§353-16.35  Development or expansion of
in-state correctional facilities.  (a)  Notwithstanding any other law to
the contrary, the governor, with the assistance of the director, may negotiate
with any person for the development or expansion of private in-state
correctional facilities or public in-state turnkey correctional facilities to
reduce prison overcrowding; provided that if an environmental assessment or
environmental impact statement is required for a proposed site or for the
expansion of an existing correctional facility under section 343-5, then
notwithstanding the time periods specified for public review and comments under
section 343-5, the governor shall accept public comments for a period of sixty
days following public notification of either an environmental assessment or an
environmental impact statement.



(b)  Any development or expansion proposal
shall address the construction of the facility separate from the operation of
the facility and shall consider and include:



(1)  The percentage of low, medium, and high security
inmates and the number of prison beds needed to incarcerate each of the
foregoing classes of inmates;



(2)  The facility's impact on existing infrastructure,
and an assessment of improvements and additions that will be necessary;



(3)  The facility's impact on available modes of
transportation, including airports, roads, and highways; and



(4)  A useful life costs analysis.



(c)  For the purposes of this section,
"useful life costs" means an economic evaluation that compares alternate
building and operating methods and provides information on the design,
construction methods, and materials to be used with respect to efficiency in
building maintenance and facilities operation. [L 1998, c 227, pt of §5;
am L 2003, c 221, §1]