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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-8-58.5

A city or town governing body may contract with private contractors for city jail management, maintenance, operation, or construction, and must add specified contract terms when the contract covers only management,…

Source excerpt

city jailsconstruction standardscontract compliancecontractingcontractscorrectional operationshealth carejail constructionjail contract managementjail maintenancejail managementjail operationjailsliability insurancemunicipal operationsprivate contractorspublic contractssubstance use treatment
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

Purpose and legislative effect

“A city or town governing body may contract with private contractors for city jail management, maintenance, operation, or construction, and must add specified contract terms when the contract covers only management, maintenance, or operation.”

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02

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Subsection 10-8-58.5(3)

If the governing body contracts only for the management, maintenance, or operation of a jail, the governing body shall include provisions in the contract that: require the private contractor to post a performance bond in the amount set by

Section 10-8-58.5(3)

Subsection 10-8-58.5(3)(e)

The private contractor must show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability related to the jail.

Section 10-8-58.5(3)(e)

Subsection 10-8-58.5(3)(g)

The private contractor must not use inmates for private business purposes of any kind.

Section 10-8-58.5(3)(g)

Subsection 10-8-58.5(5)

A contract clause requiring a private contractor to carry certain liability insurance does not waive the damages cap for a governmental entity or its employees.

Section 10-8-58.5(5)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

In force

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Showing 21 of 21 provisions

Provision 21
§ 10-8-58.5Contracting for management, maintenance, operation, or construction of jails.Provision

Source excerpt

A city or town governing body may contract with private contractors for city jail management, maintenance, operation, or construction, and must add specified contract terms when the contract covers only management, maintenance, or operation.

Contracting for management, maintenance, operation, or construction of jails. As used in this section, "medication assisted treatment plan" means a prescription plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder. The governing body of a city or town may contract with private contractors for management, maintenance, operation, and construction of city jails. The governing body may include a provision in the contract that requires that any jail facility meet any federal, state, or local standards for the construction of jails. If the governing body contracts only for the management, maintenance, or operation of a jail, the governing body shall include provisions in the contract that: require the private contractor to post a performance bond in the amount set by the governing body; establish training standards that shall be met by jail personnel; require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners; require the private contractor to indemnify the city or town for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the city or town; require the private contractor to show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah ; require the private contractor to: receive all prisoners committed to the jail by competent authority; provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and prohibit the use of inmates by the private contractor for private business purposes of any kind. A medication used for a medication assisted treatment plan under Subsection (3)(f)(iii) : shall be administered to an inmate in accordance with the inmate's prescription under the direction of the sheriff; may be paid for by a county; and may be left or stored at a jail at the discretion of the sheriff. A contractual provision requiring the private contractor to maintain liability insurance in an amount not less than the liability limits established by Title 63G, Chapter 7, Governmental Immunity Act of Utah , may not be construed as waiving the limitation on damages recoverable from a governmental entity or its employees established by that chapter.
Section 10-8-58.5Verify source
§ 10-8-58.5(1)Subsection 10-8-58.5(1)Provision

Source excerpt

This section defines “medication assisted treatment plan” as a prescription plan using buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder.

As used in this section, "medication assisted treatment plan" means a prescription plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder.
Section 10-8-58.5(1)Verify source
§ 10-8-58.5(2)Subsection 10-8-58.5(2)Provision

Source excerpt

A city or town governing body may contract with private contractors to manage, maintain, operate, and construct city jails.

The governing body of a city or town may contract with private contractors for management, maintenance, operation, and construction of city jails. The governing body may include a provision in the contract that requires that any jail facility meet any federal, state, or local standards for the construction of jails.
Section 10-8-58.5(2)Verify source
§ 10-8-58.5(2)(a)Subsection 10-8-58.5(2)(a)Provision

Source excerpt

A city or town governing body may contract with private contractors to manage, maintain, operate, and construct city jails.

The governing body of a city or town may contract with private contractors for management, maintenance, operation, and construction of city jails.
Section 10-8-58.5(2)(a)Verify source
§ 10-8-58.5(2)(b)Subsection 10-8-58.5(2)(b)Provision

Source excerpt

The governing body may include a contract provision requiring any jail facility to meet federal, state, or local construction standards.

