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2006 SESSION

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HOUSE BILL NO. 207 House Amendments in [ ] – February 7, 2006 A BILL to amend and reenact § 53.1-67.4 of the Code of Virginia, relating to location of community-based correctional facilities. ---------- Patron Prior to Engrossment--Delegate Cox ---------- Referred to Committee on Militia, Police and Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 53.1-67.4 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-67.4. Authority of Director; purchase of services authorized; location and notification.

A. Facilities established under this article may, in the discretion of the Director, be purchased, constructed or leased. The Director is further authorized to employ necessary personnel for these facilities. The Director, pursuant to rules and regulations of the Board, may purchase such services as are deemed necessary in furtherance of this article. Such services may be provided by qualified public agencies or private agencies.

B. [ A facility established under this article shall be located at least 500 feet from, and in such a manner that the operation of the facility will not adversely affect or interfere with the normal, orderly conduct of the affairs of any church; synagogue; hospital or assisted-living facility; or public, private, or parochial school.

C. ] At least 90 days prior to (i) the issuance of a request for proposal for construction, (ii) the execution of a contract for the purchase of improved or unimproved land, or (iii) the execution or renewal of a lease agreement, notice shall be given by the Director to the chairman of the board of supervisors or mayor of the county, city, or town in which the facility is to be located. Such notice shall also be given to each adjacent land owner. In addition, if the local governing body in the jurisdiction where the facility is to be located so requests, the Department shall hold a public hearing in that jurisdiction.