South Dakota § 24-11-42 - Requirements of contract for correctional facility.

§ 24-11-42. Requirements of contract for correctional facility.

A contract made under § 24-11-41 shall:

(1)    Require the private entity to operate the facility in compliance with minimum standards, to the extent such standards may be applicable, adopted by the Department of Corrections or any other applicable state agency having jurisdiction with respect thereto and, to the extent otherwise required, receive and retain a certification of compliance from such agency;

(2)    Provide for regular, on-site monitoring by the sheriff or other designated law enforcement official;

(3)    If the contract includes construction, require a performance bond approved by the governing body that is adequate and appropriate for the proposed construction contract;

(4)    Provide for assumption of liability by the private entity for all claims arising from the services performed under the contract by the private entity;

(5)    Provide for an adequate plan of insurance for the private entity and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights, arising from the services performed under the contract by the private entity;

(6)    Provide for a plan for the purchase and assumption of operations by the compact, municipality, or county in the event of the bankruptcy of the private entity;

(7)    If the contract involves conversion of an existing correctional facility to provide private entity operation, require the private entity to give preferential consideration in hiring to employees at the existing facility who meet or exceed the private entity's qualifications and standards for employment in available positions;

(8)    Require the private entity to provide health care benefits comparable to that of the compact, municipality, or county;

(9)    Provide for an adequate plan of insurance to protect the compact, municipality, or county against all claims arising from the services performed under the contract by the private entity and to protect the compact, municipality, or county from actions by a third party against the private entity, its officers, guards, employees, and agents as a result of the contract; and

(10)    Contain comprehensive standards for conditions of confinement and annual review of the programs for compliance.

Source: SL 1991, ch 207, § 4.