{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-322.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-322.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-322.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-322.5.html"}],"law_id":77803,"edition_id":1,"section_id":77803,"structure_id":16087,"section_number":"16.1-322.5","catch_line":"State Board may authorize private construction, operation, etc., of local or regional detention homes, etc","history":"1991, c. 258; 1992, c. 652; 1995, cc. 696, 699.","full_text":"A\n\nThe State Board of Juvenile Justice may authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 to contract with a private entity for the financing, site selection, acquisition, construction, maintenance, leasing, management or operation of a local or regional detention home or other secure facility, or any combination of those services. Any project authorized pursuant to this article shall be consistent with the statewide plan developed pursuant to § 16.1-309.4.B\n\nAny project the State Board authorizes pursuant to subsection A of this section shall be subject to the provisions of the Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) and subject to the requirements and limitations set out below.1\n\nContracts entered into under the terms of this article shall be with an entity submitting an acceptable response pursuant to a request for proposals. An acceptable response shall be one which meets all the requirements in the request for proposals. However, no such contract may be entered into unless the private contractor demonstrates that it has:\n\t\t\t\ta. The qualifications, experience and management personnel necessary to carry out the terms of this contract;\n\t\t\t\tb. The financial resources to provide indemnification for liability arising from detention home or other secure facility management projects;\n\t\t\t\tc. Evidence of past performance of similar contracts; and\n\t\t\t\td. The ability to comply with all applicable federal and state constitutional standards; federal, state, and local laws; court orders; and standards for a detention home or other secure facility.2\n\nContracts awarded under the provisions of this article, including contracts for the provision of juvenile correctional facilities or programs 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 years, subject to the requirements for expenditure of funds by the local governing body or bodies.3\n\nNo contract for juvenile correctional facilities or programs shall be entered into unless the following requirements are met:\n\t\t\t\ta. 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\n\t\t\t\tb. The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. The indemnification plan shall be adequate to protect the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315 and public officials from all claims and losses incurred as a result of the contract. Nothing herein is intended to deprive a contractor or the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315 of the benefits of any law limiting exposure to liability or setting a limit on damages.4\n\nNo contract for correctional services shall be executed unless:\n\t\t\t\ta. The proposed contract has been reviewed and approved by the State Board;\n\t\t\t\tb. An appropriation for the services to be provided under the contract has been expressly approved as is otherwise provided by law;\n\t\t\t\tc. The juvenile correctional facilities or programs proposed by the contract are of at least the same quality as those routinely provided by a governmental agency to similarly situated children; and\n\t\t\t\td. An evaluation of the proposed contract demonstrates a cost benefit to the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315 when compared to alternative means of providing the services through governmental agencies.","order_by":null,"text":{"0":{"id":279064,"text":"The State Board of Juvenile Justice may authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 to contract with a private entity for the financing, site selection, acquisition, construction, maintenance, leasing, management or operation of a local or regional detention home or other secure facility, or any combination of those services. Any project authorized pursuant to this article shall be consistent with the statewide plan developed pursuant to § 16.1-309.4.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":279065,"text":"Any project the State Board authorizes pursuant to subsection A of this section shall be subject to the provisions of the Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) and subject to the requirements and limitations set out below.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":279066,"text":"Contracts entered into under the terms of this article shall be with an entity submitting an acceptable response pursuant to a request for proposals. An acceptable response shall be one which meets all the requirements in the request for proposals. However, no such contract may be entered into unless the private contractor demonstrates that it has:\n\t\t\t\ta. The qualifications, experience and management personnel necessary to carry out the terms of this contract;\n\t\t\t\tb. The financial resources to provide indemnification for liability arising from detention home or other secure facility management projects;\n\t\t\t\tc. Evidence of past performance of similar contracts; and\n\t\t\t\td. The ability to comply with all applicable federal and state constitutional standards; federal, state, and local laws; court orders; and standards for a detention home or other secure facility.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":279067,"text":"Contracts awarded under the provisions of this article, including contracts for the provision of juvenile correctional facilities or programs 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 years, subject to the requirements for expenditure of funds by the local governing body or bodies.