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Section 1. As used in this act, unless the context otherwise requires:

1. "Committing jurisdiction" means the jurisdiction that convicted or

committed a prisoner who is or is going to be confined at the Southern

Nevada Correctional Center pursuant to a contract entered into pursuant to

this act, including, without limitation, an agency of the Federal

Government, an agency of another state or an agency of a political

subdivision of this state.

2. "Department" means the department of prisons.

3. "Director" means the director of the department.

4. "Lessee" means a person, including, without limitation, an agency of

the Federal Government, an agency of another state or an agency of a

political subdivision of this state, who enters into a contract with the

department to lease the Southern Nevada Correctional Center.

5. "Prisoner" means a person held in custody under process of law.

Sec. 2. 1. The department may request that proposals for a contract

to lease the Southern Nevada Correctional Center be submitted to the

department.

2. Except as otherwise provided in subsection 3, the department may

enter into a contract, including, without limitation, an interlocal agreement,

that meets the requirements of this act to lease the Southern Nevada

Correctional Center for use as a juvenile or adult facility for keeping

prisoners of a committing jurisdiction.

3. The department may not enter into a contract with a lessee other

than an agency of the Federal Government, an agency of another state or an

agency of a political subdivision of this state to lease the Southern Nevada

Correctional Center unless the lessee provides:

(a) Evidence of his qualifications, experience and ability to comply with

applicable court orders and correctional standards.

(b) Evidence of past performance of similar contracts, including,

without limitation, audited financial statements and other financial

information as requested.

(c) Management personnel necessary to carry out the terms of the

contract.

Sec. 3. 1. A contract to lease the Southern Nevada Correctional

Center must:

(a) Be made on the best terms available for this state

.

(b) Be prepared by the attorney general.

(c) Meet the requirements in section 4 of this act and contain any other

covenants or agreements that are usual, necessary or prudent.

(d) Be executed by this state and the lessee.

(e) Be executed by the committing jurisdiction of each prisoner who is

confined at the Southern Nevada Correctional Center. The committing

jurisdiction of a prisoner at the Southern Nevada Correctional Center may

execute the contract after the date the contract is executed by the lessee and

this state if that committing jurisdiction executes the contract before the

date the prisoner is confined at the Southern Nevada Correctional Center.

2. The director shall execute on behalf of this state any contract for the

lease of the Southern Nevada Correctional Center pursuant to this act,

subject to the approval of the state board of examiners.

3. A contract for the lease of the Southern Nevada Correctional Center

entered into pursuant to this act is exempt from the provisions of NRS

321.003, 321.005 and 322.110.

Sec. 4. A contract to lease the Southern Nevada Correctional Center

must provide that:

1. The director shall approve or disapprove the confinement of each

prisoner at the Southern Nevada Correctional Center, including, without

limitation, the return of a prisoner to the Southern Nevada Correctional

Center after an escape from lawful custody by the prisoner or the

transportation of the prisoner to the committing jurisdiction pursuant to

subsection 2. The director may, as he deems appropriate in his sole

discretion, order a prisoner to be returned to the committing jurisdiction at

any time. Upon such a disapproval or order for the return of a prisoner by

the director, the lessee shall transport the prisoner to the committing

jurisdiction, if necessary, and the committing jurisdiction shall retain or

accept the prisoner, as applicable. The lessee shall pay any costs of

transportation pursuant to this subsection.

2. If a prisoner at the Southern Nevada Correctional Center escapes

from lawful custody or engages in behavior that would be punishable if

committed by a prisoner at a facility or institution of this state:

(a) The office of the attorney general will prosecute the prisoner for the

escape from lawful custody or other behavior pursuant to the law of this

state if the Southern Nevada Correctional Center is being used as an adult

facility and the district attorney will prosecute the prisoner for the escape

from lawful custody or other behavior pursuant to the law of this state if the

Southern Nevada Correctional Center is being used as a juvenile facility.

(b) Unless the committing jurisdiction is an agency of a political

subdivision of this state, upon the conviction, adjudication of delinquency,

guilty plea or plea of nolo contendere of the prisoner in the prosecution

pursuant to paragraph (a), and the resultant sentencing or committing of the

prisoner to a term of confinement but not to death:

(1) The lessee shall immediately transport the prisoner to the

committing jurisdiction; and

(2) The committing jurisdiction shall accept the prisoner for service

of that term of commitment and for service of any time remaining in the

term of commitment for which the prisoner was confined in the Southern

Nevada Correctional Center.

(c) Except as otherwise provided in this paragraph, the lessee and the

committing jurisdiction are jointly and severally liable to this state for all

costs incurred by this state or a political subdivision of this state associated

with the investigation, prosecution, transportation or punishment of a

prisoner pursuant to this subsection. The provisions of this paragraph must

not be applied in a manner to make an agency of a political subdivision of

this state liable to this state for such costs.

