41-2813. Agreements with federal or private agencies and institutions; contract review

A. The department may enter into agreements with the federal government, other states or their agencies for such compensation on which they agree to accept or deliver committed youth or to administer rehabilitative programs. Notwithstanding section 35-193, any monies received by the department under such agreements shall be kept in a separate revolving fund for current usage and do not revert to the state general fund if unexpended at the close of a fiscal year.

B. The department may contract with private or public institutions within and without this state possessing adequate supervision and facilities for provision of any of the following services for committed youth:

1. Detention.

2. Secure care.

3. Education.

4. Employment.

5. Treatment.

6. Rehabilitation.

7. Conservation camps.

8. Work programs.

C. The department shall submit all contracts entered into pursuant to subsection B of this section to the attorney general to determine if the contract is within the authority granted under the laws of this state and in proper form.

1. The following criteria will be reviewed prior to a proposer being considered for award of a contract:

(a) The qualifications, operations and management experience and experienced personnel that are necessary to carry out the terms of the contract.

(b) The ability to comply with any applicable standards and specifications that the department defines and any specific court order, if required.

(c) A demonstrated history of successful operation and management as a service provider.

2. The contractor shall carry liability insurance in an amount that is approved by the risk management section of the department of administration and shall file proof of the insurance with the risk management section.

3. The contractor shall provide audited financial statements for the previous five years, or if the contractor has been in operation for less than five years, for each of the years the contractor has been in operation, and shall provide other financial information that is requested by the department.

4. No contract for services may authorize, allow or imply a delegation of authority or responsibility to a contractor for any of the following:

(a) Granting conditional liberty.

(b) Establishing length of stay guidelines.

(c) Revoking conditional liberty.

(d) Granting absolute discharge.

D. When a youth is committed, the clerk of the committing court shall file with the department a certified copy of the order of the court, with a sufficient transcript of the record to inform the department of the material facts of the case.