reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-67.4. Authority of Director; purchase of services authorized; location and notification

A. Facilities established under this article may, in the discretion of the Director, be purchased, constructed or leased. The Director is further authorized to employ necessary personnel for these facilities. The Director may purchase such services as are deemed necessary in furtherance of this article. Such services may be provided by qualified public agencies or private agencies.
B. At least 90 days prior to (i) the issuance of a request for proposal for construction, (ii) the execution of a contract for the purchase of improved or unimproved land, or (iii) the execution or renewal of a lease agreement, notice shall be given by the Director to the chairman of the board of supervisors or mayor of the county, city, or town in which the facility is to be located. Such notice shall also be given to each adjacent land owner. In addition, if the local governing body in the jurisdiction where the facility is to be located so requests, the Department shall hold a public hearing in that jurisdiction.
1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 2006, c. 187; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-67.5. Director to prescribe standards

The Director shall prescribe standards for the development, implementation, operation, and evaluation of programs, services and facilities authorized by this article. The Director shall also prescribe guidelines for the transfer of offenders from a state or local correctional facility who the Director has determined should be placed in programs or facilities authorized under this article.
1994, 2nd Sp. Sess., cc. 1, 2; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-67.6. Minimum programs

The Statewide Community-Based Corrections System shall include, but not be limited to, the following programs, services and facilities: regular and intensive probation supervision, regular and intensive parole supervision for those state-responsible offenders sentenced for an offense committed prior to January 1, 1995, home/electronic incarceration, community corrections alternative programs, work release, pre-release centers, probation-violator and parole-violator centers, halfway houses and, for selected offenders, drug testing and treatment. The programs, facilities, and services required under this article shall be made available to each judicial circuit, but the manner in which such are provided shall be determined by the Director. Additional programs, services, and facilities may be established by the Director.
1994, 2nd Sp. Sess., cc. 1, 2; 2019, c. 618.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-67.9. Establishment of community corrections alternative program; supervision upon completion

The Department is authorized to establish and maintain a system of residential community corrections alternative facilities for probationers and parolees whose identified risks and needs cannot be addressed by conventional probation or parole supervision and who are committed to the Department under § 19.2-316.4. The program shall include components for providing access to counseling, substance abuse testing and treatment, remedial education, and career and occupational assessment; providing assistance in securing and maintaining employment; ensuring compliance with terms and conditions of probation or parole; ensuring restitution and performance of community service; payment of fines, if any, and costs of court; and providing other programs that will assist the probationer or parolee in returning to society as a productive citizen. The Department shall perform risk and needs assessments to establish a case plan for each probationer or parolee determining the appropriate program components and program duration for that probationer or parolee.
Upon completion of the program, the probationer or parolee shall be released from confinement and remain on probation or parole for a period of one year or for such other longer period as may be specified by the sentencing court or Parole Board. As a condition of such probation or parole following the community corrections alternative component, a probationer's or parolee's successful participation in employment, career and technical education, or other educational or treatment programs may be required.
Probation officers assigned to the program shall be authorized by the judges of the circuit court of the county or city in which the position is assigned. Any officer so appointed shall have the same powers and duties as specified in § 53.1-145, and such appointment shall be valid in any judicial circuit in the Commonwealth.
2019, c. 618.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-69. Board may prohibit confinement and require transfer of prisoners in substandard facilities

The Board is authorized to limit, by its order, the confinement of prisoners in any local correctional facility or lock-up, which is not constructed, equipped, maintained and operated so as to comply with minimum standards prescribed by the Board, either by prohibiting confinement of any prisoners in such local correctional facility or lock-up, or by limiting the maximum number of prisoners to be confined therein, as the Board deems appropriate. The Board may designate some other local correctional facility or lock-up in or at which shall be confined persons who otherwise would have been confined in the facility subject to the Board's order. Copies of each order shall, upon being issued, be sent to the officer in charge of the facilities affected, to the governing bodies of the counties, cities and towns affected and to the judge of the circuit court of each county and city in which are located the local correctional facilities or lock-ups affected.
Code 1950, § 53-134; 1981, c. 487; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-69.2. Administrative appeal of Board determinations

