20-809. RIOT, REBELLION, ESCAPE, CRIME OR EMERGENCY SITUATION -- NO-
TICE -- REIMBURSEMENT FOR COSTS. (1) The private prison contractor, its of-
ficers, guards, employees, and agents shall immediately notify the county
sheriff and, if the facility is located within the limits of a city, the city
law enforcement agency, along with any other law enforcement or other gov-
ernmental entities, agencies or personnel which the county or the city may
require to be informed, of any riot, rebellion, escape, crime or other emer-
gency situation occurring inside or outside the facility.
(2) In the event of an escape by a prisoner from a private prison facil-
ity to which this chapter applies, the private prison contractor must con-
tact the county sheriff and, if the facility is located within the limits of
a city, the city law enforcement agency, and any other governmental enti-
ties or agencies which the county or city may require to be informed, upon
receiving knowledge of the escape, but may attempt to apprehend the pris-
oner while the search or pursuit is on the private prison contractor's pri-
vate property. In the event that the escaping prisoner flees from the pri-
vate prison contractor's private property, the sheriff of the county, in co-
operation with city law enforcement as appropriate, shall organize and have
jurisdiction over the pursuit and apprehension of the prisoner.
(3) A private prison contractor shall reimburse Idaho governmental
entities for costs incurred by the entities in responding to any riot,
rebellion, escape, crime or other emergency situation occurring in or
on the grounds of, or otherwise in connection with, the facility. The
private prison contractor shall also reimburse Idaho governmental entities
for costs incurred by the entities with respect to the investigation,
prosecution, detention or appellate litigation, without regard to whether
conviction is obtained, of a prisoner charged with a crime resulting from a
riot, rebellion, escape or other criminal conduct.
(4) If a prisoner commits a criminal offense while confined in a pri-
vate prison facility in this state and is convicted of or pleads guilty to
that offense and is sentenced to a term of confinement for that offense but
is not sentenced to death for that offense, the prisoner shall be returned
to the out-of-state jurisdiction or the out-of-state jurisdiction's private
contractor for confinement. The prisoner shall not begin serving the term of
confinement imposed for the offense committed while confined in this state
until such time as the prisoner is released from the custody of the out-of-
state jurisdiction. The private prison contractor or its agent will trans-
port the prisoner, or cause the prisoner to be transported, to the out-of-
state jurisdiction. If the prisoner is confined in this state in a facility
operated by, or pursuant to a state contract with, the department of correc-
tion for any period of time prior to transfer back to the out-of-state ju-
risdiction, the private contractor will be financially responsible for re-
imbursing the department at the per diem cost of confinement for the duration
of that incarceration. Notwithstanding the provisions of this subsection,
any sentence imposed against a prisoner by a court in the state of Idaho may
be imposed to run concurrently with any sentence already being served by the
prisoner.
[20-809, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec.
8, p. 1189.]