(a)
(1) No private correctional facility in which inmates committed to the Department of Correction, out-of-state inmates, or federal inmates are to be housed shall be constructed nor shall any facility be renovated for the purpose of creating a private correctional facility in which inmates committed to the Department of Correction, out-of-state inmates, or federal inmates are to be housed within the state without review and approval by the Board of Corrections and review and approval by the Legislative Council.
(2) Review of requests for construction at a minimum shall include:
(A) Consideration of the location, design, security level, and financing of the facility; and
(B) The nature of the inmates to be housed in the facility.
(b)
(1) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates without approval of the board.
(2) Review of requests to house such inmates may include, among other factors, consideration of the design and security level of the facility and the nature of the inmates to be housed in the facility.
(3) Approval must be obtained at least annually.
(c) (1) (A) Except as provided in subsection (e) of this section, no facility located within this state, except a facility operated by the United States Bureau of Prisons, may house out-of-state or federal inmates unless the board has certified that the state does not need some or all of the capacity of the facility for state inmates.
(B) Such certification shall be obtained at least annually.
(2) The board shall also certify the custody levels of any facility housing out-of-state or federal inmates.
(d) The board, in its discretion, may declare an emergency and waive the provisions of subsection (a) of this section to make use of available space for housing state inmates.
(e) Subsections (b) and (c) of this section shall not be construed to prohibit the temporary detention in this state of any out-of-state or federal inmate transported to this state for the purpose of appearing in court or any suspected alien detained by authority of the United States Department of Homeland Security, nor shall subsections (b) and (c) of this section be construed to alter or affect the operation of any interstate compact or agreement between this state or any other state or the federal government regarding the detention and housing of inmates.
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