Private prison; prisoner identification; notice

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41-1683. Private prison; prisoner identification; notice

A. Private prisons shall maintain photographs and fingerprints on site of all prisoners incarcerated in the facility.

B. Before another state transfers prisoners to a private prison in this state, the private prison housing prisoners under incarceration orders from a court of another state shall provide the governor, the director of the department of public safety and the director of the state department of corrections with the following information:

1. The number of prisoners to be transferred.

2. The names of the prisoners to be transferred.

3. The date of the transfer.

4. The security level of each prisoner to be transferred, as determined by the sentencing state.

C. If one to ten prisoners are transferred into this state, the private prison shall comply with the notification requirements in subsection B at least forty-eight hours before the prisoners arrive in this state. If eleven or more prisoners are transferred into this state, the private prison shall comply with the notification requirements pursuant to subsection B at least seven days before the prisoners arrive in this state.

D. The information provided pursuant to subsection B, paragraphs 2, 3 and 4 shall not be public record until the transfer of the prisoners is completed.


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