West Virginia Code
Article 5. Private Prisons
§25-5-9. Terms of Contract

Contracts awarded under the provisions of this article shall:
(1) Provide for internal and perimeter security to protect the public, staff members and inmates.
(2) Impose discipline on inmates only in accordance with the rules promulgated by the commissioner.
(3) Provide for proper food, clothing, housing, and medical care for inmates.
(4) Require that a contractor shall adhere to the rules promulgated by the commissioner.
(5) Require that the contractor and the contracting agency shall indemnify, defend and hold harmless the state, its agencies, political subdivisions, and the employees and other contractors of the state, its agencies and political subdivisions from any claim or cause of action which arises from any act or omission by the contractor or any of the contractor's employees or subcontractors.
(6) Require the contractor to indemnify the state or its political subdivisions for any moneys the state or its political subdivisions may expend for claims against the state or its political subdivisions pursuant to section seventeen of this article.
(7) Require a foreign contracting agency to transport an inmate back to the contracting agency's state for parole, furlough or release.

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