(1) The out-of-state correctional facility provide the services in a facility that meets correctional standards satisfying constitutional minimums, state and federal laws, rules and regulations, and applicable court orders, including, but not limited to, all sanitation, food service, safety, and health regulations;

(2) The out-of-state correctional facility send copies of reports of inspections completed by appropriate authorities on compliance with laws, rules, and regulations of the type described in paragraph (1) to the department of public safety;

(3) The out-of-state correctional facility provide training to its personnel on a level acceptable to the department of public safety. This section shall not be construed to confer peace officer status upon any employee of the out-of-state correctional facility or to authorize the use of firearms. An out-of-state correctional officer or other designated employee of an out-of-state correctional facility may carry and use firearms in the course of the officer's or employee's employment only if the officer or employee is certified as having satisfactorily completed a training program approved by the contractor in compliance with normal standards for employees of correctional facilities. This section shall not be construed to confer state employee status upon any employee of the out-of-state correctional facility. All out-of-state correctional facilities shall furnish the department of public safety with a list of their staff training programs, as well as a description of the training. Copies of the schedules and descriptions shall be posted on the department of public safety's website for public viewing;

(4) The out-of-state correctional facility shall not employ any person at the correctional facility until the contractor has submitted to the Hawaii criminal justice data center of the department of the attorney general, on a form prescribed by the center, a request that the center conduct a criminal history record check of the person, and a requirement that the out-of-state correctional facility shall not employ any person at the facility if the record check or other information possessed by the contractor indicates that the person has a criminal history or record, regardless of the form of judgment;

(5) The out-of-state correctional facility be staffed at all times to ensure supervision of inmates and maintenance of security within the facility and to provide for appropriate programs, transportation, security, and other operational needs. In determining security needs for the out-of-state correctional facility, the contractor and the contract requirements shall take into account all relevant factors including, but not limited to, the proximity of the facility to neighborhoods and schools, as well as the proximity to hospitals, medical clinics, and critical care facilities;

(6) The out-of-state correctional facility, its administrators, correctional officers, employees, and agents immediately notify the department of public safety and any other law enforcement or other governmental entities, agencies, or personnel named in the contract or required to be informed as provided in this chapter of any riot, rebellion, escape, crime, or other emergency occurring inside or outside the facility, and hold the State free from any liability. Notification shall be made by telephone and in writing. The written notice may be made by facsimile transmission or mail;

(7) The contract clearly state whether the policies and procedures for disciplining inmates to be used are the State's or those of the state in which the facility is located;

(8) The contractor adopt and use in the out-of-state correctional facility a drug testing and treatment program that meets the standards of any drug testing and treatment program the department of public safety uses for its inmates in state correctional facilities;

(9) The out-of-state correctional facility provide advance written notice to the department of public safety and any other law enforcement or other governmental entities, agencies, or personnel named in the contract, of its intent to provide for transport of any inmates to or from the out-of-state correctional facility, and of the intended destination;

(10) The out-of-state correctional facility shall be solely responsible for any damage caused by a inmate in its custody and shall be solely responsible for security and all costs associated with transporting and housing inmates to and from locations outside the out-of-state correctional facility including court, medical, and sending facility locations. The out-of-state correctional facility's responsibility for costs shall include all costs that may be required by court officials for additional security for the inmate that is provided by federal, state, county, or city officials;

(11) No inmate shall be housed in any other facility than the one identified in the contract. All records in the possession of, or available to, the sending entity, including classification, medical information, conduct, and confinement history of the inmate, shall be provided to the contractor;

(12) The out-of-state correctional facility shall have a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall provide, in part, that the out-of-state correctional facility shall be responsible for housing and transporting the inmates who are in the facility at the time it is closed or ceases to operate and for the cost of housing and transporting those inmates;

(13) The out-of-state correctional facility conform to applicable standards, and obtain accreditation from, the American Correctional Association and the National Commission on Correction Health Care;

(14) The out-of-state correctional facility indemnify and hold harmless the State and its officers, agents, and employees, and reimburse the State for costs incurred defending the State or any of its officers, agents, or employees against all claims including the following:

(15) The out-of-state correctional facility and its personnel comply with this chapter;

(16) The office of the ombudsman shall have the authority to investigate complaints by inmates against the out-of-state facility and, for such purpose, the out-of-state facility shall be treated as an agency, as defined in section 96-1, and shall be subject to and comply with the provisions of chapter 96; and

(17) Any ambiguities in the contract shall be construed against the out-of-state correctional facility and in favor of the State.

(1) Prohibit the out-of-state correctional facility from benefiting financially from the labor of inmates, and prohibit the placing of an inmate in a position of authority over another inmate. Any profits realized from the labor of Hawaii inmates in the operation of a prison enterprise program shall revert to the State of Hawaii;

(2) Require the out-of-state correctional facility to impose discipline on inmates only in accordance with applicable rules, policies, and procedures satisfying constitutional minimums, state and federal laws, and applicable court orders; and

(3) Require the out-of-state correctional facility to provide proper food, clothing, housing, and medical care as provided for in the contract. The State shall not be responsible for any other costs associated with the medical care of inmates in the custody of the out-of-state correctional facility.

(1) Determining whether the requirements of the contract are being satisfactorily performed;

(2) Determining whether the out-of-state correctional facility and its personnel are complying with this chapter;

(3) Determining whether applicable rules, policies, and procedures of the department are being followed by the out-of-state correctional facility and its personnel;

(4) Determining whether the facility is being operated in a manner that adequately safeguards and protects the safety of the public; and

(5) Determining whether the adoption of supplemental rules, policies, or procedures is required to interpret or make specific application of the provisions of this chapter."