FORM 202

ADULT DETENTION AGREEMENT BETWEEN

(GOVERNMENTAL ENTITY), IDAHO

AND

(GOVERNMENTAL ENTITY), IDAHO

AGREEMENT made between __________ (Governmental Entity), a political subdivision of the state of Idaho, referred to herein as the "Sending Governmental Entity," and ____________ (Governmental Entity), a political subdivision of the state of Idaho, referred to herein as the "Receiving Governmental Entity," pursuant to Title 20, Chapter 6 of the Idaho Code.

WHEREAS, ____________ (Receiving Governmental Entity) is authorized by law to provide jail accommodations pursuant to the provisions of Title 20, Chapter 6 of the Idaho Code; and

WHEREAS, ______________ (Receiving Governmental Entity) operates a jail for detention of persons as provided by Idaho law;

NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and other good and valuable consideration, it is hereby agreed:

1.            HOUSING:  That ______________ (Receiving Governmental Entity) will allow male and female inmates, hereinafter called "inmates" under the jurisdiction or control of _____________ (Sending Governmental Entity) to be housed at the ____________ (Receiving Governmental Entity) Jail, and will segregate and treat all such inmates in the same manner as other inmates housed at the jail and in accordance with applicable provisions of the Idaho Code and the jail standards adopted by the Idaho Sheriff's Association.

2.            NOTIFICATION:  That arrangement for accommodations and housing of inmates shall be made at least four hours in advance, if possible, of the requested admission or arrival time.  Prior notification shall not be required in situations of an emergency nature, or when such notification is not reasonably feasible.  Prior notification shall be made by the  _______________ (Sending Governmental Entity) by contacting the jail of the Receiving Governmental Entity.  The _______________ (Sending Governmental Entity) shall provide ____________________ (Receiving Governmental Entity) at the time of delivery of an inmate with proper documentation establishing the lawful detention of the inmate.

3.            COURT APPEARANCES:  Inmates who are in custody, and require detention pending their initial court appearance may be housed at the jail.  ______________ (Receiving Governmental Entity) agrees that all such inmates will be taken to their initial appearance in accordance with the provisions of Title 19, Chapter 5 of the Idaho Code.  If said procedure is not completed as required by law, ______________ (Receiving Governmental Entity) will be responsible for assuming custody of and transporting the inmate from the jail back to ________________ (Sending Governmental Entity).

4.            COSTS OF CARE:  That _____________ (Sending Governmental Entity) will be responsible for obtaining medical releases for the inmate, and providing all information requested by the jail's administrative staff.  ____________ (Sending Governmental Entity) will also be responsible for all necessary arrangements for, and costs of, all desired services not normally provided at and by the jail or its staff, such as, but not limited to, medical and psychiatric care or testing for conditions not directly related to the inmate's detention at the jail.  It is expressly understood that all inmates shall be delivered to the __________ (Receiving Governmental Entity) Jail at __________ (Sending Governmental Entity's) sole expense and that ___________ (Sending Governmental Entity) assumes all responsibility for the inmates under its jurisdiction and control until said inmates are housed or detained within the confines of the jail.

5.            COMPENSATION:  That ______________ (Sending Governmental Entity) agrees to pay to __________ (Receiving Governmental Entity) the sum of ______ dollars ($_______) per day for each inmate housed in the _________ (Receiving Governmental Entity) Jail under this Agreement.  A "day" will be defined as any period of time which an inmate eats two or more regularly scheduled meals or occupies a bed for any portion of a night. 

