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2019 SESSION
19102733DBe it enacted by the General Assembly of Virginia:
1. That §§ 53.1-261, 53.1-262, 53.1-264, 53.1-265, and 53.1-266 of the Code of Virginia are amended and reenacted as follows:
§ 53.1-261. Definitions.
As used in this chapter,
unless the context requires otherwise or it is
otherwise provided a different meaning:
"Correctional services" means the following functions, services, and activities when provided within a prison or otherwise:
1. Operation of
facilities, including management, custody of inmates and provision of security;
2.
Food services, commissary, medical services, transportation, sanitation, or other ancillary services;
3. 2. Development and
implementation assistance for classification, management information systems, or other information systems
or services;
4. 3. Education, training, and employment programs;
5. 4. Recreational, religious, and other activities; and
6. 5. Counseling, special
treatment programs, or other programs for special needs.
"Prison" or "facility" or "prison facility" means any institution operated by or under authority of the Department and shall include, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical betterment or improvement related to the housing of inmates or any preliminary plans, studies, or surveys relative thereto; land or rights to land; and any furnishings, machines, vehicles, apparatus, or equipment for use in connection with any prison facility.
"Prison contractor" or "contractor" means any entity, including a local government, entering into or offering or proposing to enter into a contractual agreement to provide any correctional services to inmates under the custody of the Commonwealth or federal inmates under the custody of the prison contractor, while in the Commonwealth of Virginia.
§ 53.1-262. State correctional facilities; private contracts.
The Director, subject to any applicable
regulations which that may
be promulgated by the Board pursuant to § 53.1-266 and subject to the
provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), is
hereby authorized to enter into contracts with prison contractors for the
financing, site selection, acquisition, construction, maintenance, or leasing,
management or operation of prison
facilities, or any combination of those services, subject to the following requirements and
limitations set out below.:
1. Contracts entered into under the terms of this chapter
shall be with an entity submitting an acceptable response pursuant to a request
for proposals. An acceptable response shall be one which that meets all the
requirements in the request for proposals. However, no contract for
correctional services may be entered into unless the private contractor
demonstrates that it has:
a. The qualifications, experience and management personnel necessary to carry out the terms of this contract;
b. The financial resources to provide indemnification for liability arising from prison management projects;
c. Evidence of past performance of similar contracts, which shall include the experience of persons in management with such entity and may include the experience of the parent of such entity; and
d. The ability to comply with all applicable federal and state constitutional standards; federal, state, and local laws; court orders; and correctional standards.
2. Contracts awarded under the provisions of this chapter,
including contracts for the provision of correctional services or for the lease
or use of public lands or buildings for use in the operation of facilities, may
be entered into for a period of up to thirty 30 years, subject to the
requirements for annual appropriation of funds by the Commonwealth.
3. Contracts awarded under the provisions of this chapter shall, at a minimum, comply with the following:
a. Provide for internal and perimeter security to protect the public, employees, and inmates;
b. Provide inmates with work or training opportunities while incarcerated; however, the contractor shall not benefit financially from the labor of inmates;
c. Impose discipline on inmates only in accordance with applicable regulations; and
d. Provide proper food, clothing, housing, and medical care for inmates.
4. No contract for correctional services shall be entered into unless the following requirements are met:
a. The contractor provides audited financial statements for the
previous five years or for each of the years the contractor has been in
operation, if fewer than five years, and provides other financial
information as requested; and
b. The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. The indemnification plan shall be adequate to protect the Commonwealth and public officials from all claims and losses incurred as a result of the contract. Nothing herein is intended to deprive a prison contractor or the Commonwealth of the benefits of any law limiting exposure to liability or setting a limit on damages.
5. No contract for correctional services shall be executed by the Director nor shall any funds be expended for the contract unless:
a. The proposed contract complies with any
applicable regulations which that may
be promulgated by the Board pursuant to § 53.1-266;
b. An appropriation for the services to be provided under the contract has been expressly approved as is otherwise provided by law;
c. The correctional services proposed by the contract are of at least the same quality as those routinely provided by the Department to similar types of inmates; and
d. An evaluation of the proposed contract demonstrates a cost benefit to the Commonwealth when compared to alternative means of providing the services through governmental agencies.
6. A site proposed by a contractor for the construction of a
prison facility shall not be subject to the approval procedure set forth in §
53.1-19. However, no contract for the construction and
operation of a private
correctional facility shall be entered into nor shall any funds be expended for
the contract unless the local governing body, by duly adopted resolution,
consents to the siting and construction of such facility within the boundaries
of the locality.
7. No contract for correctional services shall be entered into for the operation of prison facilities, including management, custody of inmates, and provision of security.
§ 53.1-264. Application of certain criminal law to facilities receiving correctional services by prison contractors.
All provisions of law establishing penalties for offenses
committed against custodians of inmates, correctional officers, prison guards,
or jail officers shall apply mutatis mutandis to offenses committed by or with
regard to inmates assigned to facilities or programs for
which where
a prison contractor is providing correctional services.
§ 53.1-265. Powers and duties not delegable to contractor.
No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility of the Director to a prison contractor for any of the following:
1. Developing and implementing procedures for calculating inmate release and parole eligibility dates;
2. Developing and implementing procedures for calculating and awarding sentence credits;
3. Approving inmates for furlough and work release;
4. Approving the type of work inmates may perform and the
wages or sentence credits which that may be given the inmates
engaging in such work;
5. Granting, denying, or revoking sentence credits;
6. Classifying inmates or placing inmates in less restrictive custody or more restrictive custody;
7. Transferring an inmate; however, the contractor may make written recommendations regarding the transfer of an inmate or inmates;
8. Formulating rules of inmate behavior, violations of which
may subject inmates to sanctions; however, the contractor may propose such
rules to the Director for his review and adoption, rejection, or modification
as otherwise provided by law or regulation; and
9. Disciplining inmates in any manner which that requires a discretionary
application of rules of inmate behavior or a discretionary imposition of a
sanction for violations of such rules; and
10. Operating a prison facility, including management, custody of inmates, and provision of security.
§ 53.1-266. Board shall promulgate regulations.
The Board shall make, adopt, and promulgate regulations governing the following aspects of private management and operation of prison facilities:
1. Contingency plans for state operation of a contractor-operated facility in the event of a termination of the contract; and
2. Use of deadly and
nondeadly force by prison contractors' security
personnel;
3. Methods of monitoring
a contractor-operated facility by the Department or the Board;
4. Public access to a
contractor-operated facility; and
5.
Such other regulations as may be necessary to carry out the provisions of this
chapter.
2. That § 53.1-263 of the Code of Virginia is repealed.
3. The Department of Corrections shall have the Lawrenceville Correctional Center in compliance with the provisions of this act by July 1, 2020.