10-8-58.5. Contracting for management, maintenance, operation, or construction of jails.
| (1) |
As used in this section, “medication assisted treatment plan” means a prescription plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder. |
Terms Used In Utah Code 10-8-58.5
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
| (2) |
| (a) |
The governing body of a city or town may contract with private contractors for management, maintenance, operation, and construction of city jails. |
| (b) |
The governing body may include a provision in the contract that requires that any jail facility meet any federal, state, or local standards for the construction of jails. |
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| (3) |
If the governing body contracts only for the management, maintenance, or operation of a jail, the governing body shall include provisions in the contract that:
| (a) |
require the private contractor to post a performance bond in the amount set by the governing body; |
| (b) |
establish training standards that shall be met by jail personnel; |
| (c) |
require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners; |
| (d) |
require the private contractor to indemnify the city or town for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the city or town; |
| (e) |
require the private contractor to show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah; |
| (f) |
require the private contractor to:
| (i) |
receive all prisoners committed to the jail by competent authority; |
| (ii) |
provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and |
| (iii) |
cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and |
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| (g) |
prohibit the use of inmates by the private contractor for private business purposes of any kind. |
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| (4) |
A medication used for a medication assisted treatment plan under Subsection (3)(f)(iii):
| (a) |
shall be administered to an inmate in accordance with the inmate’s prescription under the direction of the sheriff; |
| (b) |
may be paid for by a county; and |
| (c) |
may be left or stored at a jail at the discretion of the sheriff. |
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| (5) |
A contractual provision requiring the private contractor to maintain liability insurance in an amount not less than the liability limits established by Title 63G, Chapter 7, Governmental Immunity Act of Utah, may not be construed as waiving the limitation on damages recoverable from a governmental entity or its employees established by that chapter. |
Amended by Chapter 119, 2023 General Session
