{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-262.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-262.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-262.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-262.html"}],"law_id":77268,"edition_id":1,"section_id":77268,"structure_id":15512,"section_number":"53.1-262","catch_line":"State correctional facilities; private contracts","history":"1991, c. 705; 1992, c. 654; 1995, c. 694; 1998, c. 818; 2020, c. 759; 2025, c. 337.","full_text":"The Director, subject to the provisions of the Virginia Public Procurement Act (\u00a7 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 of prison facilities, or any combination of those services, subject to the following requirements and limitations:\n\n1\n\nContracts 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 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:\n\t\t\ta. The qualifications and experience necessary to carry out the terms of this contract;\n\t\t\tb. The financial resources to provide indemnification for liability arising from prison projects;\n\t\t\tc. 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\n\t\t\td. The ability to comply with all applicable federal and state constitutional standards; federal, state, and local laws; court orders; and correctional standards.2\n\nContracts 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 30 years, subject to the requirements for annual appropriation of funds by the Commonwealth.3\n\nNo contract for correctional services shall be entered into unless the following requirements are met:\n\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\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 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.4\n\nNo contract for correctional services shall be executed by the Director nor shall any funds be expended for the contract unless:\n\t\t\ta. The proposed contract complies with any applicable regulations that may be promulgated by the Director;\n\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\tc. 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\n\t\t\td. 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.","order_by":null,"text":{"0":{"id":277166,"text":"The Director, subject to the provisions of the Virginia Public Procurement Act (\u00a7 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 of prison facilities, or any combination of those services, subject to the following requirements and limitations:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":277167,"text":"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 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:\n\t\t\ta. The qualifications and experience necessary to carry out the terms of this contract;\n\t\t\tb. The financial resources to provide indemnification for liability arising from prison projects;\n\t\t\tc. 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\n\t\t\td. The ability to comply with all applicable federal and state constitutional standards; federal, state, and local laws; court orders; and correctional standards.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":277168,"text":"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 30 years, subject to the requirements for annual appropriation of funds by the Commonwealth.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":277169,"text":"No contract for correctional services shall be entered into unless the following requirements are met:\n\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\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 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":277170,"text":"No contract for correctional services shall be executed by the Director nor shall any funds be expended for the contract unless:\n\t\t\ta. The proposed contract complies with any applicable regulations that may be promulgated by the Director;\n\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\tc. 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\n\t\t\td. 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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":15512,"edition_id":1,"name":"Corrections Private Management Act","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:55:41","date_modified":"2026-06-26 03:55:41","permalink":{"id":237831,"object_type":"structure","relational_id":15512,"identifier":"15","token":"53.1\/15","url":"\/53.1\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","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":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87276,"structure_id":15512,"section_number":"53.1-261","catch_line":"Definitions","url":"\/53.1-261\/","token":"53.1\/15\/53.1-261","metadata":false},{"id":77268,"structure_id":15512,"section_number":"53.1-262","catch_line":"State correctional facilities; private contracts","url":"\/53.1-262\/","token":"53.1\/15\/53.1-262","metadata":false},{"id":84479,"structure_id":15512,"section_number":"53.1-263","catch_line":"Authority of security employees","url":"\/53.1-263\/","token":"53.1\/15\/53.1-263","metadata":false},{"id":65600,"structure_id":15512,"section_number":"53.1-264","catch_line":"Application of certain criminal law to contractor-operated facilities","url":"\/53.1-264\/","token":"53.1\/15\/53.1-264","metadata":false},{"id":73687,"structure_id":15512,"section_number":"53.1-265","catch_line":"Powers and duties not delegable to contractor","url":"\/53.1-265\/","token":"53.1\/15\/53.1-265","metadata":false},{"id":78881,"structure_id":15512,"section_number":"53.1-266","catch_line":"Department shall promulgate regulations","url":"\/53.1-266\/","token":"53.1\/15\/53.1-266","metadata":false},{"id":59120,"structure_id":15512,"section_number":"53.1-267","catch_line":"Expired","url":"\/53.1-267\/","token":"53.1\/15\/53.1-267","metadata":false}],"previous_section":{"id":87276,"structure_id":15512,"section_number":"53.1-261","catch_line":"Definitions","url":"\/53.1-261\/","token":"53.1\/15\/53.1-261","metadata":false},"next_section":{"id":84479,"structure_id":15512,"section_number":"53.1-263","catch_line":"Authority of security employees","url":"\/53.1-263\/","token":"53.1\/15\/53.1-263","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-262\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 705 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 5 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 654; in 1995, chapter 694<\/a>; in 1998, chapter 818<\/a>; in 2020, chapter 759<\/a>; in 2025, chapter 337<\/a>.