Sec. 1. (1) The Department Of Corrections May Enter Into A Contract With A Public Entity For The Provision Of Correctional Services In A Correctional Facility That Is Located In Another State If The Facility Is Suitable For The Confinement And Care Of Per
(2) Contracts Entered Into Under Subsection (1) Of This Section Are Exempt From The Provisions Of Ors Chapter 279 [Chapter Became Ors 279.835 To 279.855] And Sections 1 To 46 [Ors Chapter 279 A], 47 To 87 [Ors Chapter 279 B] And 88 To 179 [Ors Chapter 279
(3)(A) After Entering Into A Contract Under Subsection (1) Of This Section, The Department:
(A) May Convey A Person Committed To The Legal And Physical Custody Of The Department To A Correctional Facility Owned Or Operated By The Public Entity With Whom The Department Has Contracted; And
(B) May Transfer Physical Custody Of The Person To The Custodial Authorities Of The Facility.
(B) A Person Whose Physical Custody Is Transferred Under This Subsection Shall Be Confined In The Correctional Facility To Which The Person Was Conveyed Until:
(A) The Person's Sentence Has Expired Or The Person Is Otherwise Discharged By Law; Or
(B) The Department Directs That The Person:
(I) Be Returned To The Physical Custody Of The Department; Or
(Ii) Be Conveyed To Another Correctional Facility.
(C) Except As Otherwise Provided In The Contract Entered Into Under Subsection (1) Of This Section, A Person Whose Physical Custody Is Transferred Under This Subsection Is Subject To The Operational Policies And Procedures Of The Correctional Facility To
(4) When A Contract Under Subsection (1) Of This Section Expires, The Department Shall Return All Persons Confined In A Correctional Facility Pursuant To The Contract To The Physical Custody Of The Department Or Convey The Persons To Another Correctional
Sec. 2. The Department Of Corrections May Not Enter Into A Contract Under Section 1 Of This 2003 Act Unless The Department:
(1) Evaluates The Availability And Cost Of Correctional Facilities In This State Considering Constitutional Requirements, State Law Requirements And The Availability Of Programs That Enhance The Likelihood Of Offenders Successfully Functioning In Society
(2) Determines That Appropriate Correctional Facilities Are Not Available In This State. [2003 C.422 &Sect;2]
Sec. 3. Sections 1 And 2 Of This 2003 Act Are Repealed On December 31, 2009. [2003 C.422 &Sect;3]
