20-812. ENFORCEMENT -- AVAILABLE REMEDIES -- CIVIL PENALTY. (1) The
county prosecuting attorney shall have authority to enforce the provisions
of this chapter, and any county ordinances enacted, or written policies or
procedures adopted by the county with respect to the operation of a private
prison facility in the county, or any contract entered into between a board
of county commissioners and a private prison contractor by civil action
and may seek all available civil remedies including injunction. If the
prosecuting attorney prevails in the action, the private prison contractor
shall be liable to the county for attorney's fees and costs of suit. The
action shall be brought in the district court of the county in which the
private prison facility is located or is proposed to be located.
(2) The city attorney shall have authority to enforce the provisions of
this chapter, and any city ordinances enacted or written policies or proce-
dures adopted by the governing body of the city with respect to the operation
of a private prison facility within the city, or any contract entered into
between the governing body of a city and a private prison contractor by civil
action and he may seek all available civil remedies including injunction.
If the city attorney prevails in the action, the private prison contractor
shall be liable for attorney's fees and costs of suit. The action shall be
brought in the district court of the county in which the private prison fa-
cility is located or is proposed to be located.
(3) In addition to any other remedies, a private prison contractor con-
structing, renovating or operating a private prison facility in this state
in violation of the provisions of this chapter, or any ordinances enacted
or written policies or procedures adopted by a county or city governing the
construction, renovation or operation of a private prison facility, or a
contract entered into pursuant to this chapter shall be subject to a civil
penalty in an amount not to exceed five thousand dollars ($5,000) for each
separate violation or for each day of a continuing violation.
[20-812, added 1998, ch. 360, sec. 1, p. 1130; am. 2001, ch. 335, sec.
9, p. 1190.]