The governing body may include a provision in the contract that requires that any jail facility meet any federal, state, or local standards for the construction of jails.
Section 10-8-58.5(2)(b)Verify source
§ 10-8-58.5(3)Subsection 10-8-58.5(3)Provision

Source excerpt

If the governing body contracts only for the management, maintenance, or operation of a jail, the governing body shall include provisions in the contract that: require the private contractor to post a performance bond in the amount set by

If the governing body contracts only for the management, maintenance, or operation of a jail, the governing body shall include provisions in the contract that: require the private contractor to post a performance bond in the amount set by the governing body; establish training standards that shall be met by jail personnel; require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners; require the private contractor to indemnify the city or town for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the city or town; require the private contractor to show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah ; require the private contractor to: receive all prisoners committed to the jail by competent authority; provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and prohibit the use of inmates by the private contractor for private business purposes of any kind.
Section 10-8-58.5(3)Verify source
§ 10-8-58.5(3)(a)Subsection 10-8-58.5(3)(a)Provision

Source excerpt

The private contractor must post a performance bond in the amount set by the governing body.

require the private contractor to post a performance bond in the amount set by the governing body;
Section 10-8-58.5(3)(a)Verify source
§ 10-8-58.5(3)(b)Subsection 10-8-58.5(3)(b)Provision

Source excerpt

Jail personnel must meet training standards.

establish training standards that shall be met by jail personnel;
Section 10-8-58.5(3)(b)Verify source
§ 10-8-58.5(3)(c)Subsection 10-8-58.5(3)(c)Provision

Source excerpt

require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the

require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners;
Section 10-8-58.5(3)(c)Verify source
§ 10-8-58.5(3)(d)Subsection 10-8-58.5(3)(d)Provision

Source excerpt

A private contractor must indemnify the city or town for certain contractor-caused errors, omissions, defalcations, and other activities that create liability for the city or town.

require the private contractor to indemnify the city or town for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the city or town;
Section 10-8-58.5(3)(d)Verify source
§ 10-8-58.5(3)(e)Subsection 10-8-58.5(3)(e)Provision

Source excerpt

The private contractor must show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability related to the jail.

require the private contractor to show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah ;
Section 10-8-58.5(3)(e)Verify source
§ 10-8-58.5(3)(f)Subsection 10-8-58.5(3)(f)Provision

Source excerpt

The private contractor must receive prisoners committed to the jail, provide necessary food, clothing, and bedding as prescribed by the governing body, and cooperate with medical personnel to continue medication-assisted treatment for qualifying inmates.

require the private contractor to: receive all prisoners committed to the jail by competent authority; provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and
Section 10-8-58.5(3)(f)Verify source
§ 10-8-58.5(3)(f)(i)Subsection 10-8-58.5(3)(f)(i)Provision

Source excerpt

The jail must receive all prisoners committed to it by competent authority.

receive all prisoners committed to the jail by competent authority;
Section 10-8-58.5(3)(f)(i)Verify source
§ 10-8-58.5(3)(f)(ii)Subsection 10-8-58.5(3)(f)(ii)Provision

Source excerpt

They must provide necessary food, clothing, and bedding in the manner prescribed by the governing body.

provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and
Section 10-8-58.5(3)(f)(ii)Verify source
§ 10-8-58.5(3)(f)(iii)Subsection 10-8-58.5(3)(f)(iii)Provision

Source excerpt

cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and

cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and
Section 10-8-58.5(3)(f)(iii)Verify source
§ 10-8-58.5(3)(g)Subsection 10-8-58.5(3)(g)Provision

Source excerpt

The private contractor must not use inmates for private business purposes of any kind.

prohibit the use of inmates by the private contractor for private business purposes of any kind.
Section 10-8-58.5(3)(g)Verify source
§ 10-8-58.5(4)Subsection 10-8-58.5(4)Provision

Source excerpt

A medication for a medication-assisted treatment plan must be administered to an inmate according to the inmate’s prescription and under the sheriff’s direction.

A medication used for a medication assisted treatment plan under Subsection (3)(f)(iii) : shall be administered to an inmate in accordance with the inmate's prescription under the direction of the sheriff; may be paid for by a county; and may be left or stored at a jail at the discretion of the sheriff.
Section 10-8-58.5(4)Verify source
§ 10-8-58.5(4)(a)Subsection 10-8-58.5(4)(a)Provision

Source excerpt

Medicine or other treatment must be given to an inmate according to the inmate’s prescription and under the sheriff’s direction.

shall be administered to an inmate in accordance with the inmate's prescription under the direction of the sheriff;
Section 10-8-58.5(4)(a)Verify source
§ 10-8-58.5(4)(b)Subsection 10-8-58.5(4)(b)Provision

Source excerpt

Something may be paid for by a county.

may be paid for by a county; and
Section 10-8-58.5(4)(b)Verify source
§ 10-8-58.5(4)(c)Subsection 10-8-58.5(4)(c)Provision

Source excerpt

Something may be left or stored at a jail if the sheriff allows it.

may be left or stored at a jail at the discretion of the sheriff.
Section 10-8-58.5(4)(c)Verify source
§ 10-8-58.5(5)Subsection 10-8-58.5(5)Provision

Source excerpt

A contract clause requiring a private contractor to carry certain liability insurance does not waive the damages cap for a governmental entity or its employees.

A contractual provision requiring the private contractor to maintain liability insurance in an amount not less than the liability limits established by Title 63G, Chapter 7, Governmental Immunity Act of Utah , may not be construed as waiving the limitation on damages recoverable from a governmental entity or its employees established by that chapter.
Section 10-8-58.5(5)Verify source

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