§ 7-22-102 — Authority to contract; general conditions

Wyoming § 7-22-102

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 22: PRIVATE CORRECTIONAL FACILITIES
• Art. 1: IN GENERAL

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(a) The state or a local government may contract with
private entities for the construction, lease (as lessor or
lessee), acquisition, improvement, operation, maintenance,
purchase or management of facilities and services as provided in
this article, but only after receiving the consent of the five
(5) state elected officials as to site, number of beds and
classifications of inmates or prisoners to be housed in the
facility.
(b) No contract shall be entered into or renewed unless
the contracting governmental entity, with the concurrence of the
five (5) state elected officials, determines the contract offers
substantial cost savings to the contracting governmental entity
and at least the same quality of services provided by the state
or by similar local governments.
(c) After receiving the majority consent of the five (5)
state elected officials as to the site, number of beds and
classifications of inmates or prisoners to be housed in the
facility, the state or the local government may contract with
private entities for the construction, lease (as lessor or
lessee), acquisition, improvement, operation, maintenance,
purchase or management of facilities, either:
(i) For the incarceration of its own inmates or
prisoners;
(ii) For the incarceration of prisoners or inmates of
the state or any other local government;
(iii) For the incarceration of any prisoners or
inmates:
(A) Under the jurisdiction of the United States
government or any of its offices, departments or agencies;
(B) Otherwise under the control of the United
States government or any of its offices, departments or
agencies; or
(C) Lawfully confined by any jurisdiction within
the United States.
(d) The state or the local government may reject or return
prisoners from outside the state. Prisoners or inmates of
out-of-state, nonfederal jurisdictions shall not be incarcerated
in any facility operated by a local government entity under this
article without the consent of the majority of the five (5)
elected officials of this state. At no time shall the number of
prisoners from out-of-state, nonfederal jurisdictions
incarcerated in a facility operated by a local government entity
under this article exceed thirty percent (30%) of the capacity
of that facility. Any out-of-state, nonfederal prisoner shall be
returned to the jurisdiction of origin to be released from
custody by them, outside the state of Wyoming at the appropriate
time.
(e) Notwithstanding any other provision of law or any
rules or regulations adopted pursuant to statutory authority, a
negotiated selection process, including requests for proposals
from a list of applicants prequalified by the state or the local
government, shall be applicable to any contract between the
state or a local government and any private entity entered into
under the authority of this article. Standards for
prequalification of applicants under this subsection shall be
promulgated as rules by the state or local government entity
under the Wyoming Administrative Procedure Act before the
commencement of the selection process.
(f) Rules and regulations promulgated under this article
shall ensure that no contract entered into under this section
shall result in the significant displacement of employed workers
within a sixty (60) mile radius of the community.