A. The location of any prison facility which is not operated by the Department of Corrections, a county, or a city:

1. Shall be subject to the nondiscriminatory zoning ordinances of the town or city in which located; and

2. Is specifically prohibited within one (1) mile of any public or private elementary or secondary school. The provision of this paragraph shall not apply to:

a.any private medium secure juvenile facility which was established and housed juveniles prior to July 1, 1999,

b.any prison facility which was used as a prison facility prior to the establishment of a public or private elementary or secondary school within the one-mile radius of the prison facility as long as the prison facility remains in continuous use as a prison,

c.any prison or juvenile facility established within the prohibited distance from a private elementary or secondary school prior to May 20, 1994, or within the prohibited distance from a public elementary or secondary school prior to July 1, 1987,

d.any other juvenile facilities, or

e.a correctional facility not operated by the Department of Corrections that is granted permission to operate within the areas restricted by this subsection by a majority vote of the following entities:

(1)the district board of education of each school district with an affected school, and

(2)the equivalent governing body of each affected private school.

B. The distance indicated in this section shall be measured from the nearest property line of the school to the nearest property line of the prison facility.

C. 1. Prior to the establishment of any prison facility which is not operated by the Department of Corrections, a private prison contractor shall obtain written authorization to establish the facility from the governing body of any municipality in which the facility is to be located, or if the facility is not to be located within the incorporated limits of a municipality, from the board of county commissioners of the county in which the facility is to be located.

2. The authorization shall be submitted to the Board of Corrections before any contract between the Department of Corrections and the private prison contractor is awarded.

D. The term “prison or prison facility” means any facility operated by a private prison contractor as such term is defined in Section 502 of this title.

Added by Laws 1987, c. 80, § 5, operative July 1, 1987. Amended by Laws 1994, c. 213, § 2, emerg. eff. May 20, 1994; Laws 1998, c. 290, § 5, eff. July 1, 1998; Laws 1999, c. 394, § 1, eff. Nov. 1, 1999; Laws 2000, c. 244, § 1, eff. July 1, 2000; Laws 2003, c. 345,§ 1, emerg. eff. May 29, 2003.