1. (1)

   1. (a) With the approval of the sheriff, a county executive may contract with private contractors for management, maintenance, operation, and construction of county jails.
   2. (b) A county executive may include a provision in the contract that allows use of a building authority created under the provisions of Title 17D, Chapter 2, Local Building Authority Act, to construct or acquire a jail facility.
   3. (c) A county executive may include a provision in the contract that requires that any county jail facility meet any federal, state, or local standards for the construction of jails.

2. (2) If a county executive contracts only for the management, maintenance, or operation of a county jail, the county executive shall include provisions in the contract that:

   1. (a) require the private contractor to post a performance bond in the amount set by the county legislative body;
   2. (b) establish training standards that shall be met by county jail personnel;
   3. (c) require the private contractor to provide and fund training for county jail personnel so that the county jail 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;
   4. (d) require the private contractor to indemnify the county for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the county;
   5. (e) require the private contractor to show evidence of liability insurance protecting the county and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the county jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah;

   6. (f) require the private contractor to:

      1. (i) receive all prisoners committed to the county jail by competent authority; and
      2. (ii) provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and
   7. (g) prohibit the private contractor from using inmates for private business purposes of any kind.
3. (3) 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.

Renumbered and Amended by Chapter 13, 2025 Special Session 1