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Session Laws, 2004
Volume 801, Page 801   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 213

(5) THE COMMISSION SHALL NOTIFY THE EXECUTIVE AND LEGISLATIVE
BODY RESPON
SIBLE FOR THE CORRECTIONAL FACILITY WHEN THE COMMISSION
IMPOSES A FINE OR A CORRECTIONAL FACILITY FAILS TO PAY A FINE.
SEND A
LETTER OF REPRIMAND TO THE CORRECTIONAL FACILITY.

(2)      THE LETTER OF REPRIMAND SHALL STATE:

(I)      WHICH MINIMUM STANDARDS THE CORRECTIONAL FACILITY
HAS VIOLATED;

(II)     THE TIME, TO BE DETERMINED BY THE COMMISSION BUT NOT
TO EXCEED 60 DAYS, THAT THE CORRECTIONAL FACILITY HAS TO ADDRESS THE
VIOLATIONS; AND

(III)   THE DATE THAT THE COMMISSION WILL REINSPECT THE
CORRECTIONAL FACILITY TO DETERMINE IF THE CORRECTIONAL FACILITY HAS
COMPLIED WITH THE MINIMUM MANDATORY STANDARDS.

(3)      THE COMMISSION SHALL SEND A COPY OF THE LETTER OF
REPRIMAND TO THE EXECUTIVE AND LEGISLATIVE BODY RESPONSIBLE FOR THE
CORRECTIONAL FACILITY.

(C) (1) IF, AFTER THE COMMISSION HAS ASSESSED 4 WEEKS OF FINES
AGAIN
ST SENT A LETTER OF REPRIMAND TO A CORRECTIONAL FACILITY UNDER
SUBSECTION (B) OF THIS SECTION AND REINSPECTED THE FACILITY, THE
COMMISSION DETERMINES THAT THE CORRECTIONAL FACILITY IS IN VIOLATION OF
THE MINIMUM MANDATORY STANDARDS, THE COMMISSION SHALL CONDUCT A FULL
STANDARDS AND PERFORMANCE AUDIT OF THE CORRECTIONAL FACILITY.

(2)      WHEN CONDUCTING A FULL STANDARDS AND PERFORMANCE AUDIT
OF A CORRECTIONAL FACILITY, THE COMMISSION SHALL EXAMINE:

(I)      THE PHYSICAL CONDITION OF THE CORRECTIONAL FACILITY;

(II)     THE SAFETY AND TREATMENT OF INMATES AT THE
CORRECTIONAL FACILITY;

(III)   THE SAFETY OF CORRECTIONAL FACILITY PERSONNEL;

(IV) WHETHER THE        CORRECTIONAL FACILITY HAS

ADMINISTRATIVE POLICIES AND PROCEDURES FN PLACE AS REQUIRED BY THE
MINIMUM MANDATORY STANDARDS; AND

(V) (IV) WHETHER THE CORRECTIONAL FACILITY IS FOLLOWING
THE REQUIRED ADMINISTRATIVE POLICIES AND PROCEDURES.

(3)     WHEN CONDUCTING A FULL STANDARDS AND PERFORMANCE
AUDIT, THE COMMISSION SHALL HAVE UNRESTRICTED ACCESS TO THE PERSONNEL
AND RECORDS OF THE CORRECTIONAL FACILITY.

(4)      (I) IF THE COMMISSION LACKS THE EXPERTISE NECESSARY TO
PERFORM A PART OF THE FULL STANDARDS AND PERFORMANCE AUDIT, THE

- 801 -

 

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Session Laws, 2004
Volume 801, Page 801   View pdf image
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