SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 53.1-80, 53.1-81, 53.1-82, 53.1-82.2 and 53.1-82.3 of the Code of Virginia are amended and reenacted as follows:
§ 53.1-80. State reimbursement of localities for construction.
A. On and after July 1, 1993, the Commonwealth shall reimburse any city or
county up to one-fourth of the capital costs of a jail construction,
enlargement or renovation project upon a basis approved by the Board in
accordance with the provisions of this section. On and after July 1, 1993,
(i) any three or more cities or counties, or any combination thereof, which
do not qualify for reimbursement pursuant to § 53.1-81 or § 53.1-82 and (ii)
any two cities or counties or any combination of a city and a county which
jointly construct, enlarge or renovate a jail upon a basis approved by the
Board in accordance with the provisions of this section shall be reimbursed
by the Commonwealth on a pro rata basis up to one-fourth of the capital
costs, as defined in § 53.1-82.2, of such project. The Board shall
promulgate regulations, to include criteria which may be used to assess need
and establish priorities, to serve as guidelines in evaluating requests for
such reimbursement and to ensure the fair and equitable distribution of state
funds provided for such purpose. The Department shall apply such regulations
in preparing requests for appropriations. No such reimbursement shall be had
unless the plans and specifications, including the need for additional
personnel, thereof have been submitted to the Governor and the jail project
has been approved by him. The Governor shall base his approval in part on
the expected operating cost-efficiency of the interior design of the
facility. Reimbursements shall be paid subject to the provisions of §
53.1-82.2 and shall be paid by the State Treasurer out of funds
appropriated to the Department of Corrections.
B. In the event that a county or city requests and receives financial assistance for capital costs of such jail project from the Department of Criminal Justice Services or from other public fund sources outside of the provisions of this law, the total financial assistance and reimbursement shall not exceed the total cost of the project.
§ 53.1-81. Construction and operation of regional jail facilities; state reimbursement; agreements with Department.
A. Three or more cities or counties, or any combination thereof, are
authorized, pursuant to approval of the Board, to construct, enlarge or
renovate a regional jail facility or to enlarge or renovate an existing jail
for the purpose of establishing a regional jail facility. In addition, (i)
any regional jail authority consisting of facilities
established by three or more cities, counties or towns, or any
combination thereof, created on or before January 31, 1993, (ii) any
existing regional jail facilities established by only two cities, counties or
towns on or before June 30, 1982, and (iii) any regional jail facilities
established by only two contiguous counties whose boundaries are not
contiguous by land with the boundaries of any other county in the
Commonwealth, may participate under the provisions of this section. On and
after December 1, 1989, subject to the provisions of § 53.1-82.2, the
Commonwealth shall reimburse each such locality its pro rata share up to
one-half of the capital costs, as defined in § 53.1-82.2, of such
construction, enlargement or renovation in accordance with the provisions of
this section. However, localities which are part of regional jails
created by any combination of three or more cities or counties
created on or after February 1, 1993, shall not be eligible for such
reimbursement unless at least three of the participating localities of such
combination were each operating a jail on February 1, 1993. The Board shall
promulgate regulations, to include criteria which may be used to assess need
and establish priorities, to serve as guidelines in evaluating requests for
such reimbursement and to ensure the fair and equitable distribution of state
funds provided for such purpose. The Department shall apply such regulations
in preparing requests for appropriations. No such reimbursement shall be had
unless the plans and specifications, including the need for additional
personnel, thereof have been submitted to the Governor and the jail project
has been approved by him. The Governor shall base his approval in part on
the expected operating cost-efficiency of the interior design of the
facility. Such reimbursement shall be paid by the State Treasurer out of
funds appropriated to the Department subject to the provisions of §
53.1-82.2.
Such counties, cities, towns, or combination thereof may enter into agreements with the Department of Corrections for the Department to operate such jail or to pay the costs of maintenance, upkeep and other operational costs of the jail. Each city, county or town shall, however, bear the expense of local prisoners from such city, county or town. In such case, the Department shall receive such costs from the funds appropriated in the general appropriation act for criminal costs. The method of operation by the Department shall be in the manner it prescribes, notwithstanding any other provision of law designating sheriffs as the keepers of jails.
In lieu of an agreement by the localities with the Board for construction or operation of jail facilities, the Board may agree to sell land owned by the Commonwealth to the localities. The Governor is hereby authorized, at his discretion and upon the advice of the Board, to execute a conveyance of such land in a form approved by the Attorney General.
