§ 12-26-108 — Failure to meet minimum standards - Procedure

(a) (1) If an inspection under this chapter discloses that the criminal detention facility or juvenile detention facility does not meet the minimum standards established by the Criminal Detention Facilities Review Coordinator, the criminal detention facility review committee shall send notice, together with the inspection report, to the governing body responsible for the criminal detention facility or juvenile detention facility. (2) A copy of the notice required by this chapter shall also be sent to the administrative judge of a judicial district within the geographic area of the criminal detention facility review committee district in which the criminal detention facility or juvenile detention facility is located. (b) The appropriate governing body shall promptly meet to consider the inspection report, and the chair of the criminal detention facility review committee, or the chair's designee, shall appear to advise and consult concerning appropriate corrective action. (c) The governing body shall then initiate appropriate corrective action within six (6) months of the receipt of the inspection report or may voluntarily close the criminal detention facility or juvenile detention facility or the objectionable portion of the criminal detention facility or juvenile detention facility. (d) (1) If the governing body fails to initiate corrective action within six (6) months after receipt of the inspection report, or fails to correct the disclosed conditions, or fails to close the criminal detention facility or juvenile detention facility or the objectionable portion of the criminal detention facility or juvenile detention facility, the committee may petition a circuit court within the judicial district in which the criminal detention facility or juvenile detention facility is located to close the criminal detention facility or juvenile detention facility. (2) The petition shall include the inspection report regarding the criminal detention facility or juvenile detention facility. (3) The local governing body shall then have thirty (30) days to respond to the petition and shall serve a copy of the response on the chair by certified mail, return receipt requested. (e) Thereafter, a hearing shall be held on the petition before the circuit court, and an order rendered by the circuit court which: (1) Dismisses the petition of the committee; (2) Directs that corrective action be initiated in some form by the local governing body with respect to the criminal detention facility or juvenile detention facility in question; or (3) Directs that the criminal detention facility or juvenile detention facility be closed. (f) An appeal from the decision of the circuit court may be taken as provided in the Rules of Appellate Procedure - Civil.

Legislative History

Amended by Act 2017, No. 250,§ 19, eff. 8/1/2017. Amended by Act 2017, No. 153,§ 7, eff. 8/1/2017. Acts 1983, No. 741, §§ 9, 10; 1985, No. 539, § 4; A.S.A. 1947, §§ 46-1218, 46-1219; Acts 1989, No. 515, § 5.