7-32-2232. Detention centers — contracts with private parties. (1) The term of an agreement under 7-32-2201 with a private party may not exceed 3 years.

Terms Used In Montana Code 7-32-2232

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Detention center: means a facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center. See Montana Code 7-32-2241
  • Detention center staff: means custodial personnel whose duties include ongoing supervision of the inmates in a detention center. See Montana Code 7-32-2241
  • Local government: means a city, town, county, or consolidated city-county government. See Montana Code 7-32-2241

(2)The agreement must include:

(a)detailed standards for the operation of the detention center and the incarceration of inmates;

(b)a performance bond from the private party acceptable to the local government;

(c)a promise from the private party to indemnify the local government for any damages for which the local government is found liable as a result of the operation of the detention center;

(d)a provision that the private party must purchase liability insurance in an amount acceptable to the local government;

(e)minimum standards for the training of detention center staff and a provision that the private party will ensure such training; and

(f)a provision that the local government may immediately terminate the contract for good cause.

(3)The provisions of Title 7 relating to bids for local government contracts and purchases do not apply to a contract entered into under 7-32-2201 and this section.