B. In the event that a county, city or town requests and receives financial assistance for capital costs of such jail project from the Department of Criminal Justice Services or from other public fund sources outside of the provisions of this section, the total financial assistance and reimbursement shall not exceed the total cost of the project.
§ 53.1-82. Regional contracts for cooperative jailing of offenders; state reimbursement.
A. Three or more counties or cities, or any combination thereof, are authorized to contract for services for the detention and confinement of categories of offenders in single or regional jail facilities operated by the contracting jurisdictions. In addition, (i) any three or more counties, cities or towns, or any combination thereof, operating a jail facility pursuant to an agreement for cooperative jailing established on or before January 31, 1993, (ii) any existing regional jail facilities established by only two cities, counties, or towns on or before June 30, 1982, and (iii) any regional jail facilities established by only two contiguous counties whose boundaries are not contiguous by land with the boundaries of any other county in the Commonwealth, may participate under the provisions of this section. The Board shall promulgate regulations specifying the categories of offenders which may be served pursuant to the contracts provided for herein.
The governing bodies of localities participating in an agreement for cooperative jailing shall create a board to advise the locality in which the jail facility is located on matters affecting operation of the facility. Each participating locality shall have at least one representative on the board. The sheriff and any member of the local governing body of each participating locality shall be eligible for appointment to the board; however, when a participating locality appoints more than one representative, the sheriff shall be appointed unless the sheriff is the administrator or superintendent of the jail facility operated pursuant to the agreement for cooperative jailing. A sheriff serving as such administrator or superintendent shall be an ex officio member of the board.
When such contracts are approved by the Board and, for the implementation of
the contract, require the construction, enlargement or renovation of a
regional jail facility or the enlargement or renovation of an existing jail,
the Commonwealth shall reimburse each such locality its pro rata share, up to
one-half, of the capital costs, as defined in § 53.1-82.2, of such jail
project in accordance with the provisions of this section and § 53.1-82.2.
Any agreement for cooperative jailing entered into on or after July 1, 1991,
which requires the construction, enlargement or renovation of a single or
regional jail facility shall require such counties, cities and towns to
participate in the costs of the facility for a minimum period of thirty
years. The Board shall promulgate regulations, to include criteria which may
be used to assess need and establish priorities, to serve as guidelines in
evaluating requests for such reimbursement and to ensure the fair and
equitable distribution of state funds provided for such purpose. The
Department shall apply such regulations in preparing requests for
appropriations. No such reimbursement shall be had unless the plans and
specifications, including the need for additional personnel, thereof have
been submitted to the Governor, and the jail project has been approved by
him. The Governor shall base his approval in part on the expected operating
cost-efficiency of the interior design of the facility. Such reimbursement
shall be paid by the State Treasurer out of funds appropriated to the
Department of Corrections subject to the provisions of §
53.1-82.2.
B. In the event that a county, city or town requests and receives financial assistance for capital costs of a jail project from the Department of Criminal Justice Services or from other public fund sources outside of the provisions of this section, the total financial assistance and reimbursement shall not exceed the total cost of the project.
In addition, no such reimbursement shall be had by localities entering into a contract pursuant to this section on or after February 1, 1993, unless at least three of the participating localities were each operating a jail on February 1, 1993.
§ 53.1-82.2. Method of reimbursement; involvement of the Treasury Board.
A. Reimbursements by the Commonwealth to localities or regional jail
authorities for a portion of the capital costs of a jail project, made
pursuant to §§ 53.1-80, 53.1-81, or § 53.1-82, or § 53.1-95.19
may be effected either:
1. In one lump sum payment to be made upon completion of the project, for minor renovation projects, or two equal lump sum payments, one such payment to be made upon certification that the construction, enlargement or renovation is fifty percent complete and the second such payment to be made upon completion of the project, such payments to be paid by the State Treasurer out of funds appropriated to the Department of Corrections; or
2. Over a specified period of time through a contractual agreement entered into by the Treasury Board and approved by the Governor, on behalf of the Commonwealth, and the locality, localities or regional authority or other combination of localities undertaking a jail project, such payments to be paid by the State Treasurer out of funds appropriated to the Treasury Board.
B. The General Assembly shall have the sole authority to determine whether reimbursement will be made pursuant to subdivision A 1 or subdivision A 2. The Department of Planning and Budget, after consulting with the Treasury Board, shall evaluate all proposed jail projects and make recommendations to the Governor regarding the method of reimbursement for inclusion in his biennial budget.
