41-1609

41-1609. Agreements with federal or private
agencies and institutions; contract review; emergency
contracts

A. The department may enter into agreements with the federal government, other
states or agencies of the federal government or other states for such compensation upon
which they agree to accept or deliver adult offenders or to administer correctional
programs. Notwithstanding the provisions of section 35-193, any funds received by the
department under the agreements shall be kept in a separate revolving fund for current
usage and shall not revert to the state general fund if unexpended at the close of a
fiscal year.

B. The department may contract with any private or public institution that is
located inside or outside this state for facilities or the operation of facilities that
are dedicated to the confinement of persons who are committed to the department.
Notwithstanding chapter 4, article 7 of this title and article 4 of this chapter, the
contract may include a purchase option and if the contract has a per diem provision the
contract may include a provision that allows a portion of the per diem to be applied to
reduce the purchase price.

C. The department shall submit all contracts entered into pursuant to subsection B
of this section to the attorney general to determine if the contract is within the
authority granted under the laws of this state and in proper form. All contracts
involving the detention or incarceration of adult offenders shall conform to the
requirements of section 41-1609.01.

D. Notwithstanding subsection C of this section, the department may enter into
emergency contracts pursuant to section 41-2537 with private or public institutions for
facilities or the operation of facilities that are dedicated to the confinement of
persons who are committed to the department.

E. The director may declare an emergency for acts of God, natural catastrophes,
prison riots and overcrowding. In an emergency, the director shall:

1. Confine persons who are committed to the department in either of the following:

(a) An existing public institution.

(b) A private institution that is described in subsection B of this section.

2. Up to twenty-four hours before declaring the emergency, notify the governor and
the attorney general of the emergency and the need to relocate persons who are committed
to the department to another existing public or private facility established pursuant to
sections 41-1609.01 and 41-1609.02.

3. Within thirty days after declaring the emergency, determine the length of the
emergency confinement. If the director determines that the emergency confinement will
exceed six months in duration, the emergency contract shall comply with sections
41-1609.01 and 41-1609.02.

F. Notwithstanding subsection E, paragraph 2 of this section, if the director
declares that an emergency exists due to the overcrowding of a public or private
correctional facility, the director shall discuss with the governor, the attorney general
and the majority and minority leadership in the senate and the house of representatives
relocating the inmates from the overcrowded facility to another facility before
relocating the inmates.

G. An emergency contract shall not exceed one year in duration.