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1998 SESSION

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CHAPTER 240 An Act to amend and reenact § 53.1-45 of the Code of Virginia, relating to Virginia Correctional Enterprises; mandatory procurement; limitations. [H 1190] Approved April 2, 1998

Be it enacted by the General Assembly of Virginia:

1. That § 53.1-45 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-45. Sale of prison goods and services; print shop.

A. Articles produced or manufactured and services provided by prisoners sentenced to state correctional facilities may be disposed of by the Director by sale only to municipal and county agencies in Virginia and to federal, state and local public agencies within or without the Commonwealth or as the Director, with the approval of the Governor, may deem to be in the best interests of the Commonwealth. Except as otherwise provided, no articles produced or manufactured nor services provided by prisoners may be bought, sold or acquired by exchange on the open market.

B. The products of any printing shop in any state correctional facility shall be sold only to the departments, institutions and agencies of the Commonwealth which are supported in whole or in part with funds from the state treasury and to offices or agencies of the counties, cities and towns of the Commonwealth. Such products shall not be sold on the open market except as provided in § 53.1-45.1.

C. The Department shall not offer manufactured goods for resale to any department, agency or institution of the state unless those goods (i) have been incorporated into a finished product produced or manufactured by prisoners, (ii) are necessary for use with a product produced or manufactured by prisoners, or (iii) are a component part of a product system, a portion of which comprises goods produced or manufactured by prisoners.