221.095. Private jails, defined--reports of possible criminal violations required--missing prisoners, requirements. - Missouri Statutes

Private jails, defined--reports of possible criminal violationsrequired--missing prisoners, requirements.

221.095. 1. For the purposes of this section, "private jail" shallmean a facility not owned or operated by the state, a county, or amunicipality that confines or detains prisoners who are awaiting trial,awaiting sentencing, or serving a sentence in a jail. Such private jailsshall be subject to all applicable state laws and local ordinances.

2. Any written report regarding any violation of a state criminal lawthat would result in a punishment of at least one year in prison shallcontain the name and address of the private jail, the name of the prisoneror person who may have committed the law violation, information regardingthe nature of the law violation, the name of the complainant, and otherinformation which might be relevant.

3. The administrator of the private jail shall, in a timely manner,refer all reports of such law violations to local, state, or county lawenforcement having jurisdiction over the area in which the private jail islocated. The administrator and employees of the private jail shallcooperate with law enforcement in the investigation of the facts alleged inthe report insofar as is consistent with the constitutional rights of allparties involved.

4. In the event that a prisoner is missing, the private jail shalltake prompt and reasonable action to discover whether the prisoner hasescaped. Upon learning that an escape has occurred, the private jail shallpromptly notify the police department of the municipality, if any, in whichthe escape occurred and shall promptly notify the sheriff's department ofthe county in which the escape occurred and the Missouri state highwaypatrol. The private jail shall also notify any court or government agencyfrom which an escaped prisoner or offender was referred. The private jailshall provide to the law enforcement agencies all available informationknown about the escape and the escapee.

5. Any person who makes a report under this section or who testifiesin any administrative or judicial proceeding arising from the report shallbe immune from any civil or criminal liability for making such a report orfor testifying, except for liability for perjury, unless such person actedwith malice.

(L. 2009 S.B. 44)