{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-71.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-71.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-71.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-71.1.html"}],"law_id":77151,"edition_id":1,"section_id":77151,"structure_id":15981,"section_number":"53.1-71.1","catch_line":"Private construction, maintenance, etc., of regional jail facility","history":"1994, c. 715; 2025, c. 337.","full_text":"A\n\nAny regional jail authority constituted pursuant to Article 3.1 (§ 53.1-95.2 et seq.) or 5 (§ 53.1-105 et seq.) of Chapter 3 of Title 53.1 may contract with a private entity for the financing, site selection, acquisition, construction, maintenance, or leasing of a regional jail facility.B\n\nAny project authorized pursuant to subsection A shall be 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 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\t\ta. The qualifications and experience necessary to carry out the terms of this contract;\n\t\t\t\tb. The financial resources to provide indemnification for liability arising from jail 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 correctional standards.2\n\nContracts awarded under the provisions of this article, 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 expenditure of funds by the local governing bodies.3\n\nNo contract for correctional services shall be entered into which would adversely affect the tax-exempt status of obligations issued or to be issued to finance the facility, and 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 combination of counties or cities and public officials from all claims and losses incurred as a result of the contract. The indemnification plan shall include liability insurance in limits of not less than $5 million. Nothing herein is intended to deprive a regional jail facility contractor or the combination of counties or cities 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 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 correctional services proposed by the contract are of at least the same quality as those routinely provided by a regional jail facility to similar types of inmates; and\n\t\t\t\td. An evaluation of the proposed contract demonstrates a cost benefit to the combination of counties or cities when compared to alternative means of providing the services through governmental agencies.","order_by":null,"text":{"0":{"id":276762,"text":"Any regional jail authority constituted pursuant to Article 3.1 (§ 53.1-95.2 et seq.) or 5 (§ 53.1-105 et seq.) of Chapter 3 of Title 53.1 may contract with a private entity for the financing, site selection, acquisition, construction, maintenance, or leasing of a regional jail facility.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276763,"text":"Any project authorized pursuant to subsection A shall be 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":276764,"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 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\t\ta. The qualifications and experience necessary to carry out the terms of this contract;\n\t\t\t\tb. The financial resources to provide indemnification for liability arising from jail 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 correctional standards.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":276765,"text":"Contracts awarded under the provisions of this article, 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 expenditure of funds by the local governing bodies.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":276766,"text":"No contract for correctional services shall be entered into which would adversely affect the tax-exempt status of obligations issued or to be issued to finance the facility, and 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 combination of counties or cities and public officials from all claims and losses incurred as a result of the contract. The indemnification plan shall include liability insurance in limits of not less than $5 million. Nothing herein is intended to deprive a regional jail facility contractor or the combination of counties or cities 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":276767,"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 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 correctional services proposed by the contract are of at least the same quality as those routinely provided by a regional jail facility to similar types of inmates; and\n\t\t\t\td. An evaluation of the proposed contract demonstrates a cost benefit to the combination of counties or cities 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":15981,"edition_id":1,"name":"Private Services at Regional Jail Facilities","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":12847,"metadata":{},"date_created":"2026-06-26 04:03:10","date_modified":"2026-06-26 04:03:10","permalink":{"id":238313,"object_type":"structure","relational_id":15981,"identifier":"1.1","token":"53.1\/3\/1.1","url":"\/53.1\/3\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12847,"edition_id":1,"name":"Local Correctional Facilities","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":238281,"object_type":"structure","relational_id":12847,"identifier":"3","token":"53.1\/3","url":"\/53.1\/3\/","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":77151,"structure_id":15981,"section_number":"53.1-71.1","catch_line":"Private construction, maintenance, etc., of regional jail facility","url":"\/53.1-71.1\/","token":"53.1\/3\/1.1\/53.1-71.1","metadata":false},{"id":62340,"structure_id":15981,"section_number":"53.1-71.2","catch_line":"Authority of security employees","url":"\/53.1-71.2\/","token":"53.1\/3\/1.1\/53.1-71.2","metadata":false},{"id":76439,"structure_id":15981,"section_number":"53.1-71.3","catch_line":"Application of certain criminal laws to contractor-operated facilities","url":"\/53.1-71.3\/","token":"53.1\/3\/1.1\/53.1-71.3","metadata":false},{"id":75934,"structure_id":15981,"section_number":"53.1-71.4","catch_line":"Powers and duties not delegable to contractor","url":"\/53.1-71.4\/","token":"53.1\/3\/1.1\/53.1-71.4","metadata":false},{"id":71975,"structure_id":15981,"section_number":"53.1-71.5","catch_line":"Board to promulgate regulations","url":"\/53.1-71.5\/","token":"53.1\/3\/1.1\/53.1-71.5","metadata":false},{"id":68905,"structure_id":15981,"section_number":"53.1-71.6","catch_line":"State reimbursement to localities","url":"\/53.1-71.6\/","token":"53.1\/3\/1.1\/53.1-71.6","metadata":false}],"next_section":{"id":62340,"structure_id":15981,"section_number":"53.1-71.2","catch_line":"Authority of security employees","url":"\/53.1-71.2\/","token":"53.1\/3\/1.1\/53.1-71.