C. Any contract for reimbursement over a specified period of time entered into pursuant to subdivision A 2 shall include the following:
1. The Commonwealth shall reimburse a portion of financing costs as provided in subsection E below;
2. The Commonwealth's reimbursement payments shall be subject to
appropriation and shall be equal to the cost of debt service based upon an
interest rate assumption equal to the coupon interest rate received by the
locality or jail authority at the time the bonds for the project are
sold;
3. In the event that the jail project is financed through a bond issue
an issuance of securities, the Commonwealth shall make its
Commonwealth's reimbursement payments on shall be calculated
using the coupon interest rates received by the locality or jail authority at
the time the securities for the project are sold and shall be made pursuant
to a schedule to be set forth in the contract;
4. In the event that a jail project is financed through an issuance of securities, and coupon interest rates are not available due to the structure of the securities, the Treasury Board is authorized to make such adjustments as are necessary and reasonable to calculate the Commonwealth's payments;
4. 5. In the event that the jail project is financed through a
debt method other than bonds the issuance of securities,
the Commonwealth's payment shall include interest payments based on an
interest rate assumption equal to the prevailing AA rate for tax-exempt
bonds issued by the Commonwealth or agencies thereof, or the
actual rate achieved, whichever is lower, and the schedule for the
Commonwealth's reimbursement payments shall be set forth in the contract; and
5. 6. Such other terms and conditions as are necessary to
specify the structure of the Commonwealth's participation in project
financing and as may be required by regulations promulgated
guidelines established by the Treasury Board.
Reimbursement to localities pursuant to this section shall be available without regard to the security level of the facility constructed, enlarged or renovated, provided such facility satisfies applicable standards established by the Board pursuant to § 53.1-68.
D. For purposes of this article, "capital costs" includes, but is not limited to, actual construction costs, costs of land acquisition, if the land purchased is used exclusively for siting a jail facility, architectural and engineering fees, and fixed equipment. "Capital costs" does not include administrative costs nor a financial advisor's, an investment banker's, or attorneys' fees incurred by local governments or, except in the case of minimum security facilities, loose equipment or furnishings.
E. For purposes of this article, "financing costs" means the total of all costs incurred by the locality, localities or regional authority or other combination of localities as are deemed reasonable and necessary by the Treasury Board to execute the financing of the Commonwealth's payment of capital costs and to fund such funds and accounts as the Treasury Board determines to be reasonable and necessary.
§ 53.1-82.3. Budgeting schedule for jail projects.
Beginning July 1, 1993, and ending January 1, 1995, any city or county or
any combination of cities or counties requesting state financial assistance
pursuant to §§ 53.1-80, 53.1-81 or § 53.1-82 shall, on or before March 1,
1994, submit to the Governor, in a format prescribed by the Department of
Corrections for such purpose, community corrections plans and specifications,
including detailed cost estimates of any facility construction. On or before
July 1, 1994, such localities shall also submit to the Governor, in a format
prescribed for such purpose by the Treasury Board, the expected financing
costs for any such facility construction in accordance with § 53.1-82.2. The
Governor shall submit his recommendations for funding such projects as part
of the budget bill on or before December 20, 1994, for consideration by the
1995 Session of the General Assembly.
A. Beginning January 1, 1995, Any city or county or any
combination of cities or counties requesting state financial assistance
pursuant to §§ 53.1-80, 53.1-81 or § 53.1-82 shall, on or before March 1
biennially in the odd-numbered years, submit to the Governor, in a format
prescribed by the Department of Corrections for such purpose, community
corrections plans and specifications, including detailed cost estimates of
any facility construction. On or before July 1 in the odd-numbered years,
such localities shall also submit to the Governor, in a format prescribed for
such purpose by the Treasury Board, the expected financing costs for any such
facility construction in accordance with § 53.1-82.2. The Governor shall
submit his recommendations for funding such projects as part of the budget
bill on or before December 20 of the year immediately prior to the beginning
of each regular session held in an even-numbered year of the General
Assembly. Beginning July 1, 1995, Requests for appropriations of such
funds shall be considered by the General Assembly only in even-numbered
years.
B. In the event that the state share of reimbursable costs of the jail facility is estimated to be less than or equal to $1,000,000, such localities shall be exempt from submitting to the Governor, in a format prescribed for such purpose by the Treasury Board, the expected financing costs for any such facility construction in accordance with subsection A above, unless such localities seek reimbursement of financial costs associated with such facility construction.