Nondelegable responsibilities

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No contract for private correctional facilities or services shall authorize, allow, or imply a delegation of the authority or responsibility of the state to a prison contractor to:

Classify inmates or place inmates in less restrictive custody or more restrictive custody;

Transfer an inmate, although the contractor may recommend in writing that the department transfer a particular inmate;

Grant, deny, or revoke sentence credits;

Recommend that the parole board either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;

Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates;

Require an inmate to work, except on department-approved projects; approve the type of work that inmates may perform; or award or withhold wages or sentence credits based on the manner in which individual inmates perform such work; or

Determine inmate eligibility for furlough and work release.


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