47-804. Site selection criteria.

(1) The Department of Correctional Services shall develop criteria for selection of a site upon which to construct the correctional facilities. The criteria shall include, but shall not be limited to, the availability of medical services, support services, and transportation services, the availability of potential employees who would be qualified to perform required functions at a state correctional facility, and any benefits of incentives offered by the applicant. The criteria shall be subject to approval by the Director of Correctional Services.

(2) The department shall establish a process for requesting proposals to construct a correctional facility built with the funds authorized.

(3) Proposals shall be submitted not later than sixty days after receipt of the request for proposals. The department shall identify the proposals meeting the criteria approved pursuant to subsection (1) of this section within sixty days after receipt of the proposals. The department shall identify by appropriate review and analysis the proposals submitted and shall select a maximum of three proposals which conform to the criteria set out in subsection (1) of this section and shall forward the proposals meeting criteria to the director.

(4) Any plans developed pursuant to the process for selection of a private prison contractor for construction of a facility authorized under the Private Prison Contracting Act shall become the nonexclusive property of the State of Nebraska as a condition of the award of the final contract for construction of the facility. The State of Nebraska shall not be obligated to obtain any further permission for use of the plans or to make payment to any person or other legal entity for the further use of the plans as may be needed for additional projects for site adaptation for buildings, structures, or both, for use by the department.

(5) The department shall be responsible for any changes or updates of such plans for construction of any additional correctional facility constructed using the plans described in subsection (4) of this section.

(6) If the department requires architectural, engineering, or other consulting services in addition to those services authorized by this section, the department shall be authorized to enter into a contract with any architect or engineer or for other necessary services, as may be required in order to adapt existing plans for new sites for additional correctional facilities. The costs of any such services shall be paid by the department.

Source:Laws 2001, LB 85, ยง 4.