3. The lessee will maintain internal and perimeter security to protect

the public, employees and prisoners.

4. If a prisoner at the Southern Nevada Correctional Center escapes

from lawful custody:

(a) The lessee shall immediately inform the department.

(b) The lessee shall take reasonable steps necessary and prudent to

recapture the prisoner.

(c) The director may issue a warrant pursuant to NRS 212.030 for the

recapture of the prisoner. Such a warrant is enforceable in the same manner

and to the same extent as any other warrant issued pursuant to that section.

If the Southern Nevada Correctional Center is being used as a juvenile

facility, the director may issue a written order for the return of the prisoner

to the Southern Nevada Correctional Center. All peace officers shall

execute such an order in the same manner as provided for the execution of

criminal process.

5. Except as otherwise provided in this subsection, the lessee and the

committing jurisdiction are jointly and severally liable to this state for:

(a) All costs incurred by this state or a political subdivision of this state

that are associated with the recapture and return of a prisoner at the

Southern Nevada Correctional Center who escapes from lawful custody.

(b) The damages caused by the prisoner during the escape from lawful

custody and at any time before the prisoner is recaptured.

The provisions of this subsection must not be applied in a manner to make

an agency of a political subdivision of this state liable to this state for such

costs or damages.

6. If a riot or other serious disturbance or emergency occurs at the

Southern Nevada Correctional Center:

(a) The lessee shall:

(1) Immediately inform the department.

(2) Take reasonable steps necessary and prudent to respond to the riot

or other serious disturbance or emergency.

(3) Unless the lessee is an agency of a political subdivision of this

state, reimburse this state for all costs incurred by this state or a political

subdivision of this state that are associated with the riot or other serious

disturbance or emergency.

(b) Any agency of this state or any agency of a political subdivision of

this state may respond in a manner deemed appropriate by the director,

including, without limitation, assisting to quell the riot or disturbance.

7. The lessee, other than an agency of a political subdivision of this

state, shall indemnify this state, the political subdivisions of this state and

their officers, agents and employees, for any liability for any claim or loss

incurred by this state, a political subdivision of this state or their officers,

agents and employees as a result of the contract, including, without

limitation, liability for a civil rights claim or any other claim brought by or

on behalf of a prisoner at the Southern Nevada Correctional Center. The

provisions of this subsection do not deprive a lessee, this state, a political

subdivision of this state or their officers, agents and employees of the

benefits of any law that limits exposure to liability or damages.

8. The lessee, other than an agency of a political subdivision of this

state, shall maintain a policy of liability insurance, in a form approved by

the department, in an amount not less than the amount specified in the

contract, listing this state, the political subdivisions of this state and their

officers, agents and employees as insureds.

9. The lessee shall not release in this state a prisoner from the Southern

Nevada Correctional Center without the permission of the department

unless the committing jurisdiction of the prisoner is an agency of a political

subdivision of this state.

Sec. 5. Unless the lessee is an agency of a political subdivision of this

state, employees of the lessee who provide security at the Southern Nevada

Correctional Center may only use such lawful force and exercise such

lawful power as granted pursuant to the contract while:

1. Supervising a prisoner, at any location, if the prisoner is a prisoner

from the Southern Nevada Correctional Center.

2. Transporting a prisoner to or from the Southern Nevada

Correctional Center.

3. Pursuing a prisoner at the Southern Nevada Correctional Center who

has escaped from lawful custody.

Sec. 6. 1. Except as otherwise provided in subsection 3, while a

contract for the lease of the Southern Nevada Correctional Center as an

adult facility is in effect, a prisoner at the Southern Nevada Correctional

Center shall be deemed a prisoner of this state, and the Southern Nevada

Correctional Center shall be deemed a prison, facility or institution of this

state, for the purposes of chapter 212 of NRS, except for NRS 212.040 and

212.070.

2. While a contract for the lease of the Southern Nevada Correctional

Center as a juvenile facility is in effect, a prisoner at the Southern Nevada

Correctional Center shall be deemed a prisoner of this state, and the

Southern Nevada Correctional Center shall be deemed a facility or

institution of this state, for the purposes of chapter 62 of NRS.

3. For the purposes of prosecuting a person who is not a prisoner at the

Southern Nevada Correctional Center for any unlawful conduct relating to

a prisoner at the Southern Nevada Correctional Center, a prisoner at the

Southern Nevada Correctional Center shall be deemed a prisoner of this

state, and the Southern Nevada Correctional Center shall be deemed a

prison, facility or institution of this state, including, without limitation, for

the purposes of NRS 212.070.

Sec. 7. This act becomes effective on July 1, 1999.

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