Read 1st time January 27, 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 one new section relating to private jails for profit, with an emergency clause.
Section A. Chapter 221, RSMo, is amended by adding thereto one new section, to be known as section 221.232, to read as follows:
221.232. 1. No private person, corporation, partnership, business, association or other entity shall own or operate any jail within this state without meeting all of the requirements set forth in subsection 2 of this section. Neither shall any political subdivision contract with any private entity for the keeping of any person in a jail within this state unless the facility meets all of the requirements set forth in subsection 2 of this section. As used in this section, the term "jail" means a place of criminal confinement for pretrial defendants, persons sentenced to less than one year, and persons awaiting revocation disposition.
2. No private provider may acquire land or otherwise establish a presence in a community for the establishment of a jail unless all of the following requirements have been accomplished and documented. The private provider shall furnish:
(1) To local law enforcement agencies, hospital services and fire districts in the area affected formal written notification of the intent to establish a private jail prior to a public hearing;
(2) In the area affected a well-publicized hearing open to the public shall be held;
(3) Submission of an operational plan to the affected city or county council or both and formal approval by the council of the plan. The plan would include but not be limited to:
(a) Maximum security classification of individuals to be confined, the facility's custody level and its maximum capacity;
(b) Internal and perimeter security commensurate with security level;
(c) Written plans concerning infectious and contagious diseases, fire, power failure, transportation, escapes, riots and other emergency and natural disaster situations;
(d) Environmental impact statement concerning the effect of the facility on the surrounding community;
(e) Other factors specified by the jurisdiction;
(4) Documentation of management's prerequisite qualifications and experience;
(5) Documentation of the private provider's ability to furnish indemnification for liability arising from the operation of the proposed private jail;
(6) Documentation of the private provider's ability to meet applicable court orders, correctional standards and constitutional requirements for jails;
(7) Documentation of accreditation by the American Jail Association or American Correctional Association and the National Commission on Correctional Health Care.
Section B. Because immediate action is necessary to preserve the public safety, section A of this act is deemed necessary
for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency
act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and
approval.
Missouri House of
Representatives