If the Board determines that a local correctional facility is not in compliance with the minimum standards for construction, equipment, administration, or operation of local correctional facilities, the Board shall provide written notice of such determination to the local correctional facility. The local correctional facility may appeal the Board's determination. Any local correctional facility that appeals such a determination by the Board shall provide written notice of its request for an appeal to the Board within 30 days of the date upon which the facility received written notice of the Board's determination of noncompliance. Such appeal shall be conducted in accordance with Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.).
2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-70. Jurisdiction of court to enforce orders of Board; proceedings

Any circuit court in any county or city which maintains and operates any local correctional facility or lock-up, or in any county in which is situated any town which maintains and operates any local correctional facility or lock-up, affected by any such order of the Board, shall have jurisdiction to enforce such order by an injunction or other appropriate remedy at the suit of the Board. In the City of Richmond such jurisdiction shall be vested in the Circuit Court, Division I. Such proceeding shall be commenced by a petition of the Board in the name of the Commonwealth and shall, insofar as possible, conform to rules of procedure applicable to a civil action. The governing body of each county, city or town which maintains and operates any local correctional facility or lock-up affected by the order of the Board, and the officer in charge of each such facility, shall be made parties defendant. In every such proceeding the court shall hear all relevant evidence, including evidence with regard to the condition of the local correctional facility or lock-up and any other evidence bearing upon the propriety of the Board's action. The court may refuse to grant the injunction if it appears that the action of the Board was not warranted.
Code 1950, § 53-135; 1982, c. 636; 2005, c. 681.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-70.1. Transport of prisoners; authority

A. The sheriff or administrator in charge of a local or regional correctional facility where a prisoner is incarcerated and employees of such facility acting on the direction of such sheriff or administrator shall have the authority to transport the prisoner to another jurisdiction inside the Commonwealth for any lawful purpose and to retain authority over such prisoner.
B. Any person authorized to transport a prisoner under subsection A who has the need to travel with a prisoner through or to another state is authorized to travel through or to such state and retain authority over such prisoner as allowed by such state.
2016, c. 579.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-71. Courts to order jails erected and repaired

When it shall appear to the circuit court of any county or city that there is no jail therein or that the jail of such county or city is insecure, out of repair or otherwise inadequate, it shall be the duty of such court to award a rule in the name of the Commonwealth against the governing body of the county or city to show cause why a writ of mandamus should not issue commanding the governing body to erect a jail for the county or city, or to cause the existing jail of such county or city to be made secure, put in good repair, or rendered otherwise adequate, as the case may be.
Code 1950, § 53-129; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-71.2. Authority of security employees

Security employees of a regional jail facility contractor shall be allowed to use force and shall exercise their powers and authority only while on the grounds of a regional jail facility under the supervision of the regional jail facility contractor, while transporting inmates, and while pursuing escapees from such facilities until such time that the pursuit of the escapees is assumed by state or local law-enforcement agencies. All provisions of law pertaining to custodians of inmates or jail guards or officers shall apply to contractors' security employees.
1994, c. 715.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-71.3. Application of certain criminal laws to contractor-operated facilities

All provisions of law establishing penalties for offenses committed against custodians of inmates or jail guards or officers shall apply mutatis mutandis to offenses committed by or with regard to inmates assigned to facilities or programs for which a regional jail facility contractor is providing correctional services.
1994, c. 715.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-71.4. Powers and duties not delegable to contractor

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; and
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.
1994, c. 715.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-71.5. Board to promulgate regulations

The Board shall make, adopt and promulgate regulations governing the following aspects of private management and operation of regional jail facilities:
1. Minimum standards for the construction, equipment, administration and operation of the facilities; however, the standards shall be at least as stringent as those established for local correctional facilities;
2. Contingency plans for operation of a contractor-operated facility in the event of a termination of the contract;
3. Use of deadly and nondeadly force by regional jail facility contractors' security personnel;
4. Methods of monitoring a contractor-operated facility by an appropriate state or local governmental entity or entities;
5. Public access to a contractor-operated facility; and
6. Such other regulations as may be necessary to carry out the provisions of this article.
1994, c. 715.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-71.6. State reimbursement to localities

