. The speaker of the house of representatives.

4. The senate minority leader and the house of representatives minority leader.

5. The state senator and the state representatives whose legislative district includes the proposed site or the site for which the change of use is proposed.

6. Each state senator and state representative whose legislative district is located within five miles of the proposed site or of the site for which the change of use is proposed.

7. Each member of the county board of supervisors if the proposed site or the site for which the change of use is proposed is in an unincorporated area or each member of the governing body of the city or town in which the proposed site or the site for which the change of use is proposed is located.

8. Each member of the governing board of the local school district in which the proposed site or the site for which the change of use is proposed is located.

9. The superintendent of the local school district in which the proposed site or the site for which the change of use is proposed is located.

10. Each member of the governing board of any charter school that is located within a five-mile radius of the proposed site or the site for which the change of use is proposed.

11. The operator of any child care facility that is located within a five-mile radius of the proposed site or the site for which the change of use is proposed.

B. On request of the state department of corrections, the department of education shall provide an accurate list of district schools and charter schools within the boundaries prescribed in subsection A, paragraphs 9 and 10 of this section.

C. On request of the state department of corrections, the department of health services shall provide an accurate list of child care facilities within the boundaries prescribed in subsection A, paragraph 11 of this section.

D. The notice required pursuant to subsection A of this section must include all of the following:

1. The number of prisoners or parolees to be housed at the correctional facility.

2. The security level of the prisoners to be housed at the correctional facility.

3. The date, time and location of the public hearing that is required by subsection F of this section.

4. The overall time frame during which the department will either approve or reject the establishment of any correctional facility or change of use of a correctional facility.

5. A statement that a report of the oral comments received at the hearing and the written comments received by the department will be available on the department’s website.

E. The department shall post a sign that is at least four feet by eight feet in a conspicuous location on the proposed site or on the site for which the change of use is proposed for fifteen calendar days before the hearing that is required pursuant to subsection F of this section. The sign shall give notice of the date, time and location of the hearing.

F. The department shall hold a hearing in the county for an unincorporated area or in the city or town in which the potential site or the site for which the change of use for a correctional facility is proposed is located. The department shall publish a notice of the public hearing in a newspaper of general circulation in the area at least ten days before the hearing. The department shall receive oral comments at the hearing and written comments before the hearing. The department shall compile all of the written comments into a report and shall post the report with the minutes of the hearing on the department’s website within five calendar days after the hearing. The department shall submit the report electronically to all of the entities listed in subsection A, paragraphs 2, 3, 4 and 5 of this section. At least fifteen days after the hearing and after the department has considered the public comments, the department shall make a final site determination for the correctional facility or a final determination on the change of use for the correctional facility.

G. This section does not apply to the reclassification of custody levels or designated use of an existing correctional facility or the housing assignments of inmates or offenders within a correctional facility.

H. For the purposes of this section:

1. "Change of use" means the introduction of any of the following:

(a) Adult offenders or inmates into a department of juvenile corrections facility.

(b) A new classification of offenders into a community correctional facility that had not previously provided services to that classification of offenders.

(c) Adult inmates into any correctional facility that had previously been designated as a community correctional center.

2. "Correctional facility" means:

(a) An adult correctional facility.

(b) A juvenile correctional facility.

(c) A community correctional center.

(d) A private prison.

(e) Any facility dedicated to the confinement of persons committed to the department or the department of juvenile corrections.

(f) A juvenile secure care facility as described in section 41-2816.

3. "Establishment" means the construction of a correctional facility or the introduction of inmates or offenders from another location into a newly established correctional facility where inmates or offenders were not previously located or housed.