221.097. Private jails--prisoners to be confined separately, when--health care services, adequate care required--limitation on contracts with private jails.
Private jails--prisoners to be confined separately, when--health careservices, adequate care required--limitation on contracts withprivate jails.
221.097. 1. Persons confined in private jails shall be separated andconfined according to gender. Persons confined under civil process or forcivil causes, except those persons confined awaiting a determination onwhether probation or parole will be revoked or continued, shall be keptseparate from persons confined awaiting trial for criminal charges,awaiting sentencing for criminal charges, awaiting determination on whetherprobation or parole will be revoked or continued, or serving a sentence ona criminal investigation.
2. The administrator shall arrange for necessary health care servicesfor persons confined in the private jail.
3. The administrator shall ensure that persons confined in theprivate jail have adequate clothing, food, and bedding. Deprivation ofadequate clothing, food, or bedding shall not be used as a disciplinaryaction against any confined person.
4. No person confined in a private jail shall be used in any mannerfor the profit, betterment, or personal gain of any employee of the countyor of any employee of the private jail.
5. Nothing in section 221.095 and this section shall create any newcivil cause of action under Missouri law nor shall it be interpreted so asto conflict with the civil rights and constitutional rights of due processaccorded to any person in any investigation of a crime or potential crime.
6. Any investigation of a report made under subsection 2 or 3 ofsection 221.095 shall be concluded in a timely manner by law enforcementand a written report of the conclusions shall be provided to the privatejail.
7. The state or its political subdivisions shall not contract withany private jail to provide services, unless such private jail provideswritten documentation of its ability to indemnify the state or politicalsubdivision for any liability which attaches to the state or politicalsubdivision as a result of the contract or services provided under thecontract. Such documentation shall demonstrate an ability to indemnify thestate or political subdivision in an amount acceptable to the state orpolitical subdivision.
(L. 2009 S.B. 44)