1. If the director contracts with a private person or entity for the transportation of inmates to or from an institution, the contract shall include provisions which require the following:
a. The private person or any officers or employees of the private person or private entity shall not have been convicted of any of the following:
(1) A felony.
(2) Within the three-year period immediately preceding the date of the execution of the contract, a violation of the laws pertaining to operation of motor vehicles punishable as a serious misdemeanor or greater offense.
(3) Domestic abuse assault in which bodily injury was inflicted or attempted to be inflicted.
(4) A crime involving illegal manufacture, use, possession, sale, or an attempt to illegally manufacture, use, possess, or sell alcohol or a controlled substance or other drug.
b. The person or persons actually transporting the prisoners shall be trained and proficient in the safe use of firearms.
c. Any employees of a private entity which has entered into the contract for transportation of prisoners shall only possess and use security and restraint equipment, including any firearms, which has been issued by the private entity.
d. The person or persons actually transporting the prisoners shall be trained and proficient in appropriate transportation procedures.
e. The person or entity complies, within one year of publication, with any applicable standards for the transportation of prisoners promulgated by the American corrections association.
2. The department shall adopt rules pertaining to contracts with private persons or entities providing transportation of inmates of institutions under the control of the department.
98 Acts, ch 1131, §5
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