A. Reimbursement to participating localities for the cost of construction shall be made pursuant to Article 3 (§ 53.1-80 et seq.) of Chapter 3 of Title 53.1.
B. The manner of state payment to the localities for the care and custody costs at the facility of persons accused or convicted of any offense against the laws of the Commonwealth shall be as provided in the general appropriation act. Such payments shall include only the reasonable costs of guarding and providing necessary housing, maintenance, administrative expenses, food, clothing, medicine and medical attention for such prisoners. However, in no event shall the payment to the localities, when calculated on a per diem per prisoner basis, exceed the total cost ordinarily paid by the Commonwealth to a locality for prisoner care and custody expenses, when calculated on a per diem per prisoner basis.
1994, c. 715.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-72. Jails of counties and cities to be jails of courts therein

The jail of each county and city shall be the jail of every court established therein by law.
Code 1950, § 53-137; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-73. When jail of county to be jail for town

Every town shall have the use of the jail of the county in which such town is located, to aid the constituted authorities of any such town in maintaining peace and good order, and generally for the enforcement of its ordinances, unless for good cause the judge of the circuit court of such county shall prohibit such use.
Code 1950, § 53-138; 1972, c. 573; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-74. When court may adopt jail of another county or city

When a county or city is without an adequate jail, or its jail is to be removed, rebuilt or repaired, the circuit court thereof shall adopt as its jail the jail of another county or city until it can obtain an adequate jail. All persons committed or ordered committed to the jail of the first mentioned county or city, at or after such adoption and before an adequate jail be so obtained, shall be conveyed to the jail so adopted.
Code 1950, § 53-139; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-75. Procedure after adoption

The keeper of any jail so adopted for a county or city so designated shall, as to the person so conveyed to such jail, be deemed the jailer of such county or city, until the court thereof shall declare its own jail to be adequate. Thereafter, such persons shall be delivered to the sheriff of such county or city who shall convey them to the jail kept by the sheriff or jail superintendent.
Code 1950, § 53-141; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-76. Commitment to jail of another county or city; payment of costs, etc.

In any case should it become necessary or expedient for the safekeeping of any prisoner, or for good cause, a circuit court may commit such prisoner to a jail other than that located in its county or city. The keeper of the jail in making his account for the board of such prisoner shall include the prisoner in such account, as if the prisoner had actually been committed from his county or city. The authorities of the county or city from which the prisoner is sent shall be responsible for any damage done by him to the jail of the county or city in which such prisoner may be confined.
Code 1950, § 53-142; 1960, c. 376; 1982, c. 636; 1985, c. 321.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-77. Jurisdiction of judge or magistrate of adopting county or city authorized to issue temporary detention orders

When the jail of any other county or city has been adopted or designated under the provisions of §§ 53.1-74 and 53.1-76, any judge or magistrate authorized to issue temporary detention orders pursuant to §§ 37.2-809 through 37.2-813 of the adopting county or city shall have concurrent jurisdiction with those of the county or city wherein the adopted or designated jail is located, in proceedings under Chapter 8 (§ 37.2-800 et seq.) of Title 37.2, with respect to such persons as have been involuntarily admitted there from the adopting county or city. Such judge or magistrate may perform any such act or duty at such place as if such person was involuntarily admitted within the jurisdiction of the adopting county or city.
Code 1950, § 53-142.1; 1952, c. 264; 1970, c. 648; 1982, c. 636; 2005, c. 716.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-78. Jail for Supreme Court

The jail of any county or city in which the Supreme Court or Court of Appeals or a panel thereof is sitting, may be used as a jail for such court.
Code 1950, § 53-143; 1982, c. 636; 1984, c. 703.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-79. Jails for United States prisoners; payment by United States

