53-30-611. Failure to comply with law -- action by department. (1) A contractor shall remain in strict compliance with this part, established 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.

(2) If the department determines at any time that a private correctional facility does not conform to this part, applicable American correctional association and national commission on correctional health care standards, department rules, and contract requirements, the department shall notify the chief executive officer and the owner or operator, or both, of the private correctional facility. The notice must state the deficiencies and order that they be remedied within a specified period of time not to exceed 1 year. If the deficiencies are not remedied within that time, the department may hold a contested case hearing under Title 2, chapter 4, and if the department finds that suspension or revocation is warranted by nonconformance with this part, applicable American correctional association and national commission on correctional health care standards, department rules, and contract requirements, the department may suspend or revoke the facility's license.

(3) If a private correctional facility fails to comply with this part, applicable American correctional association and national commission on correctional health care standards, department rules, or contract requirements within the specified time period, the state may assume control of the facility for the purpose of protecting the inmates, facility staff, or the public. If the state assumes control of the facility, the department shall suspend payment for any services, and the department assumes the costs of assuming control.

(4) The department may assume emergency control of a private correctional facility if substantial violations exist that affect the life, health, or safety of the inmates, facility employees, or the public or that otherwise substantially impact the security of the private correctional facility.

(5) In the event that a contractor fails to comply with this part, applicable American correctional association and national commission on correctional health care standards, department rules, or contract requirements, the state may retain the option of purchasing or leasing the facility.

(6) If either the state or the contractor fails to renew a contract, the state may retain the option of purchasing or leasing the facility.

(7) If the state retains the option of purchasing or leasing the facility under subsections (5) and (6) of this section, because it requires the creation of state debt, the appropriation bill that funds the purchase of services from the facility must be treated in the same manner as a bill creating state debt and requires a vote of two-thirds of the members of each house of the legislature for passage.

History: En. Sec. 11, Ch. 511, L. 1997.