Current through the 2023 Regular Session
Section 53-30-607 - Licensure limitations - siting of private correctional facilities(1) The department may not grant a license to a private correctional facility located within 1 mile of a public or nonpublic school, not including a home school. However, if a public or nonpublic school is established after a facility has been approved, the department may not prevent the private correctional facility from operating because of this subsection (1).(2) The department may not grant a license to a private correctional facility unless there has been a public hearing in the county in which the private correctional facility is to be located and unless the county commissioners approve the location of the private correctional facility by a majority vote. If the proposed facility is to be located within the limits of a municipality, the department may not grant a license to a private correctional facility unless there has been a public hearing in the municipality and the local governing body approves the location of the private correctional facility by a majority vote.(3) If the siting of a private correctional facility is proposed within 7 1/2 miles of an adjacent county or if the department determines that there are reasonable expectations that the siting may have a significant impact on an adjacent county, the department may not grant a license to a private correctional facility unless there has been a public hearing in the adjacent county and unless the concerns of the adjacent county have been considered.En. Sec. 7, Ch. 511, L. 1997.