{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/66-25.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/66-25.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/66-25.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/66-25.4.html"}],"law_id":86741,"edition_id":1,"section_id":86741,"structure_id":16009,"section_number":"66-25.4","catch_line":"State juvenile correctional facilities; private contracts","history":"1996, cc. 795, 942; 2012, cc. 803, 835.","full_text":"The Director, subject to any applicable regulations which may be promulgated by the Board pursuant to \u00a7 66-10, is hereby authorized to enter into contracts for the financing, site selection, design, acquisition, construction, maintenance, leasing, leasing\/purchasing, management or operation of juvenile correctional facilities or any combination of those services subject to the requirements and limitations set out below.\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 which meets all the requirements in the request for proposals. However, no contract for juvenile correctional facilities or correctional services may be entered into unless the private contractor demonstrates to the satisfaction of the Director that it has:\n\t\t\ta. The qualifications, experience and management personnel necessary to carry out the terms of this contract;\n\t\t\tb. The financial resources to provide indemnification for liability arising from the management of juvenile correctional projects;\n\t\t\tc. Evidence of past performance of similar contracts; 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 juvenile correctional standards.2\n\nContracts awarded under the provisions of this chapter, including contracts for the provision of juvenile correctional services, the construction of juvenile correctional facilities, or for the lease, lease\/purchase or use of public or private 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\nContracts awarded under the provisions of this chapter shall, at a minimum, comply with the following:\n\t\t\ta. Provide for appropriate security to protect the public, employees and committed juveniles;\n\t\t\tb. Provide juveniles with work or training opportunities while incarcerated; however, the contractor shall not benefit financially from the labor of committed juveniles;\n\t\t\tc. Impose discipline on committed juveniles only in accordance with applicable regulations; and\n\t\t\td. Provide proper food, clothing, housing and medical care for juveniles.4\n\nNo contract for juvenile correctional facilities or juvenile 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 contractor or the Commonwealth of the benefits of any law limiting exposure to liability or setting a limit on damages.5\n\nNo contract for juvenile correctional facilities or 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 which may be promulgated by the Board pursuant to § 66-10;\n\t\t\tb. An appropriation for the facilities or the services to be provided under the contract has been expressly approved as is otherwise provided by law;\n\t\t\tc. The juvenile correctional facilities or 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 committed juveniles;\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 facilities or the services through governmental agencies;\n\t\t\te. If a contract for acquiring facilities requires or otherwise contemplates that the Commonwealth, whether subject to appropriation or not, will make payments beyond the current biennium that are expected to pay debt service on any bonds or other obligations issued to finance such facilities, regardless of the issuer thereof, then (i) the Treasury Board shall approve the terms and structure of such bonds or other obligations and (ii) the appropriation for such facilities acknowledges that payments for the acquisition of such facilities are expected to be made beyond the current biennium under a capital lease, lease\/purchase, or similar arrangement. Any contract that is for two years or less, or is cancelable by the Commonwealth without cause after such a period, shall not be deemed a contract as described herein; and\n\t\t\tf. Nothing herein shall be construed to constitute a waiver for the Department or contractor from complying with the provisions of subdivision 4 of § 66-3.","order_by":null,"text":{"0":{"id":310631,"text":"The Director, subject to any applicable regulations which may be promulgated by the Board pursuant to \u00a7 66-10, is hereby authorized to enter into contracts for the financing, site selection, design, acquisition, construction, maintenance, leasing, leasing\/purchasing, management or operation of juvenile correctional facilities or any combination of those services subject to the requirements and limitations set out below.