53-30-606. License -- inspection. (1) The department shall grant a license to a private correctional facility determined by the department to conform to this part and department rules.
     (2) The department may grant a temporary license for 1 year to a facility that loses accreditation if the department determines that the facility is making satisfactory progress toward substantial conformity with this part, applicable American correctional association and national commission on correctional health care standards, as determined by the department by administrative rule, department rules, and contract requirements and that the interests and well-being of the residents of the state and of the persons to be confined in the facility are protected. A temporary license may not be renewed.
     (3) Except as provided in subsection (2), the department may not grant a license unless the contractor conforms to all state and federal statutes, applicable American correctional association and national commission on correctional health care standards, as determined by the department by administrative rule, department rules, and other requirements as defined in administrative rule. During the initial 3-year period of a contract, a private correctional facility is not required to be accredited by the American correctional association or the national commission on correctional health care in order to be granted a license by the department.
     (4) The department may not grant a license to a private correctional facility unless the department determines that the facility conforms to the long-range correctional needs, objectives, and goals of the department and state.
     (5) The department may not grant a license to a private correctional facility until the owner or operator of the facility has provided the department with proof of indemnity insurance that appropriately indemnifies the state and that is acceptable to the department.
     (6) The department may not grant a license to a private correctional facility unless the facility is constructed in accordance with American correctional association facility construction requirements. In addition, the private correctional facility shall comply with any other applicable local, state, or federal laws or regulations.
     (7) The department may not grant a license to a private correctional facility unless the facility has promulgated a policy to provide reasonable access to the facility by representatives of the public media.
     (8) The department may not grant a license to a private correctional facility unless the facility has entered into an agreement with local and state law enforcement authorities. The private correctional facility shall demonstrate an adequate response for the mutual aid, assistance, and notification in the event of an escape, riot or disturbance, natural or human-caused event, or other act that may potentially affect public safety.
     (9) The department may not grant a license to a private correctional facility unless the legislature has appropriated funds for the housing of state inmates in private correctional facilities.
     (10) The department shall at least annually inspect each private correctional facility to determine compliance with this part and department rules.

     History: En. Sec. 6, Ch. 511, L. 1997.