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":279068,"text":"No contract for juvenile correctional facilities or programs shall be entered into unless the following requirements are met:\n\t\t\t\ta. 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\n\t\t\t\tb. The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. The indemnification plan shall be adequate to protect the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315 and public officials from all claims and losses incurred as a result of the contract. Nothing herein is intended to deprive a contractor or the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315 of the benefits of any law limiting exposure to liability or setting a limit on damages.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":279069,"text":"No contract for correctional services shall be executed unless:\n\t\t\t\ta. The proposed contract has been reviewed and approved by the State Board;\n\t\t\t\tb. An appropriation for the services to be provided under the contract has been expressly approved as is otherwise provided by law;\n\t\t\t\tc. The juvenile correctional facilities or programs proposed by the contract are of at least the same quality as those routinely provided by a governmental agency to similarly situated children; and\n\t\t\t\td. An evaluation of the proposed contract demonstrates a cost benefit to the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315 when compared to alternative means of providing the services through governmental agencies.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3"}},"ancestry":[{"id":16087,"edition_id":1,"name":"Private Operation of Juvenile Detention Facilities","identifier":"13.2","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 04:05:28","date_modified":"2026-06-26 04:05:28","permalink":{"id":161189,"object_type":"structure","relational_id":16087,"identifier":"13.2","token":"16.1\/11\/13.2","url":"\/16.1\/11\/13.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77803,"structure_id":16087,"section_number":"16.1-322.5","catch_line":"State Board may authorize private construction, operation, etc., of local or regional detention homes, etc","url":"\/16.1-322.5\/","token":"16.1\/11\/13.2\/16.1-322.5","metadata":false},{"id":63322,"structure_id":16087,"section_number":"16.1-322.6","catch_line":"Powers and duties not delegable to contractor","url":"\/16.1-322.6\/","token":"16.1\/11\/13.2\/16.1-322.6","metadata":false},{"id":68054,"structure_id":16087,"section_number":"16.1-322.7","catch_line":"State Board to promulgate regulations","url":"\/16.1-322.7\/","token":"16.1\/11\/13.2\/16.1-322.7","metadata":false}],"next_section":{"id":63322,"structure_id":16087,"section_number":"16.1-322.6","catch_line":"Powers and duties not delegable to contractor","url":"\/16.1-322.6\/","token":"16.1\/11\/13.2\/16.1-322.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-322.5\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 258 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 652; in 1995, chapters 696<\/a> and 699<\/a>.<\/p>","references":false,"refers_to":[{"id":59677,"section_number":"16.1-315","catch_line":"Joint or regional citizen detention commissions authorized","order_by":null,"url":"\/16.1-315\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"}],"permalink":{"id":161191,"object_type":"law","relational_id":77803,"identifier":"16.1-322.5","token":"16.1\/11\/13.2\/16.1-322.5","url":"\/16.1-322.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-322.5\/","token":"16.1\/11\/13.2\/16.1-322.5","dublin_core":{"Title":"State Board may authorize private construction, operation, etc., of local or regional detention homes, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-322.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The State Board<\/span> of Juvenile Justice may authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315<\/a> to contract<\/span> with a private entity for the financing, site selection, acquisition, construction, maintenance, leasing, management or operation of a local or regional detention home<\/span> or other secure facility<\/span>, or any combination of those services. Any project authorized pursuant to this article shall be consistent with the statewide plan developed pursuant to § 16.1-309.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any project the State Board<\/span> authorizes pursuant to subsection A of this section shall be subject to the provisions of the Virginia Public Procurement Act (\u00a7 2.2-4300<\/a> et seq.) and subject to the requirements and limitations set out below. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Contracts<\/span> entered into under the terms of this article shall be with an entity submitting an acceptable response pursuant to a request for proposals. An acceptable response shall be one which meets all the requirements in the request for proposals. However, no such contract<\/span> may be entered into unless the private contractor demonstrates that it has:\n\t\t\t\ta. The qualifications, experience and management personnel necessary to carry out the terms of this contract<\/span>;\n\t\t\t\tb. The financial resources to provide indemnification for liability arising from detention home<\/span> or other secure facility<\/span> management projects;\n\t\t\t\tc. Evidence<\/span> of past performance of similar contracts<\/span>; and\n\t\t\t\td. The ability to comply with all applicable federal and state constitutional standards; federal, state, and local laws<\/span>; court orders<\/span>; and standards for a detention home<\/span> or other secure facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Contracts<\/span> awarded under the provisions of this article, including contracts<\/span> for the provision of juvenile correctional facilities or programs 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 years, subject to the requirements for expenditure of funds by the local governing body or bodies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No contract<\/span> for juvenile correctional facilities or programs shall be entered into unless the following requirements are met:\n\t\t\t\ta. 