| (1) |
The department may contract with a contractor to finance, acquire, construct, lease, or provide full or partial correctional services. |
Terms Used In Utah Code 64-13d-103
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: means a private entity seeking to contract with or currently contracting with the department to establish or operate a private correctional facility. See Utah Code 64-13d-102
- Correctional services: means those services necessary for the operation of a correctional facility, including the provision of food, clothing, security, programs, and health care. See Utah Code 64-13d-102
- Facility: means a private correctional facility established or operated under a contract with the department. See Utah Code 64-13d-102
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
| (2) |
Before entering into a contract, the department shall:
| (a) |
hold a public hearing within the county or municipality where the facility is to be sited for the purpose of obtaining public comment; |
| (b) |
give consideration to the input received at the public hearing when making decisions regarding the awarding of a contract and the contract process; and |
| (c) |
have received written notification from the legislative body of the municipality or county where the proposed facility is to be sited, stating that the legislative body has agreed to the establishment of the facility within its boundaries. |
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| (3) |
Before entering into a contract, the department shall require that the contractor proposing to provide the services demonstrate that it has:
| (a) |
management personnel with the qualifications and experience necessary to carry out the terms of the contract; |
| (b) |
sufficient financial resources to:
| (i) |
complete and operate the facility; |
| (ii) |
provide indemnification for liability arising from the operation of the facility; and |
| (iii) |
provide reimbursement as required under Section 64-13d-105; |
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| (c) |
the ability and resources to meet applicable court orders, correctional standards as defined by the department, and constitutional requirements; and |
| (d) |
liability insurance adequate to protect the state, the political subdivision where the facility is located, and the officers and employees of the facility from all claims and losses incurred as a result of action or inaction by the contractor or its employees. |
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| (4) |
A contract awarded for the operation of a facility shall be consistent with commonly accepted correctional practices as defined by the department and shall include:
| (a) |
adequate internal and perimeter security to protect the public, employees, and inmates, based on the security level of the inmate population; |
| (b) |
work, training, educational, and treatment programs for inmates; |
| (c) |
a minimum correctional officer to inmate ratio; |
| (d) |
imposition of inmate discipline in accordance with applicable state law and department policy; and |
| (e) |
adequate food, clothing, housing, and medical care for inmates. |
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Enacted by Chapter 288, 1999 General Session
