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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 53.1-133.1 through 53.1-133.5 of the Code of Virginia are amended and reenacted as follows:
§ 53.1-133.1. Definition.
As used in this article unless the context requires otherwise or it is
otherwise provided, the term "jail industry program" means a program
established within a local correctional facility by a sheriff or
jail superintendent to provide employment and wage earning opportunities
for persons confined in the facility under his custody. The
program may include the production of goods and provision of services which
will be marketed outside the facility.
§ 53.1-133.2. Establishment of jail industry programs.
The sheriff or jail superintendent operating a local correctional
facility, with the approval of the local governing body, jail or
jail farm board, or regional jail or jail farm board or regional jail
authority, as the case may be, is authorized to establish a jail industry
program within the facility he administers or on public property or works
owned, leased or operated by the county, city, town or federal government,
whether the same be located within such county, city or town or
elsewhere. If elsewhere, the governing body of the locality where the
proposed jail industry program is to be established shall approve the
location of the program. Any such program shall be subject to the
provisions of this article and shall not be established, operated, maintained
or otherwise supported by state funds except as provided in §
53.1-133.6.
§ 53.1-133.3. Eligibility to participate.
Any person confined in a facility which offers a jail industry program
under the custody of a sheriff or jail superintendent shall be
eligible to participate in the jail industry program on a voluntary
basis without regard to whether that person is awaiting disposition of
charges or serving a previously imposed sentence. The sheriff or jail
superintendent may establish additional eligibility criteria for
participation in the program.
§ 53.1-133.4. Participant compensation.
A. The sheriff or jail superintendent shall establish an amount to be
allowed each jail industry program participant for each day of labor
satisfactory to the sheriff or jail superintendent. The allowance shall be
paid to the sheriff or jail superintendent, or his designee, after
standard payroll deductions required by law. Distribution of a
participant's allowance shall be in the same manner as provided for
distribution of wages earned in a work release program pursuant to §
53.1-131. In addition, participants working in the jail industry program
may have payroll deductions withheld and may be required by the sheriff, jail
superintendent or his designee to contribute to victim restitution funds and
to operating costs associated with the jail industry program. The total
deductions must not total more than eighty percent of the participant's gross
wages. The amount so deducted shall be deposited in the jail industries
revenue fund and the sheriff, jail superintendent or his designee shall make
the appropriate distributions of the money withheld. Any balance
remaining at the conclusion of the participant's confinement shall be paid to
the participant upon his release.
B. In addition, the sheriff or jail superintendent may establish a system of pay incentives for jail industry program participants. The system may provide for the payment of a bonus to any participant who is assigned to employment in any position of responsibility or who performs his job in an exemplary manner.
§ 53.1-133.5. Disposition of money collected and payment of expenses for jail industry program.
A. All moneys collected by a sheriff from a jail industry program shall
be promptly deposited into the treasury of his county or city. The total so
collected shall be retained by such county or city. All moneys collected by
a jail superintendent shall be promptly paid into the treasury of the
regional jail authority or, if none, the body responsible for the fiscal
management of the regional jail or jail farm. Any county, city or
town that implements a jail industry program shall authorize the sheriff,
jail superintendent or his designee to establish a separate fund for the
operation of the program. This fund may be a special revenue fund with
continuing authority to receive income and pay expenses associated with the
jail industry program. The county, city, or regional jail authority shall
audit the jail industry's special revenue fund on an annual basis.
B. The sheriff or jail superintendent shall purchase at prices as low as
reasonably possible all materials or other items used in the jail industry
program as may be necessary. Invoices or itemized statements of account from
each vendor of such materials and other items shall be obtained by the
sheriff or jail superintendent and presented to the governing body of the
county or city or, in the case of a regional jail or jail farm, the regional
jail authority or, if none, that body responsible for the fiscal management
of the regional jail or jail farm. He shall certify on each statement or
invoice that the merchandise has been received and that the vendor has
complied with the terms of the purchase. Such certification shall be in the
following words: "I hereby certify that the merchandise or service has been
received and that the terms of the purchase have been complied with on the
part of the vendor. The merchandise or service has been or will be used
solely for the jail industry program." If any county or city has a
purchasing agent, The local governing body may require all such purchases
to be made by or through the purchasing agent pursuant to local
purchasing regulations.