20-801. DEFINITIONS. In this chapter:
(1) "Contracting authority" means a board of county commissioners or
the governing body of a city.
(2) "Correctional facility" means a facility for the confinement of
prisoners. The term shall be construed to include references to terms
including, but not limited to, "prison," "state prison," "state peniten-
tiary," "governmental detention facility," "penal institution (facility),"
"correctional institution," "detention institution (facility)," "county
jail," "jail," "private prison (facility)" or "private correctional facil-
ity." The term does not include a treatment facility designed to evaluate
and treat substance abuse when the treatment facility is operated under the
direction of a political subdivision of the state of Idaho.
(3) "Governmental entity" means a state, county, city, municipal cor-
poration or other political subdivision of the state, or a territory of the
United States and any political subdivision thereof.
(4) "In-state prisoner" means a person who has been convicted of a crime
in the state of Idaho and is either incarcerated or on parole for that crime
or in custody for trial and sentencing, and who is being housed in any state,
local or private correctional facility, or who is being transported in any
manner within or through the state of Idaho.
(5) "Local correctional facility" means a facility for the confinement
of prisoners operated by or under the control of a county or city. The term
shall include references to "county jail," or "jail." The term shall also in-
clude a private correctional facility housing prisoners under the custody of
the state board of correction, the county sheriff or other local law enforce-
ment agency.
(6) "Medium security" or "medium custody" means a security or custody
classification reserved for prisoners who have demonstrated an ability to
follow institutional rules and regulations, who may have a considerable
amount of time remaining to serve and who may present an escape risk at a
lower assigned custody level.
(7) "Minimum security" or "minimum custody" means a security or custody
classification reserved for prisoners who have continuously demonstrated an
ability to follow institutional rules and regulations; who are either com-
mitted for a nonviolent crime or are committed on a violent crime; who are
generally within twelve (12) months of parole eligibility; and who normally
do not present an escape risk.
(8) "Out-of-state prisoner" or "out-of-state inmate" means a person
who is convicted of and sentenced for a crime in a state other than the state
of Idaho, or under the laws of the United States or other foreign jurisdic-
tion, and who is being housed in any state, local or private correctional
facility in the state of Idaho, or who is being transported in any manner
within or through the state of Idaho.
(9) "Prisoner" means a person who has been convicted of a crime in the
state of Idaho and is either incarcerated or on parole for that crime or in
custody for trial and sentencing, or who is convicted of and sentenced for a
crime in a state other than the state of Idaho, or under the laws of the United
States or other foreign jurisdiction, and who is being housed in any state,
local or private correctional facility, or who is being transported in any
manner within or through the state of Idaho. The term shall be construed to
include references to terms including, but not limited to, "inmate," "con-
vict," "detainee," and other similar terms, and shall include "out-of-state
prisoner" and "out-of-state inmate."
(10) "Private prison contractor" means any person, organization,
partnership, joint venture, corporation or other business entity engaged
in the site selection, design, design/building, acquisition, construction,
construction/management, financing, maintenance, leasing, leasing/pur-
chasing, management or operation of private prison facilities or any
combination of these services. For purposes of this chapter, "private
prison contractor" does not include those persons, organizations, part-
nerships, joint ventures, corporations or other business entities that
contract with a political subdivision of the state of Idaho for the construc-
tion of a facility provided the facility will be operated by the political
subdivision or where the facility is operated under the direction of the
political subdivision and is designed to evaluate and treat substance abuse.
(11) "Private prison facility" or "private correctional facility," for
purposes of this chapter, means a correctional facility constructed or op-
erated in the state of Idaho by a private prison contractor pursuant to con-
tract with a contracting authority as defined herein.
[20-801, added 1998, ch. 360, sec. 1, p. 1124; am. 2001, ch. 335, sec.
1, p. 1178.]