§ 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;
4. Approving the type of work inmates may perform and the wages or sentence credits that may be given the inmates engaging in such work;
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;
9. Disciplining inmates in any manner 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, or provision of security; however, the contractor may operate a prison facility, including management, custody of inmates, or provision of security, upon approval by the General Assembly.
History
This law was first created in 1991. The record of its establishment is cataloged in chapter 705 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 “Acts” aren’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 654; in 1995, chapter 694; in 2025, chapter 337.
1991, c. 705; 1992, c. 654; 1995, c. 694; 2025, c. 337.