Powers and duties not delegable to contractor

No contract for juvenile correctional facilities or programs shall authorize, allow, or imply a delegation of authority or responsibility to a juvenile correctional facilities or programs contractor for any of the following: 1. Developing and implementing procedures for calculating a detainee's release date; 2. Classifying detainees or placing detainees in less restrictive custody or more restrictive custody; 3. Transferring a detainee; however, the contractor may make written recommendations regarding the transfer of a detainee or detainees; 4. Formulating rules of detainee behavior, violations of which may subject detainees to sanctions; however, the contractor may propose such rules for review and adoption, rejection, or modification as otherwise provided by law or regulation; and 5. Disciplining detainees in any manner which requires a discretionary application of rules of detainee behavior or a discretionary imposition of a sanction for violations of such rules. 1991, c. 258; 1992, c. 652.