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\n\t\t\t\tb. The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. The indemnification plan shall be adequate to protect the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315<\/a> and public officials from all claims and losses incurred as a result of the contract<\/span>. Nothing herein is intended to deprive a contractor or the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315<\/a> of the benefits of any law<\/span> limiting exposure to liability or setting a limit on damages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No contract<\/span> for correctional services shall be executed unless:\n\t\t\t\ta. The proposed contract<\/span> has been reviewed and approved by the State Board<\/span>;\n\t\t\t\tb. An appropriation for the services to be provided under the contract<\/span> has been expressly approved as is otherwise provided by law<\/span>;\n\t\t\t\tc. The juvenile correctional facilities or programs proposed by the contract<\/span> are of at least the same quality as those routinely provided by a governmental agency to similarly situated children; and\n\t\t\t\td. An evaluation of the proposed contract<\/span> demonstrates a cost benefit to the county or city or combination of counties, cities, or towns established pursuant to § 16.1-315<\/a> when compared to alternative means of providing the services through governmental agencies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE BOARD MAY AUTHORIZE PRIVATE CONSTRUCTION, OPERATION, ETC., OF LOCAL OR\nREGIONAL DETENTION HOMES, ETC (\u00a7 16.1-322.5)\n\nA. The State Board of Juvenile Justice may authorize a county or city or any\ncombination of counties, cities, or towns established pursuant to §\n16.1-315 to contract with a private entity for the financing, site selection,\nacquisition, construction, maintenance, leasing, management or operation of a\nlocal or regional detention home or other secure facility, or any combination of\nthose services. Any project authorized pursuant to this article shall be\nconsistent with the statewide plan developed pursuant to § 16.1-309.4.\n\nB. Any project the State Board authorizes pursuant to subsection A of this\nsection shall be subject to the provisions of the Virginia Public Procurement\nAct (\u00a7 2.2-4300 et seq.) and subject to the requirements and limitations set\nout below.\n\n 1. Contracts entered into under the terms of this article shall be with an\n entity submitting an acceptable response pursuant to a request for proposals.\n An acceptable response shall be one which meets all the requirements in the\n request for proposals. However, no such contract may be entered into unless\n the private contractor demonstrates that it has:\n \t\t\t\ta. The qualifications, experience and management personnel necessary to\n carry out the terms of this contract;\n \t\t\t\tb. The financial resources to provide indemnification for liability\n arising from detention home or other secure facility management projects;\n \t\t\t\tc. Evidence of past performance of similar contracts; and\n \t\t\t\td. The ability to comply with all applicable federal and state\n constitutional standards; federal, state, and local laws; court orders; and\n standards for a detention home or other secure facility.\n\n 2. Contracts awarded under the provisions of this article, including contracts\n for the provision of juvenile correctional facilities or programs or for the\n lease or use of public lands or buildings for use in the operation of\n facilities, may be entered into for a period of up to thirty years, subject to\n the requirements for expenditure of funds by the local governing body or\n bodies.\n\n 3. No contract for juvenile correctional facilities or programs shall be\n entered into unless the following requirements are met:\n \t\t\t\ta. The contractor provides audited financial statements for the previous\n five years or for each of the years the contractor has been in operation if\n fewer than five years, and provides other financial information as requested;\n and\n \t\t\t\tb. The contractor provides an adequate plan of indemnification,\n specifically including indemnity for civil rights claims. The indemnification\n plan shall be adequate to protect the county or city or combination of\n counties, cities, or towns established pursuant to § 16.1-315 and public\n officials from all claims and losses incurred as a result of the contract.\n Nothing herein is intended to deprive a contractor or the county or city or\n combination of counties, cities, or towns established pursuant to §\n 16.1-315 of the benefits of any law limiting exposure to liability or setting\n a limit on damages.\n\n 4. No contract for correctional services shall be executed unless:\n \t\t\t\ta. The proposed contract has been reviewed and approved by the State\n Board;\n \t\t\t\tb. An appropriation for the services to be provided under the contract has\n been expressly approved as is otherwise provided by law;\n \t\t\t\tc. The juvenile correctional facilities or programs proposed by the\n contract are of at least the same quality as those routinely provided by a\n governmental agency to similarly situated children; and\n \t\t\t\td. An evaluation of the proposed contract demonstrates a cost benefit to\n the county or city or combination of counties, cities, or towns established\n pursuant to § 16.1-315 when compared to alternative means of providing\n the services through governmental agencies.\n\nHISTORY: 1991, c. 258; 1992, c. 652; 1995, cc. 696, 699.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}