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":310632,"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 which meets all the requirements in the request for proposals. However, no contract for juvenile correctional facilities or correctional services may be entered into unless the private contractor demonstrates to the satisfaction of the Director that it has:\n\t\t\ta. The qualifications, experience and management personnel necessary to carry out the terms of this contract;\n\t\t\tb. The financial resources to provide indemnification for liability arising from the management of juvenile correctional projects;\n\t\t\tc. Evidence of past performance of similar contracts; 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 juvenile correctional standards.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":310633,"text":"Contracts awarded under the provisions of this chapter, including contracts for the provision of juvenile correctional services, the construction of juvenile correctional facilities, or for the lease, lease\/purchase or use of public or private 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":310634,"text":"Contracts awarded under the provisions of this chapter shall, at a minimum, comply with the following:\n\t\t\ta. Provide for appropriate security to protect the public, employees and committed juveniles;\n\t\t\tb. Provide juveniles with work or training opportunities while incarcerated; however, the contractor shall not benefit financially from the labor of committed juveniles;\n\t\t\tc. Impose discipline on committed juveniles only in accordance with applicable regulations; and\n\t\t\td. Provide proper food, clothing, housing and medical care for juveniles.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":310635,"text":"No contract for juvenile correctional facilities or juvenile 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 contractor or the Commonwealth of the benefits of any law limiting exposure to liability or setting a limit on damages.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":310636,"text":"No contract for juvenile correctional facilities or 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 which may be promulgated by the Board pursuant to § 66-10;\n\t\t\tb. An appropriation for the facilities or the services to be provided under the contract has been expressly approved as is otherwise provided by law;\n\t\t\tc. The juvenile correctional facilities or 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 committed juveniles;\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 facilities or the services through governmental agencies;\n\t\t\te. If a contract for acquiring facilities requires or otherwise contemplates that the Commonwealth, whether subject to appropriation or not, will make payments beyond the current biennium that are expected to pay debt service on any bonds or other obligations issued to finance such facilities, regardless of the issuer thereof, then (i) the Treasury Board shall approve the terms and structure of such bonds or other obligations and (ii) the appropriation for such facilities acknowledges that payments for the acquisition of such facilities are expected to be made beyond the current biennium under a capital lease, lease\/purchase, or similar arrangement. Any contract that is for two years or less, or is cancelable by the Commonwealth without cause after such a period, shall not be deemed a contract as described herein; and\n\t\t\tf. Nothing herein shall be construed to constitute a waiver for the Department or contractor from complying with the provisions of subdivision 4 of § 66-3.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":16009,"edition_id":1,"name":"Juvenile Corrections Private Management Act","identifier":"2.1","label":"chapter","depth":2,"order_by":1,"parent_id":14314,"metadata":{},"date_created":"2026-06-26 04:03:43","date_modified":"2026-06-26 04:03:43","permalink":{"id":276965,"object_type":"structure","relational_id":16009,"identifier":"2.1","token":"66\/2.1","url":"\/66\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14314,"edition_id":1,"name":"Juvenile Justice","identifier":"66","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:43","date_modified":"2026-06-26 03:47:43","permalink":{"id":276795,"object_type":"structure","relational_id":14314,"identifier":"66","token":"66","url":"\/66\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62593,"structure_id":16009,"section_number":"66-25.3","catch_line":"Definitions","url":"\/66-25.3\/","token":"66\/2.1\/66-25.3","metadata":false},{"id":86741,"structure_id":16009,"section_number":"66-25.4","catch_line":"State juvenile correctional facilities; private contracts","url":"\/66-25.4\/","token":"66\/2.1\/66-25.4","metadata":false},{"id":86682,"structure_id":16009,"section_number":"66-25.5","catch_line":"Powers and duties not delegable to contractor","url":"\/66-25.5\/","token":"66\/2.1\/66-25.5","metadata":false},{"id":85231,"structure_id":16009,"section_number":"66-25.6","catch_line":"Board shall promulgate regulations; local school board exemption","url":"\/66-25.6\/","token":"66\/2.1\/66-25.6","metadata":false},{"id":67752,"structure_id":16009,"section_number":"66-25.7","catch_line":"Fixed-price or not-to-exceed-price design-build-operate and related contracts authorized","url":"\/66-25.7\/","token":"66\/2.1\/66-25.7","metadata":false}],"previous_section":{"id":62593,"structure_id":16009,"section_number":"66-25.3","catch_line":"Definitions","url":"\/66-25.3\/","token":"66\/2.1\/66-25.3","metadata":false},"next_section":{"id":86682,"structure_id":16009,"section_number":"66-25.5","catch_line":"Powers and duties not delegable to contractor","url":"\/66-25.5\/","token":"66\/2.1\/66-25.