Section 221.097

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 221

Effective - 28 Aug 2009   

  221.097.  Private jails — prisoners to be confined separately, when — health care services, adequate care required — limitation on contracts with private jails. — 1.  Persons confined in private jails shall be separated and confined according to gender.  Persons confined under civil process or for civil causes, except those persons confined awaiting a determination on whether probation or parole will be revoked or continued, shall be kept separate from persons confined awaiting trial for criminal charges, awaiting sentencing for criminal charges, awaiting determination on whether probation or parole will be revoked or continued, or serving a sentence on a criminal investigation.

  2.  The administrator shall arrange for necessary health care services for persons confined in the private jail.

  3.  The administrator shall ensure that persons confined in the private jail have adequate clothing, food, and bedding.  Deprivation of adequate clothing, food, or bedding shall not be used as a disciplinary action against any confined person.

  4.  No person confined in a private jail shall be used in any manner for the profit, betterment, or personal gain of any employee of the county or of any employee of the private jail.

  5.  Nothing in section 221.095 and this section shall create any new civil cause of action under Missouri law nor shall it be interpreted so as to conflict with the civil rights and constitutional rights of due process accorded to any person in any investigation of a crime or potential crime.

  6.  Any investigation of a report made under subsection 2 or 3 of section 221.095 shall be concluded in a timely manner by law enforcement and a written report of the conclusions shall be provided to the private jail.

  7.  The state or its political subdivisions shall not contract with any private jail to provide services, unless such 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.  Such documentation shall demonstrate an ability to indemnify the state or political subdivision in an amount acceptable to the state or political subdivision.

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(L. 2009 S.B. 44)