The sheriff of any county or city or jail superintendent of any regional jail may receive into his jail any person committed thereto under the authority of the United States, and keep him safely according to the warrant or precept of commitment, until he shall be discharged under the laws of the United States. But no person arrested on civil process shall, under this section, be committed to any jail other than that of the county or city within which such person resides or is found.
The county or city or regional jail authority or, if none, the body responsible for the fiscal management of the regional jail shall be paid by the United States for the support of any such prisoner.
Code 1950, § 53-145; 1970, c. 648; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-79.1. Agreements to transfer, transport, and confine prisoners

The sheriff or superintendent of any jail may enter into an agreement with the sheriff or superintendent of any other jail in the Commonwealth to transfer and transport prisoners between the respective facilities, and to confine such prisoners, unless such transfer is otherwise prohibited by law.
1991, c. 192.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 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.
No (i) project to construct, enlarge, or renovate a jail or regional jail facility or to enlarge or renovate an existing jail that was not approved by the Governor prior to July 1, 2015, or (ii) project that is not an enlargement or renovation of a regional jail created prior to July 1, 2015, shall be eligible for reimbursement from the Commonwealth unless such project has been specifically authorized in the general appropriation act.
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.
Code 1950, § 53-133.1; 1968, c. 304; 1970, cc. 252, 373; 1973, c. 233; 1981, c. 380; 1982, c. 636; 1983, c. 358; 1989, c. 423; 1993, cc. 387, 787; 1995, c. 305; 2015, c. 749.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-82.1. Approval of jail projects by the Board; plan for community corrections

The Board shall promulgate regulations requiring localities seeking approval of a jail project to (i) submit a community-based corrections plan and (ii) demonstrate that the project can be completed and operated in a cost-efficient manner. Such regulations shall require, at a minimum, the following:
1. That the request include an analysis of staffing needs and a six-year operating budget for the proposed facility;
2. That the request include a plan for development and implementation of pre-trial detention alternatives and post-disposition punishment alternatives on a systematic local and regional basis, which plan shall be reviewed, modified and approved by the Board with assistance from the Department of Criminal Justice Services; and
3. That the project be based on a locality- or region-specific jail population forecast, which shall include an analysis of the impact on the jail population of the alternatives identified pursuant to subdivision 2 of this section, and which forecast shall be reviewed by the Department of Criminal Justice Services.
The Board shall approve no proposed jail project which does not conform to the regulations promulgated pursuant to this section.
The provisions of this section shall not apply to jail renovation projects which do not result in a net increase in available bed space.
1993, cc. 387, 787; 2000, c. 1040.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-82.3. Budgeting schedule for jail projects

A. 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, a community-based corrections plan 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 Department of the Treasury, 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. 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 Department of the Treasury, 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.
1993, cc. 387, 787; 1995, c. 305; 1998, cc. 498, 504; 2000, c. 1040.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-83.1. How state appropriations for operating costs of local correctional facilities determined

The Governor's proposed biennial budget bill shall include, for each fiscal year, an appropriation for operating costs for local correctional facilities. The proposed appropriation shall include:
1. An amount for compensating localities for the cost of maintaining prisoners arrested on state warrants in local jails, regional jails and jail farms, at a specified rate per prisoner day;
2. An amount for maintaining convicted state felons in local correctional facilities, at a specified rate per felon day, pursuant to § 53.1-20.1;
3. An amount to pay two-thirds of the salaries of medical and treatment personnel approved by the State Compensation Board; and
4. An amount to be set aside for unanticipated medical emergencies.
1983, c. 358; 1992, cc. 333, 573.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-84. State funds available to local correctional facilities for operating costs

The Compensation Board shall apportion among local correctional facilities moneys appropriated in the general appropriation act for the purpose of financial assistance for the confinement of persons in local facilities in accordance with reports of prisoner days provided by the Department.
The county or city receiving such funds or a combination of counties or cities or both receiving such funds on behalf of a regional facility shall pay therefrom the operating costs of its local adult correctional facilities and programs. Criminal costs prior to confinement shall be paid out of funds appropriated pursuant to § 19.2-332.
Regulations adopted by the Board to implement the provisions of §§ 53.1-84 through 53.1-86 shall not be subject to legislative review as provided in § 2.2-4014. In the adoption of such regulations, the Board shall comply with all other requirements of the Administrative Process Act (§ 2.2-4000 et seq.), and in any subsequent amendments thereto shall comply with all the provisions of § 2.2-4012.
1982, c. 636; 1983, c. 358.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-85. Time and manner of payment

