TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 8

PRIVATE PRISON FACILITIES

20-809.  Riot, rebellion, escape, crime or emergency situation — Notice — Reimbursement for costs. (1) The private prison contractor, its officers, guards, employees, and agents shall immediately notify the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, along with any other law enforcement or other governmental entities, agencies or personnel which the county or the city may require to be informed, of any riot, rebellion, escape, crime or other emergency situation occurring inside or outside the facility.

(2)  In the event of an escape by a prisoner from a private prison facility to which this chapter applies, the private prison contractor must contact the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, and any other governmental entities or agencies which the county or city may require to be informed, upon receiving knowledge of the escape, but may attempt to apprehend the prisoner while the search or pursuit is on the private prison contractor’s private property. In the event that the escaping prisoner flees from the private prison contractor’s private property, the sheriff of the county, in cooperation with city law enforcement as appropriate, shall organize and have jurisdiction over the pursuit and apprehension of the prisoner.

(3)  A private prison contractor shall reimburse Idaho governmental entities for costs incurred by the entities in responding to any riot, rebellion, escape, crime or other emergency situation occurring in or on the grounds of, or otherwise in connection with, the facility. The private prison contractor shall also reimburse Idaho governmental entities for costs incurred by the entities with respect to the investigation, prosecution, detention or appellate litigation, without regard to whether conviction is obtained, of a prisoner charged with a crime resulting from a riot, rebellion, escape or other criminal conduct.

(4)  If a prisoner commits a criminal offense while confined in a private prison facility in this state and is convicted of or pleads guilty to that offense and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the prisoner shall be returned to the out-of-state jurisdiction or the out-of-state jurisdiction’s private contractor for confinement. The prisoner shall not begin serving the term of confinement imposed for the offense committed while confined in this state until such time as the prisoner is released from the custody of the out-of-state jurisdiction. The private prison contractor or its agent will transport the prisoner, or cause the prisoner to be transported, to the out-of-state jurisdiction. If the prisoner is confined in this state in a facility operated by, or pursuant to a state contract with, the department of correction for any period of time prior to transfer back to the out-of-state jurisdiction, the private contractor will be financially responsible for reimbursing the department at the per diem cost of confinement for the duration of that incarceration. Notwithstanding the provisions of this subsection, any sentence imposed against a prisoner by a court in the state of Idaho may be imposed to run concurrently with any sentence already being served by the prisoner.

History:

[20-809, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec. 8, p. 1189.]