(a) No contract for private correctional services under this article shall authorize,
allow or imply a delegation to a private contractor of authority or responsibility
(i) Classify inmates or place inmates in less restrictive custody or more restrictive
(ii) Transfer an inmate, although the contractor may recommend in writing that the
state or the local government transfer a particular inmate;
(iii) Formulate rules of inmate behavior, violations of which may subject inmates
to sanctions, except to the extent that the rules are accepted or modified by the
state or the local government;
(iv) Take any disciplinary action against an inmate;
(v) Grant, deny or revoke good time credits;
(vi) Recommend that the parole board either deny or grant parole, provided the contractor
may submit written reports that have been prepared in the ordinary course of business
unless otherwise requested by the parole board;
(vii) Develop procedures for calculating good time credits or inmate release and parole
(viii) Determine inmate eligibility for furlough, compassionate leave or participation
in community corrections;
(ix) Require an inmate to work, except as directed or authorized by the state or the
local government. In connection with work required by the state or the local government, the private
contractor shall not have authority to:
(A) Approve the type of work that inmates may perform; or
(B) Award or withhold wages or good time credits based on the manner in which individual
inmates perform such work.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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