Idaho State Statutes - Idaho Attorney Directory

RIOT, REBELLION, ESCAPE, CRIME OR EMERGENCY SITUATION -- NOTICE
-- REIMBURSEMENT FOR COSTS. (1) The private prison contractor, its officers,
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 governmental
entities, agencies or personnel which the county or the city may require to
be informed, of any riot, rebellion, escape, crime or other emergency
situation occurring inside or outside the facility.
(2) In the event of an escape by a prisoner from a private prison
facility to which this chapter applies, the private prison contractor must
contact the county sheriff and, if the facility is located within the limits
of a city, the city law enforcement agency, and any other governmental
entities or agencies which the county or city may require to be informed, upon
receiving knowledge of the escape, but may attempt to apprehend the prisoner
while the search or pursuit is on the private prison contractor's private
property. In the event that the escaping prisoner flees from the private
prison contractor's private property, the sheriff of the county, in
cooperation 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 private
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
transport 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
correction for any period of time prior to transfer back to the out-of-state
jurisdiction, the private contractor will be financially responsible for
reimbursing 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.

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