7-22-112. Nondelegation of authority.
(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 to:
(i) Classify inmates or place inmates in less restrictive custody or more restrictive custody;
(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 eligibility dates;
(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.