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SB 44 - This act creates new requirements for private jails. Private jails are facilities not owned or operated by the state, a county, or a municipality that confine or detain prisoners who are awaiting trial, awaiting sentencing, or serving a sentence in jail. When an employee of a private jail has reasonable cause to believe that a prisoner has been abused or a law has been violated, he or she shall immediately report the abuse or violation to the administrator of the jail in writing. The report shall contain certain information regarding the abuse or violation and shall be kept confidential. The administrator shall immediately refer all reports to the county sheriff. The administrator and employees shall cooperate in any investigation of the facts alleged in the report. In the event that a prisoner has escaped, the administrator and employees shall notify the sheriff immediately and shall cooperate in apprehending the prisoner by providing all known information. Any person required by this act to make such a report, who fails to do so immediately, shall be guilty of a Class A misdemeanor. Any administrator required to refer a report to the county sheriff, who fails to do so immediately, is also guilty of a Class A misdemeanor. Failure to notify the sheriff immediately upon learning of an escaped prisoner shall be guilty a Class D felony and failure to cooperate in apprehending an escaped prisoner shall be a Class D felony. Any other person having reasonable cause to believe a prisoner has been abused or a law has been violated may report such information to the private jail administrator, county sheriff, or the highway patrol. Any person who makes a report or who testifies in an administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying, unless the person acted in bad faith. No person who directs or exercises any authority in a private jail shall harass, dismiss, or retaliate against a prisoner or employee because he or she or such person's family member made such a report. Persons confined in private jails shall be separated and confined by gender. Persons confined under civil process or for civil causes shall be kept separate from people confined regarding criminal matters. The administrator shall arrange for necessary health care services and provide adequate clothing, food, and bedding, for those persons confined in the private jail. Deprivation of such items shall not be used as a disciplinary action against a confined person. No person confined in a private jail shall be used in any manner for the profit, betterment, or personal gain of any county or private jail employee. Currently, a person is prohibited from bringing certain items, including controlled substances, alcohol, items prohibited by law or rule, and weapons, into a county jail. The punishment for such crime varies from a Class A misdemeanor to a Class C felony, depending on the item brought into the jail. Under this act, a person is prohibited from bring such items into a private jail as well. The administrator of a private jail may deny visitation privileges to or refer to the county prosecutor any person who knowingly brings, or tries to bring, items into the jail. which are prohibited by the jail's rules and regulations. Violation of this provision shall be an infraction if it is not covered by other statutes. Currently, a person commits the crime of damage to jail property if such person: 1) knowingly damages a city or county jail building or property, or 2) knowingly starts a fire in a city or county jail. Such crime is a Class D felony. Under this act, damaging property at a private jail shall have the same criminal penalty. Currently, escaping or attempting to escape from a county or city jail is a Class D felony, unless certain aggravating circumstances apply, in which case, the penalty is increased. Under this act, escaping from a private jail shall have the same criminal penalty. Currently, if a person is serving a sentence in a county jail on conviction of a felony and he or she fails to return to confinement as required under a work-release program, while serving a sentence with a term that is not continuous, or under another type of sentence where he or she is temporarily permitted to go at without a guard, he or she is guilty of a Class A misdemeanor. Under this act, failing to return to confinement to a private jail shall have the same criminal penalty. Currently, a public servant with charge of a prisoner, who knowingly permits him or her to escape is guilty of a Class D felony, unless the public servant allows the prisoner to have a deadly weapon or dangerous instrument, in which case, the crime is a Class B felony. Under this act, knowingly permitting escape from a private jail shall have the same criminal penalty. SUSAN HENDERSON MOORE
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