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/66-25.4\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapters 795<\/a> and 942<\/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 2012, chapters 803<\/a> and 835<\/a>.<\/p>","references":false,"refers_to":[{"id":61381,"section_number":"66-10","catch_line":"Powers and duties of Board","order_by":null,"url":"\/66-10\/"},{"id":81243,"section_number":"66-3","catch_line":"Powers of the Director","order_by":null,"url":"\/66-3\/"}],"permalink":{"id":276971,"object_type":"law","relational_id":86741,"identifier":"66-25.4","token":"66\/2.1\/66-25.4","url":"\/66-25.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/66-25.4\/","token":"66\/2.1\/66-25.4","dublin_core":{"Title":"State juvenile correctional facilities; private contracts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 66-25.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Director<\/span>, subject to any applicable regulations which may be promulgated by the Board<\/span> pursuant to \u00a7 66-10<\/a>, is hereby authorized to enter into contracts<\/span> for the financing, site selection, design, acquisition, construction, maintenance, leasing, leasing\/purchasing, management or operation of juvenile correctional facilities or any combination of those services subject to the requirements and limitations set out below.<\/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 which meets all the requirements in the request for proposals. However, no contract<\/span> for juvenile correctional facilities or correctional services<\/span> may be entered into unless the private contractor<\/span> demonstrates to the satisfaction of the Director<\/span> that it has:\n\t\t\ta. The qualifications, experience and management personnel necessary to carry out the terms of this contract<\/span>;\n\t\t\tb. The financial resources to provide indemnification for liability arising from the management of juvenile correctional projects;\n\t\t\tc. Evidence<\/span> of past performance of similar contracts<\/span>; 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 juvenile 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 juvenile correctional services<\/span>, the construction of juvenile correctional facilities, or for the lease, lease\/purchase or use of public or private 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> Contracts<\/span> awarded under the provisions of this chapter shall, at a minimum, comply with the following:\n\t\t\ta. Provide for appropriate security to protect the public, employees and committed juveniles;\n\t\t\tb. Provide juveniles with work or training opportunities while incarcerated; however, the contractor<\/span> shall not benefit financially from the labor of committed juveniles;\n\t\t\tc. Impose discipline on committed juveniles only in accordance with applicable regulations; and\n\t\t\td. Provide proper food, clothing, housing and medical care for juveniles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No contract<\/span> for juvenile correctional facilities or juvenile correctional services<\/span> shall be entered into unless the following requirements are met:\n\t\t\ta. The contractor<\/span> provides audited financial statements for the previous five years or for each of the years the contractor<\/span> has been in operation, if fewer than five years, and provides other financial information as requested; and\n\t\t\tb. The contractor<\/span> 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 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

5.<\/span> No contract<\/span> for juvenile correctional facilities or 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 which may be promulgated by the Board<\/span> pursuant to § 66-10<\/a>;\n\t\t\tb. An appropriation for the facilities or 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 juvenile correctional facilities or 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 committed juveniles;\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 facilities or the services through governmental agencies;\n\t\t\te. If a contract<\/span> for acquiring facilities requires or otherwise contemplates that the Commonwealth, whether subject to appropriation or not, will make payments beyond the current biennium that are expected to pay debt service on any bonds<\/span> or other obligations issued to finance such facilities, regardless of the issuer thereof, then (i) the Treasury Board<\/span> shall approve the terms and structure of such bonds<\/span> or other obligations and (ii) the appropriation for such facilities acknowledges that payments