Notwithstanding any contrary provisions of this Code which provide for state reimbursement of certain costs incurred by local correctional facilities, the time and manner of such payments shall be as hereinafter prescribed.
Each facility's apportionment pursuant to § 53.1-84 shall be paid by the Compensation Board to the responsible local governing body or fiscal agent of such facility in quarterly installments beginning July, 1983.
The amount of the quarterly installment for each facility will be the sum of the following:
1. The number of state prisoner days registered by the facility in the preceding quarter, pursuant to § 53.1-121, times the specified rate per prisoner day;
2. The number of prisoner days registered for convicted state felons by the facility in the preceding quarter times the specified rate per felon day, pursuant to § 53.1-20.1; and
3. One-fourth of the annual cost for salaries and fringe benefits for medical and treatment personnel approved by the Compensation Board pursuant to § 15.2-1636.7.
Funds held in the emergency reserve shall be distributed on the written authorization of the Compensation Board. In the event of emergencies, the Compensation Board may reallocate any portion of the reserve among individual facilities. Any balance remaining in the reserve at the close of the budgetary period shall revert to the general fund of the state treasury.
1982, c. 636; 1983, c. 358; 1992, cc. 333, 573.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-86. Limitation on use of state funds; records of receipts and disbursements

No locality receiving state funds under § 53.1-85 shall use such funds for any purpose other than for paying expenses incurred as the result of the confinement of persons in local correctional facilities. The Department shall require a locality to return any portion of state funds expended in violation of this provision to the state treasury. Should an unexpended balance of state funds exist at the end of the apportionment year, the unencumbered funds in such balance may be reverted to the local treasury and subsequently shall be expended for operating expenses of local correctional facilities. In the case of regional correctional facilities, the unexpended balance of state funds shall be apportioned by the regional facility's governing body to the participating localities based on the number of prisoner days of persons confined in the facility from each jurisdiction.
Each locality shall keep records of receipts and disbursements of state funds received pursuant to § 53.1-85. Such records shall be open for evaluation by the Department and audit by the Auditor of Public Accounts.
1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-87. Cost of maintenance of jails; payment by localities of respective shares of costs; judicial resolution of disagreements

A. In any instance in which a local correctional facility of a county, city or town is designated by the Board as the place where prisoners committed by the courts or other authorities of any other county, city or town shall be confined, any capital outlay expenses incurred for necessary repairs, improvements or additions to such facility, and all costs of maintenance of the facility chargeable to the localities, shall be borne ratably by the several counties, cities or towns using it.
B. The share of each respective county, city or town involved in such costs shall be such proportion of the total cost of such repairs, improvements, additions and other such costs as the total aggregate number of days spent in local correctional facilities by prisoners committed by the courts or other authorities of such county, city or town, for the five-year period next preceding the year in which such repairs, improvements or additions are begun, or other costs incurred, bears to the total aggregate number of days spent in local correctional facilities by the prisoners committed by the courts or other authorities of both or all of the counties, cities and towns using the facility to which such repairs, improvements or additions are made or in which such other costs are incurred. The amount to be paid by each county, city or town involved shall be determined by the Board on the basis herein set forth.
C. The Board shall furnish a statement of the several shares of the cost so determined to the governing body of each county, city and town involved, and the respective shares shall be paid within thirty days from the date upon which such statement is furnished. If the costs of any such repairs, improvements or additions will not exceed $2000 they may be authorized by the governing body of the county, city or town to whose correctional facility such repairs, improvements or additions are to be made. If the costs will exceed $2000, such repairs, improvements or additions shall be recommended by the Board and agreed on in advance by the governing bodies of both or all of the counties, cities and towns involved.
In case of disagreement, the matter of the extent of the repairs, improvements or additions and the proportionate cost to the respective localities involved shall be determined by the circuit court of the locality which owns or maintains the correctional institution proposed to be repaired, improved or added to, upon the petition of the Board.
Code 1950, § 53-136; 1970, c. 648; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-88. Governing body to examine statements, accounts and invoices and issue warrants