6.            ADMISSION:  That ______________ (Receiving Governmental Entity) reserves the right to refuse admittance of any inmate under the jurisdiction of ______________ (Sending Governmental Entity) when such admittance would unduly burden the facilities or create disadvantage for inmates under the jurisdiction of ________________ (Receiving Governmental Entity).  The Administrator of the jail may also refuse admission of, or at any time, order the removal of any inmate whose presence, or continued presence, would be unduly detrimental to the welfare of such inmate or of any inmates in the jail, or the general operation of the jail.  Said right of refusal shall be limited to situations involving ______________ (Sending Governmental Entity) inmates:

a.  That are not accompanied by complete and proper documentation or arrive without prior notification of at lease two (2) hours to the jail; or

b.  That have medical conditions or injuries requiring immediate medical treatment; or

c.  That are in such an emotional or distraught state as to be a risk to themselves, other inmates at the jail, or to ______________ (Receiving Governmental Entity) employees at the jail; or

7.            RELEASE UPON CAPACITY:  When the ______________ (Receiving Governmental Entity) Jail has reached its full capacity, inmates who were placed at the jail by an entity other than ______________ (Receiving Governmental Entity), will be released to the custody of the responsible county, in accordance with their chronological entrance date into the facility, coupled with considerations of case related requirements for detention, such as protection of the community.  The weight given to those considerations shall be at the sole discretion of, and shall be determined by the jail supervisor or his designee.

8.            REGISTRY:    ______________ (Receiving Governmental Entity) agrees to certify to _______________ (Sending Governmental Entity) at the end of each calendar month the name of each inmate placed as provided in this Agreement, the length of time care was provided, and the rate or rates and total charge in accordance with this Agreement.  For this purpose ______________ (Receiving Governmental Entity) agrees to maintain a current registry of inmates which shall be open to inspection by authorized representatives of ____________ (Sending Governmental Entity) or its attorney at all reasonable times.

9.    NON-DISCRIMINATION:  Neither ______________ (Sending Governmental Entity) or ______________ (Receiving Governmental Entity) shall discriminate as to inmates placed or cared for because of race, color, creed or national origin .

10.            TERMINATION:  Either party may terminate this Agreement by giving the other party written notice postmarked or hand delivered, at least thirty (30) days prior to the intended date of termination.

11.            INDEMNIFICATION:  ______________ (Sending Governmental Entity) agrees to hold harmless and indemnify ______________ (Receiving Governmental Entity) from any and all liability, loss or damage, excluding that arising from gross negligence or intentional acts of _____________ (Receiving Governmental Entity) employees and/or elected officials that ______________ (Receiving Governmental Entity), for damages or injuries arising out of or in connection with the detention of any inmates pursuant to this Agreement.  ______________ (Sending Governmental Entity) further agrees to defend against any claims, demands, action or suits brought against ______________ (Receiving Governmental Entity) arising out of or in connection with the detention of any inmates pursuant to this Agreement, excluding those claims that are agreed by the parties or proven in court of law, to be caused by the gross negligence or intentional acts of _____________ (Receiving Governmental Entity) employees.

12.            INSURANCE:  _______________(Sending Governmental Entity)  agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of $____________________, which shall name and protect _______________(Sending Governmental Entity, all Sending Governmental Entity’s employees), ____________________ (Receiving Governmental Entity), and its officers, agents and employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the ____________________ (Sending Governmental Entity) acts. ____________________ (Sending Governmental Entity) shall provide proof of liability coverage as set forth above to ____________________ (Receiving Governmental Entity)  prior to commencing its performance as herein provided. 

13.            ETHICS:  No officer, agent, or employee of _____________ (Sending Governmental Entity) or _____________ (Receiving Governmental Entity) shall be entitled to receive or be admitted to any personal benefit under any provision of this Agreement.

14.  DATE:    This Agreement shall be in effect until _______________, 20____.

15.            CONFIDENTIALITY:  It is expressly acknowledged and agreed that the parties shall observe all confidentiality of information provisions of the Idaho Code, as well as any city or county, state and federal regulations pertaining to any records made as a result of said inmates' incarceration under this Agreement.

DATED this _______ day of _______________, 20____.

Form and content approved by ____________ as attorney for ___________(Sending Governmental Entity).

Form and content approved by ____________ as attorney for ___________(Receiving Governmental Entity)