<\/p>","references":false,"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"}],"permalink":{"id":237837,"object_type":"law","relational_id":77268,"identifier":"53.1-262","token":"53.1\/15\/53.1-262","url":"\/53.1-262\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-262\/","token":"53.1\/15\/53.1-262","dublin_core":{"Title":"State correctional facilities; private contracts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-262","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Director<\/span>, subject to the provisions of the Virginia Public Procurement Act (\u00a7 2.2-4300<\/a> et seq.), is hereby authorized to enter into contracts<\/span> with prison contractors<\/span> for the financing, site selection, acquisition, construction, maintenance, or leasing of prison facilities, or any combination of those services, subject to the following requirements and limitations:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Contracts<\/span> 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 that meets all the requirements in the request for proposals. However, no contract<\/span> for correctional services<\/span> may be entered into unless the private contractor<\/span> demonstrates that it has:\n\t\t\ta. The qualifications and experience necessary to carry out the terms of this contract<\/span>;\n\t\t\tb. The financial resources to provide indemnification for liability arising from prison projects;\n\t\t\tc. Evidence<\/span> of past performance of similar contracts<\/span> which shall include the experience of persons in management with such entity and may include the experience of the parent of such entity; and\n\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 correctional standards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Contracts<\/span> awarded under the provisions of this chapter, including contracts<\/span> for the provision of correctional services<\/span> 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 30 years, subject to the requirements for annual appropriation of funds by the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No contract<\/span> for correctional services<\/span> shall be entered into unless the following requirements are met:\n\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\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 Commonwealth and public officials from all claims and losses incurred as a result of the contract<\/span>. Nothing herein is intended to deprive a prison contractor<\/span> or the Commonwealth 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<\/span> shall be executed by the Director<\/span> nor shall any funds be expended for the contract<\/span> unless:\n\t\t\ta. The proposed contract<\/span> complies with any applicable regulations that may be promulgated by the Director<\/span>;\n\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\tc. The correctional services<\/span> proposed by the contract<\/span> are of at least the same quality as those routinely provided by the Department<\/span> to similar types of inmates; and\n\t\t\td. An evaluation of the proposed contract<\/span> demonstrates a cost benefit to the Commonwealth when compared to alternative means of providing the services through governmental agencies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE CORRECTIONAL FACILITIES; PRIVATE CONTRACTS (\u00a7 53.1-262)\n\nThe Director, subject to the provisions of the Virginia Public Procurement Act\n(\u00a7 2.2-4300 et seq.), is hereby authorized to enter into contracts with prison\ncontractors for the financing, site selection, acquisition, construction,\nmaintenance, or leasing of prison facilities, or any combination of those\nservices, subject to the following requirements and limitations:\n\n1. Contracts entered into under the terms of this chapter shall be with an\nentity submitting an acceptable response pursuant to a request for proposals. An\nacceptable response shall be one that meets all the requirements in the request\nfor proposals. However, no contract for correctional services may be entered\ninto unless the private contractor demonstrates that it has:\n\t\t\ta. The qualifications and experience necessary to carry out the terms of this\ncontract;\n\t\t\tb. The financial resources to provide indemnification for liability arising\nfrom prison projects;\n\t\t\tc. Evidence of past performance of similar contracts which shall include the\nexperience of persons in management with such entity and may include the\nexperience of the parent of such entity; and\n\t\t\td. The ability to comply with all applicable federal and state constitutional\nstandards; federal, state, and local laws; court orders; and correctional\nstandards.\n\n2. Contracts awarded under the provisions of this chapter, including contracts\nfor the provision of correctional services or for the lease or use of public\nlands or buildings for use in the operation of facilities, may be entered into\nfor a period of up to 30 years, subject to the requirements for annual\nappropriation of funds by the Commonwealth.\n\n3. No contract for correctional services shall be entered into unless the\nfollowing requirements are met:\n\t\t\ta. The contractor provides audited financial statements for the previous five\nyears or for each of the years the contractor has been in operation, if fewer\nthan five years, and provides other financial information as requested; and\n\t\t\tb. The contractor provides an adequate plan of indemnification, specifically\nincluding indemnity for civil rights claims. The indemnification plan shall be\nadequate to protect the Commonwealth and public officials from all claims and\nlosses incurred as a result of the contract. Nothing herein is intended to\ndeprive a prison contractor or the Commonwealth of the benefits of any law\nlimiting exposure to liability or setting a limit on damages.\n\n4. No contract for correctional services shall be executed by the Director nor\nshall any funds be expended for the contract unless:\n\t\t\ta. The proposed contract complies with any applicable regulations that may be\npromulgated by the Director;\n\t\t\tb. An appropriation for the services to be provided under the contract has\nbeen expressly approved as is otherwise provided by law;\n\t\t\tc. The correctional services proposed by the contract are of at least the\nsame quality as those routinely provided by the Department to similar types of\ninmates; and\n\t\t\td. An evaluation of the proposed contract demonstrates a cost benefit to the\nCommonwealth when compared to alternative means of providing the services\nthrough governmental agencies.\n\nHISTORY: 1991, c. 705; 1992, c. 654; 1995, c. 694; 1998, c. 818; 2020, c. 759;\n2025, c. 337.","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}}