Section 221.095

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 221

Effective - 28 Aug 2009   

  221.095.  Private jails, defined — reports of possible criminal violations required — missing prisoners, requirements. — 1.  For the purposes of this section, "private jail" shall mean a facility not owned or operated by the state, a county, or a municipality that confines or detains prisoners who are awaiting trial, awaiting sentencing, or serving a sentence in a jail.  Such private jails shall be subject to all applicable state laws and local ordinances.

  2.  Any written report regarding any violation of a state criminal law that would result in a punishment of at least one year in prison shall contain the name and address of the private jail, the name of the prisoner or person who may have committed the law violation, information regarding the nature of the law violation, the name of the complainant, and other information which might be relevant.

  3.  The administrator of the private jail shall, in a timely manner, refer all reports of such law violations to local, state, or county law enforcement having jurisdiction over the area in which the private jail is located.  The administrator and employees of the private jail shall cooperate with law enforcement in the investigation of the facts alleged in the report insofar as is consistent with the constitutional rights of all parties involved.

  4.  In the event that a prisoner is missing, the private jail shall take prompt and reasonable action to discover whether the prisoner has escaped.  Upon learning that an escape has occurred, the private jail shall promptly notify the police department of the municipality, if any, in which the escape occurred and shall promptly notify the sheriff's department of the county in which the escape occurred and the Missouri state highway patrol.  The private jail shall also notify any court or government agency from which an escaped prisoner or offender was referred.  The private jail shall provide to the law enforcement agencies all available information known about the escape and the escapee.

  5.  Any person who makes a report under this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying, except for liability for perjury, unless such person acted with malice.

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(L. 2009 S.B. 44)