Effective - 28 Aug 2009
221.097. Private jails — prisoners to be confined separately, when — health care services, adequate care required — limitation on contracts with private jails. — 1. Persons confined in private jails shall be separated and confined according to gender. Persons confined under civil process or for civil causes, except those persons confined awaiting a determination on whether probation or parole will be revoked or continued, shall be kept separate from persons confined awaiting trial for criminal charges, awaiting sentencing for criminal charges, awaiting determination on whether probation or parole will be revoked or continued, or serving a sentence on a criminal investigation.
2. The administrator shall arrange for necessary health care services for persons confined in the private jail.
3. The administrator shall ensure that persons confined in the private jail have adequate clothing, food, and bedding. Deprivation of adequate clothing, food, or bedding shall not be used as a disciplinary action against any confined person.
4. No person confined in a private jail shall be used in any manner for the profit, betterment, or personal gain of any employee of the county or of any employee of the private jail.
5. Nothing in section 221.095 and this section shall create any new civil cause of action under Missouri law nor shall it be interpreted so as to conflict with the civil rights and constitutional rights of due process accorded to any person in any investigation of a crime or potential crime.
6. Any investigation of a report made under subsection 2 or 3 of section 221.095 shall be concluded in a timely manner by law enforcement and a written report of the conclusions shall be provided to the private jail.
7. The state or its political subdivisions shall not contract with any private jail to provide services, unless such private jail provides written documentation of its ability to indemnify the state or political subdivision for any liability which attaches to the state or political subdivision as a result of the contract or services provided under the contract. Such documentation shall demonstrate an ability to indemnify the state or political subdivision in an amount acceptable to the state or political subdivision.
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(L. 2009 S.B. 44)
Structure Missouri Revised Statutes
Title XIII - Correctional and Penal Institutions
Chapter 221 - Jails and Jailers
Section 221.020 - Sheriffs to be jailers, exception, Clay County.
Section 221.030 - Coroner to be jailer, when.
Section 221.050 - Separation of prisoners.
Section 221.060 - Prisoners to have certain privileges.
Section 221.065 - Feminine hygiene products, available at no cost to female persons in custody.
Section 221.070 - Prisoners liable for cost of imprisonment — certification of outstanding debt.
Section 221.080 - County commission to bear certain expenses.
Section 221.120 - Medicine and medical attention for prisoners, definitions.
Section 221.122 - Repayment for medical care to be term of probation, parole or conditional release.
Section 221.125 - Suspension of MO HealthNet medical assistance in lieu of termination, when.
Section 221.130 - Contagious disease — certification of physician — order for removal.
Section 221.150 - Shackling of prisoner, how paid.
Section 221.160 - Criminal costs, how paid.
Section 221.230 - Jail of another county to be used, when.
Section 221.240 - Sheriff to take prisoners before circuit court.
Section 221.250 - Failure of sheriff to comply with section 221.240 — penalty.
Section 221.260 - Commitment from another county, expenses, how paid.
Section 221.270 - Jailer to receive and keep United States prisoners.
Section 221.280 - Penalty for failure to receive and keep United States prisoners.
Section 221.290 - United States to pay for use of jails.
Section 221.300 - Grand jury to visit jail, when.
Section 221.310 - Humane treatment of prisoners.
Section 221.320 - Board of visitors — appointment — terms.
Section 221.330 - Organization of board.
Section 221.340 - Duties of board.
Section 221.350 - Board to make yearly report.
Section 221.353 - Damage to jail property, class E felony.
Section 221.402 - Regional jail districts, powers.
Section 221.405 - Commission — members, vacancies, budget.
Section 221.410 - Powers, duties.
Section 221.415 - Director, duties — salary.
Section 221.420 - Use of regional jail, purpose — county may keep its own jail.
Section 221.430 - District income, distribution upon dissolution.