The governing body of each city or county or its duly authorized representative shall examine all statements of account and invoices laid before it by the sheriff pursuant to §§ 53.1-126 and 53.1-133.5. After satisfying itself that the statements and invoices are correct, the governing body shall cause warrants to be issued on the county or city treasurer, or other disbursing officer, for the payment of such accounts and invoices.
Code 1950, § 53-178; 1982, c. 636; 1992, c. 859.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-90. Pay for United States prisoners

Each sheriff or jail superintendent shall collect from the United States, for prisoners of the United States confined in the jail of his county, city or region, such amounts as shall be agreed upon by the governing body of the county or city or, in the case of a regional jail, the regional jail authority or, if none, the body responsible for the fiscal management of the regional jails and the appropriate authorities of the Government of the United States, which amounts shall not be less than the actual cost of feeding, clothing, caring for and furnishing medicine and medical attention for such prisoners.
Code 1950, § 53-181; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-91. Pay for prisoners from other counties, cities or towns

Each sheriff or jail superintendent shall collect from the counties, cities and towns of the Commonwealth, other than the county, city or region for which he is elected or appointed, and from any other state or country for which any prisoner is held in such jail, the reasonable costs of guarding, feeding, clothing, caring for and furnishing medicine and medical attention for prisoners held for such county, city, town, state or country, to be determined by agreement with the governmental unit involved, or, in the absence of such agreement, as shall be determined by the governing body of his county, city or regional jail.
The term "reasonable costs," as used in this section, means an amount not to exceed actual costs, including depreciation, less such amounts as may be paid by the Commonwealth pursuant to §§ 15.2-1609.8 and 53.1-85.
Code 1950, § 53-182; 1982, c. 636; 1983, c. 358; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-92. Disposition of money collected from United States or other counties, cities or towns

All moneys so collected by such sheriff from the United States or from any such county, city, town, state or country shall be promptly paid into the treasury of his county or city. The total amount so collected shall be retained by such county or city. All moneys so collected by jail superintendents 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.
Code 1950, § 53-183; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-93. When sheriffs to summon or employ guards and other persons; allowances therefor; fees charged to prisoner

Whenever in the discretion of the court it is necessary for the safekeeping of a prisoner under charge of or sentence for a crime, whether the prisoner be in jail, hospital, court or elsewhere, the court may order the sheriff to summon a sufficient guard. Whenever ordered by the court to do so, the sheriff shall summon or employ temporarily such persons as may be needed to preserve proper order or otherwise to aid the court in its proper operation and functioning. For such guard or other service the court may allow so much as it deems proper, not exceeding the hourly equivalent of the minimum annual salary paid a full-time deputy sheriff who performs like services in the same county or city. In addition, mileage and other expenses for rendering the services shall be paid for each such person. A prisoner may be charged reasonable fees for providing him a security escort, supervision and transportation to and from a funeral or graveside service.
Code 1950, §§ 19-283, 19.1-308, 53-183.2; 1956, c. 687; 1960, c. 366; 1972, c. 145; 1973, c. 401; 1976, c. 286; 1981, c. 386; 1982, c. 636; 2002, c. 336.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-94. Same when paid by county or city; same when by Compensation Board

The circuit court, before certifying any allowance pursuant to § 53.1-93, shall inquire into the condition of the jail. If it appears that a guard was necessary because of the insecurity of the jail, it shall order the allowance to be certified to the governing body of the county or city. If otherwise, and the guard was necessary, the allowance shall be paid out of the budget of the sheriff as approved by the Compensation Board.
Code 1950, §§ 19-284, 19.1-309, 53-183.3; 1960, c. 366; 1972, c. 145; 1982, c. 636; 1985, c. 321.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-95. Provisions applicable to jail farms of counties and cities