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-71.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 715<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2025, chapter 337<\/a>.<\/p>","references":[{"id":79111,"section_number":"53.1-95.8:1","catch_line":"Handling of funds for regional correctional facility; county or city treasurer or director of finance as fiscal agent","order_by":null,"url":"\/53.1-95.8_1\/"}],"refers_to":[{"id":83334,"section_number":"53.1-105","catch_line":"County and city regional jail or jail farm; persons who may be confined; release and transfer of prisoners","order_by":null,"url":"\/53.1-105\/"},{"id":72359,"section_number":"53.1-95.2","catch_line":"Jail authority","order_by":null,"url":"\/53.1-95.2\/"}],"permalink":{"id":238315,"object_type":"law","relational_id":77151,"identifier":"53.1-71.1","token":"53.1\/3\/1.1\/53.1-71.1","url":"\/53.1-71.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-71.1\/","token":"53.1\/3\/1.1\/53.1-71.1","dublin_core":{"Title":"Private construction, maintenance, etc., of regional jail facility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-71.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any regional jail authority constituted pursuant to Article 3.1 (§ 53.1-95.2<\/a> et seq.) or 5 (§ 53.1-105<\/a> et seq.) of Chapter 3 of Title 53.1 may contract<\/span> with a private entity for the financing, site selection, acquisition, construction, maintenance, or leasing of a regional jail facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any project authorized pursuant to subsection A shall be 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 that meets all the requirements in the request for proposals. However, no contract<\/span> for correctional services may be entered into unless the private contractor demonstrates that it has:\n\t\t\t\ta. The qualifications and experience 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 jail 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 correctional standards. <\/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 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 expenditure of funds by the local governing bodies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No contract<\/span> for correctional services shall be entered into which would adversely affect the tax-exempt status of obligations issued or to be issued to finance the facility, and 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 combination of counties or cities and public officials from all claims and losses incurred as a result of the contract<\/span>. The indemnification plan shall include liability insurance in limits of not less than $5 million. Nothing herein is intended to deprive a regional jail facility contractor or the combination of counties or cities 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 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 correctional services proposed by the contract<\/span> are of at least the same quality as those routinely provided by a regional jail facility to similar types of inmates; and\n\t\t\t\td. An evaluation of the proposed contract<\/span> demonstrates a cost benefit to the combination of counties or cities when compared to alternative means of providing the services through governmental agencies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIVATE CONSTRUCTION, MAINTENANCE, ETC., OF REGIONAL JAIL FACILITY (\u00a7\n53.1-71.1)\n\nA. Any regional jail authority constituted pursuant to Article 3.1 (§\n53.1-95.2 et seq.) or 5 (§ 53.1-105 et seq.) of Chapter 3 of Title 53.1 may\ncontract with a private entity for the financing, site selection, acquisition,\nconstruction, maintenance, or leasing of a regional jail facility.\n\nB. Any project authorized pursuant to subsection A shall be subject to the\nrequirements and limitations set out 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 that meets all the requirements in the\n request for proposals. However, no contract for correctional services may be\n entered into unless the private contractor demonstrates that it has:\n \t\t\t\ta. The qualifications and experience necessary to carry out the terms of\n this contract;\n \t\t\t\tb. The financial resources to provide indemnification for liability\n arising from jail 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 correctional standards.\n\n 2. Contracts awarded under the provisions of this article, including contracts\n for the provision of correctional services or for the lease or use of public\n lands or buildings for use in the operation of facilities, may be entered into\n for a period of up to 30 years, subject to the requirements for expenditure of\n funds by the local governing bodies.\n\n 3. No contract for correctional services shall be entered into which would\n adversely affect the tax-exempt status of obligations issued or to be issued\n to finance the facility, and 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 combination of counties or cities and\n public officials from all claims and losses incurred as a result of the\n contract. The indemnification plan shall include liability insurance in limits\n of not less than $5 million. Nothing herein is intended to deprive a regional\n jail facility contractor or the combination of counties or cities of the\n benefits of any law limiting exposure to liability or setting a limit on\n 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 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 correctional services proposed by the contract are of at least the\n same quality as those routinely provided by a regional jail facility to\n similar types of inmates; and\n \t\t\t\td. An evaluation of the proposed contract demonstrates a cost benefit to\n the combination of counties or cities when compared to alternative means of\n providing the services through governmental agencies.\n\nHISTORY: 1994, c. 715; 2025, 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}}