for the acquisition of such facilities are expected to be made beyond the current biennium under a capital lease, lease\/purchase, or similar arrangement. Any contract<\/span> that is for two years or less, or is cancelable by the Commonwealth without cause after such a period, shall not be deemed a contract<\/span> as described herein; and\n\t\t\tf. Nothing herein shall be construed to constitute a waiver<\/span> for the Department<\/span> or contractor<\/span> from complying with the provisions of subdivision 4 of § 66-3<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE JUVENILE CORRECTIONAL FACILITIES; PRIVATE CONTRACTS (\u00a7 66-25.4)\n\nThe Director, subject to any applicable regulations which may be promulgated by\nthe Board pursuant to \u00a7 66-10, is hereby authorized to enter into contracts for\nthe financing, site selection, design, acquisition, construction, maintenance,\nleasing, leasing\/purchasing, management or operation of juvenile correctional\nfacilities or any combination of those services subject to the requirements and\nlimitations set out below.\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 which meets all the requirements in the request\nfor proposals. However, no contract for juvenile correctional facilities or\ncorrectional services may be entered into unless the private contractor\ndemonstrates to the satisfaction of the Director that it has:\n\t\t\ta. The qualifications, experience and management personnel necessary to carry\nout the terms of this contract;\n\t\t\tb. The financial resources to provide indemnification for liability arising\nfrom the management of juvenile correctional projects;\n\t\t\tc. Evidence of past performance of similar contracts; 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 juvenile\ncorrectional standards.\n\n2. Contracts awarded under the provisions of this chapter, including contracts\nfor the provision of juvenile correctional services, the construction of\njuvenile correctional facilities, or for the lease, lease\/purchase or use of\npublic or private lands or buildings for use in the operation of facilities, may\nbe entered into for a period of up to 30 years, subject to the requirements for\nannual appropriation of funds by the Commonwealth.\n\n3. Contracts awarded under the provisions of this chapter shall, at a minimum,\ncomply with the following:\n\t\t\ta. Provide for appropriate security to protect the public, employees and\ncommitted juveniles;\n\t\t\tb. Provide juveniles with work or training opportunities while incarcerated;\nhowever, the contractor shall not benefit financially from the labor of\ncommitted juveniles;\n\t\t\tc. Impose discipline on committed juveniles only in accordance with\napplicable regulations; and\n\t\t\td. Provide proper food, clothing, housing and medical care for juveniles.\n\n4. No contract for juvenile correctional facilities or juvenile correctional\nservices shall be entered into unless the following 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 contractor or the Commonwealth of the benefits of any law limiting\nexposure to liability or setting a limit on damages.\n\n5. No contract for juvenile correctional facilities or correctional services\nshall be executed by the Director nor shall any funds be expended for the\ncontract unless:\n\t\t\ta. The proposed contract complies with any applicable regulations which may\nbe promulgated by the Board pursuant to § 66-10;\n\t\t\tb. An appropriation for the facilities or the services to be provided under\nthe contract has been expressly approved as is otherwise provided by law;\n\t\t\tc. The juvenile correctional facilities or the correctional services proposed\nby the contract are of at least the same quality as those routinely provided by\nthe Department to similar types of committed juveniles;\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 facilities or\nthe services through governmental agencies;\n\t\t\te. If a contract for acquiring facilities requires or otherwise contemplates\nthat the Commonwealth, whether subject to appropriation or not, will make\npayments beyond the current biennium that are expected to pay debt service on\nany bonds or other obligations issued to finance such facilities, regardless of\nthe issuer thereof, then (i) the Treasury Board shall approve the terms and\nstructure of such bonds or other obligations and (ii) the appropriation for such\nfacilities acknowledges that payments for the acquisition of such facilities are\nexpected to be made beyond the current biennium under a capital lease,\nlease\/purchase, or similar arrangement. Any contract that is for two years or\nless, or is cancelable by the Commonwealth without cause after such a period,\nshall not be deemed a contract as described herein; and\n\t\t\tf. Nothing herein shall be construed to constitute a waiver for the\nDepartment or contractor from complying with the provisions of subdivision 4 of\n§ 66-3.\n\nHISTORY: 1996, cc. 795, 942; 2012, cc. 803, 835.","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}}