53-30-315. Community corrections facilities and programs operated by nongovernmental agencies. (1) Except as provided in subsection (2), a nongovernmental agency may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321.
     (2) A nongovernmental agency may not establish a community corrections facility or program unless approved by the local community corrections board in a local government or tribal government that has established a community corrections board.
     (3) A nongovernmental agency may enter into a contract or agreement with the department for the purpose of providing community corrections facilities or programs for offenders. The contract or agreement must provide for strict accountability procedures and practices for the conduct and supervision of offenders assigned or sentenced to a facility or program operated by a nongovernmental agency.
     (4) A nongovernmental agency operating a community corrections facility or program may accept, reject, or reject after acceptance the placement of any offender in the facility or program pursuant to a contract or agreement with a unit of local government, a tribal government, or a judicial district. If an offender is rejected by the nongovernmental agency after initial acceptance and the offender is a court referral, the offender must be remanded to the custody of the sheriff of the county in which the facility or program is located. The nongovernmental agency shall notify in writing the sentencing judge who, after considering the agency's reasons for rejection, shall appropriately modify the sentencing order.

     History: En. Sec. 8, Ch. 554, L. 1991.