It is sometimes necessary for local facilities to temporarily hold inmates who are transferred from other facilities or agencies, either pursuant to a state statute (with or without a per diem or other financial consideration), or through informal contracts (or a contract providing only for the payment of the per diem), in order to address a function of the judicial system or law enforcement agency, such as adjudication of parole or probation violations or if a state inmate is returned temporarily to the local facility for a court appearance or testimony. Do these arrangements constitute contracts for the confinement of inmates pursuant to PREA Standard 115.12 (Standard 115.212 and Standard 115.312)?
When a local facility houses inmates transferred temporarily from another facility or agency for a function necessitated by the judicial system or law enforcement agency, such as adjudication of parole or probation violations or for a court appearance or testimony, the arrangement does not, in and of itself, constitute a contract for the confinement of inmates for the purposes of Standard 115.12 (Standard 115.212 and Standard 115.312), even if the local jurisdiction is paid a per diem or otherwise compensated pursuant to state statute or informal agreement. The state/agency need not require PREA compliance by the local facilities to maintain arrangements with regard to temporary housing for the purpose of probation or parole violations or temporary transfers for court appearances or testimony.
Revised April 18, 2018. Original posting date February 19, 2014.