CCS#2 HCS SCS SB 44 -- PRIVATE JAILS

This bill changes the laws regarding private jails.  In its main
provisions, the bill:

(1)  Specifies that a private jail is a facility not owned or
operated by the state, a county, or a municipality which confines
or detains prisoners and makes these facilities subject to all
state laws and local ordinances;

(2)  Requires all reports regarding violations of state law which
result in a punishment of at least one year in prison to include
the name and address of the private jail, the name of the
prisoner who may have committed the crime, information regarding
the nature of the crime, the name of the complainant, and any
other relevant information;

(3)  Requires the administrator of a private jail to report in a
timely manner all state criminal law violations to the law
enforcement agency having jurisdiction over the area in which the
private jail is located.  The administrator and employees are
required to cooperate with law enforcement in any investigation
of a crime committed in a private jail;

(4)  Requires private jails, in the event of an escape, to
promptly notify the proper law enforcement agency, the State
Highway Patrol, and any court or governmental agency from which
the escapee was referred.  The jail must provide all available
information regarding the escape and the escapee to law
enforcement agencies;

(5)  Establishes immunity from civil and criminal liability for
administrators and employees making reports or testifying, unless
the person acted with malice;

(6)  Requires prisoners to be separated by gender and cause for
incarceration;

(7)  Requires the jail administrator to arrange for necessary
health care services and provide adequate food, clothing, and
bedding;

(8)  Prohibits inmates of a private jail to be used for the
profit, betterment, or personal gain of any employee of the
county or any employee of the private jail;

(9)  Requires all investigations performed by local law
enforcement to be concluded in a timely manner and a written
report of the conclusions provided to the jail;

(10)  Prohibits the state or a political subdivision from
contracting with private jails, unless the private jail provides
written documentation of its ability to indemnify the state or
political subdivision for any liability which attaches to the
state or political subdivision as a result of the contract or
services provided under the contract;

(11)  Prohibits any person from knowingly delivering, attempting
to deliver, having in his or her possession, or depositing or
concealing any controlled substance or specified contraband in or
about the premises of any private jail;

(12)  Makes it a crime to damage a private jail;

(13)  Requires private jail administrators to make inquiry to the
Missouri Uniform Law Enforcement System and the National Crime
Information Center prior to an inmate's release.  If an
administrator purposely fails to make inquiry with the intent to
release an inmate who has an outstanding warrant, he or she will
be guilty of a class A misdemeanor;

(14)  Includes private jails and county correctional facilities
under the provisions of law regarding the crime of escape or
attempted escape from confinement; and

(15)  Specifies that nothing in the bill will create any new
civil cause of action under Missouri law.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am