PATEK (Co-sponsors) AND HOHULIN.
Read 1st time February 3, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 221, RSMo, relating to jails and jailers by adding thereto eleven new sections relating to the operation of private prisons.
Section A. Chapter 221, RSMo, is amended by adding thereto eleven new sections, to be known as sections 221.600, 221.603, 221.606, 221.609, 221.612, 221.615, 221.618, 221.627, 221.630, 221.636 and 221.639, to read as follows:
221.600. As used in sections 221.600 to 221.639, "private provider" or "provider" means a private person or nongovernmental entity that provides correctional services.
221.603. 1. The provisions of sections 221.600 to 221.639 shall only apply to private providers in unincorporated areas of a county.
2. The sheriff may enter a prison operated by a private provider at any time.
3. The department of corrections shall enforce the provisions of sections 221.600 to 221.639.
4. The department of corrections shall adopt rules to implement the provisions of sections 221.600 to 221.639.
5. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
221.606. At a minimum, correctional services offered by a private provider shall include:
(1) Internal and perimeter security in accordance with American Correctional Association standards, to protect the public, employees of the correctional facility and inmates at the facility;
(2) Work or training programs, education and vocational technical opportunities, in addition to drug and alcohol treatment and life skills counseling for inmates that conform to federal and state law and American Correctional Association standards, including, but not limited to, sections of the Missouri Constitution;
(3) Rules regarding inmate discipline that meet federal and state law and American Correctional Association standards; and
(4) Adequate food, clothing, housing and medical care for inmates at the correctional facility and other necessities for meeting state and federal constitutional requirements.
221.609. Any act that would be an offense if committed within a state or local correctional facility is an offense if committed within a correctional facility operated by a private provider and is within the jurisdiction of the local law enforcement agency.
221.612. An employee of a private provider may use force under the same circumstances and to the same degree as a state corrections officer.
221.615. 1. Employees of a private provider shall maintain qualifications which meet or exceed the standards of the American Correctional Association for any position they hold.
2. Upon verbal request, private providers located in unincorporated areas shall provide full and complete access to the county commission and local law enforcement agencies to any and all portions of the private provider's facilities. Any violations of sections 221.600 to 221.639 shall be reported to the department of corrections.
221.618. A private provider may make recommendations concerning good time adjustments based on the offender's adaption to confinement in an institutional setting. A private provider may not:
(1) Calculate inmate release and parole eligibility dates;
(2) Grant, retract or restore sentence deductions or time credits;
(3) Authorize emergency leave, transitional leave, work release, paroles or postprison supervision
221.627. Applicable federal requirements and Site Selection Criteria as prescribed by the Bureau of Prisons and the American Correctional Association shall be utilized to site a correctional facility on behalf of a private provider.
221.630. A private provider is not a public body for purposes of Missouri law. The sovereign immunity of this state does not apply to private providers. A private facility while conforming to state, federal and American Correctional Association standards shall not be considered a part of the state correctional system.
221.636. Inmate records in the possession of a private provider are subject to public disclosure to the same extent as are inmate records in the possession of the department of corrections, and in accordance with applicable state and federal laws.
221.639. A private provider that operates a correctional facility within the state of Missouri shall adopt the
standards set by the American Correctional Association. Within three years after beginning operations
accreditation and reaccreditation shall be obtained and maintained as required by the American Correctional
Association.
Missouri House
of Representatives