§ 53.1-71.4 — Powers and duties not delegable to contractor

Virginia § 53.1-71.4

• Jurisdiction: Virginia
• Title 53.1: Prisons and Other Methods of Correction
• Ch. 3: Local Correctional Facilities
• Art. 1.1: Private Services at Regional Jail Facilities

Text

The regional jail authority issuing the contract shall retain the authority and responsibility for the rules and procedures as they apply to the treatment of prisoners, and no contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility to a regional jail facility contractor for any of the following:

1. Developing and implementing procedures for calculating inmate release 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 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 for review and adoption, rejection, or modification as otherwise provided by law or regulation;

9. Disciplining inmates in any manner which requires a discretionary application of rules of inmate behavior or a discretionary imposition of a sanction for violations of such rules; or

10. Operating a regional jail facility, including management, custody of inmates, or provision of security; however, the contractor may operate a regional jail facility, including management, custody of inmates, or provision of security, upon approval by the General Assembly.

Legislative History

1994, c. 715; 2025, c. 337.