§ 12-26-108 - Failure to meet minimum standards -- Procedure.
               	 		
12-26-108.    Failure to meet minimum standards -- Procedure.
    (a)    (1)  If  an inspection under this chapter discloses that the criminal detention  facility or juvenile detention facility does not meet the minimum  standards established by the Criminal Detention Facilities Review  Coordinator, the criminal detention facility review committee shall send  notice, together with the inspection report, to the governing body  responsible for the criminal detention facility or juvenile detention  facility and to the duly constituted grand jury for the county in which  the criminal detention facility or juvenile detention facility is  located.
      (2)  A copy of the notice  required by this chapter shall also be sent to the chief circuit judge  of the judicial district in which the facility is located.
(b)  The  appropriate governing body or the grand jury, or both, shall promptly  meet to consider the inspection report, and the committee chair shall  appear to advise and consult concerning appropriate corrective action.
(c)  The  governing body or the grand jury, or both, shall then initiate  appropriate corrective action within six (6) months of the receipt of  the inspection report or may voluntarily close the detention facility or  the objectionable portion of the detention facility.
(d)    (1)  If  the governing body or the grand jury fails to initiate corrective  action within six (6) months after receipt of such inspection report, or  fails to correct the disclosed conditions, or fails to close the  detention facility or the objectionable portion thereof, the committee  is authorized to petition a circuit court within the judicial district  in which the facility is located to close the facility.
      (2)  The petition shall include the inspection report regarding the facility.
      (3)  The  local governing body shall then have thirty (30) days to respond to the  petition and shall serve a copy of the response on the committee chair  by certified mail, return receipt requested.
(e)  Thereafter, a hearing shall be held on the petition before the circuit court, and an order rendered by such court which:
      (1)  Dismisses the petition of the committee;
      (2)  Directs  that corrective action be initiated in some form by the local governing  body or by the grand jury with respect to the criminal detention  facility in question; or
      (3)  Directs that the criminal detention facility be closed.
(f)  An appeal from the decision of the circuit court may be taken to the Supreme Court.