A. When the control, management and supervision of the jail farm of any county or city is not vested in the sheriff of such county or city, such county or city shall be paid out of state funds pursuant to § 53.1-85 for the care and custody at such jail farm of persons accused or convicted of any offense against the laws of the Commonwealth, and witnesses held in cases to which the Commonwealth is a party. Such payments shall include only the reasonable cost of guarding, and providing necessary housing, maintenance, administrative expenses, food, clothing, medicine and medical attention for such prisoners.
A1. Such county or city may also collect from other counties, cities or towns of the Commonwealth for which any prisoner is held at the jail farm of such county or city the reasonable cost of feeding, clothing, caring for and furnishing medicine and medical attention for such prisoner, and maintenance and administrative costs of the facility on a per prisoner basis. As used in this section, the term "reasonable cost" means an amount not to exceed actual costs, including depreciation, less such amounts as may be paid by the Commonwealth pursuant to §§ 15.2-1609.8 and 53.1-85.
B. When the control, management and supervision of the jail farm of any county or city is not vested in the sheriff of such county or city, the county or city may collect from the United States, for prisoners of the United States at the jail farm, such amounts as may be agreed upon by the county or city and the appropriate authorities of the Government of the United States, which amounts shall not be less than the actual cost of feeding, clothing and caring for such prisoners. Such county or city may collect from any state, other than this Commonwealth, and from any country other than the United States, for which any prisoner is held at the jail farm of such county or city, the cost of guarding, and providing necessary food, clothing, medicine and medical attention for prisoners held for such other state or country. The amount thereof shall be agreed upon by the governmental units involved.
Code 1950, § 53-188; 1960, c. 411; 1982, c. 636; 1983, c. 358.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-95.1. Limits on state expenditures

The Governor may withhold approval for state expenditures, by reimbursement or otherwise, for the purposes set out in this article as provided in the current general appropriation act.
1986, c. 394.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-95.2. Jail authority

The governing bodies of two or more counties, cities, or towns or a combination thereof may by concurrent ordinances or resolutions or by agreement, create a jail authority. Such authority shall be subject to all rights, privileges, and obligations contained in Chapter 3 (§ 53.1-68 et seq.) of this title.
1990, c. 837; 1992, c. 421.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-95.3. Definitions

As used in this article, the following words and terms shall have the following meanings unless the context indicates another meaning or intent:
"County" means any county in the Commonwealth of Virginia.
"Governing body" means in the case of a county the board of supervisors and in the case of a city or town the board, commission, council or other body by whatever name it may be known, in which the general legislative powers of the city or town are vested.
"Political subdivision" means a county, city, or town of the Commonwealth of Virginia.
"Unit" means any department, institution or commission of the Commonwealth of Virginia and any public corporate instrumentality thereof, and any district, and includes counties and municipalities.
1990, c. 837; 1992, c. 421.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-95.4. Ordinance, agreement or resolution creating authority

A. Each such ordinance, agreement or resolution shall include the following:
1. The name of the "authority" and address of its principal office.
2. The name of each participating political subdivision, together with the names, addresses and terms of office of the first members of the board of the authority.
3. The purpose or purposes for which the authority is to be created together with, insofar as the governing bodies of the participating political subdivisions determine to be practicable, preliminary estimates of capital costs and financing proposals for any specific project or projects to be undertaken by the authority.
4. The number of members who shall exercise the powers of the authority and the number from each participating political subdivision.
B. Any such ordinance, agreement or resolution that does not set forth the information required in subdivision A 3 of this section regarding capital cost estimates and project financing proposals shall also set forth a finding that inclusion of such information is impracticable.
1990, c. 837.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-95.5. Joinder of new subdivision; withdrawal from authority

Any political subdivision may become a member of any existing authority, and any political subdivision which is a member of an existing authority may withdraw therefrom, but no political subdivision shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority.
The governing body of any political subdivision wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance. The governing body of any political subdivision wishing to become a member of an existing authority and the governing bodies of the political subdivisions then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of such political subdivision and specify the number and term of office of members of the expanded authority which are to be appointed by each of the participating political subdivisions, together with the name, address and term of office of initial appointments to membership.
1990, c. 837.