                                 CODE OF VIRGINIA

MINIMUM STANDARDS FOR LOCAL CORRECTIONAL FACILITIES AND LOCK-UPS; HEALTH
INSPECTIONS, BEHAVIORAL HEALTH SERVICES INSPECTIONS, AND PERSONNEL (§ 53.1-68)

A. The Board shall establish minimum standards for the construction, equipment,
administration, and operation of local correctional facilities, whether
heretofore or hereafter established. However, no minimum standard shall be
established that includes square footage requirements in excess of accepted
national standards. The Board or its agents shall conduct at least one
unannounced inspection of each local facility annually. However, in those years
in which a certification audit of a facility is performed and the facility is in
compliance with all the standards, the Board may elect to suspend the
unannounced inspection based upon that certification audit and the history of
compliance of the facility with the standards promulgated in accordance with
this section, except in any year in which there is a change in the
administration of a local or regional jail. The Board shall also establish
minimum standards for the construction, equipment, and operation of lock-ups,
whether heretofore or hereafter established. However, no minimum standard shall
be established that includes square footage requirements in excess of accepted
national standards.

B. Standards concerning sanitation in local correctional facilities and
procedures for enforcing these standards shall be promulgated by the Board with
the advice and guidance of the State Health Commissioner. The Board, in
conjunction with the Board of Health, shall establish a procedure for the
conduct of at least one unannounced annual health inspection by the State Health
Commissioner or his agents of each local correctional facility. The Board and
the State Health Commissioner may authorize such other announced or unannounced
inspections as they consider appropriate.

C. The Board shall establish minimum standards for behavioral health services in
local correctional facilities and procedures for enforcing such minimum
standards, with the advice of and guidance from the Commissioner of Behavioral
Health and Developmental Services and the State Inspector General.
			Such standards shall include:

   1. Requirements for behavioral health services provided in jails, including
   requirements for (i) behavioral health screening of individuals committed to
   local correctional facilities; (ii) referral of individuals committed to local
   correctional facilities for whom a behavioral health screening indicates
   reason to believe the person may have mental illness to a behavioral health
   service provider for a behavioral health assessment; and (iii) the provision
   of behavioral health services in local correctional facilities, as well as
   regulations directing the sharing of medical and mental health information and
   records in accordance with &#xA7; 53.1-133.03. Requirements related to
   behavioral health screenings and assessments shall include a requirement that
   in cases in which there is reason to believe an individual is experiencing
   acute mental health distress or is at risk for suicide, (a) staff of the local
   correctional facility shall consult with the behavioral health service
   provider to implement immediate interventions and shall provide ongoing
   monitoring to ensure the safety of the individual and (b) the behavioral
   health assessment shall be completed within 72 hours of completion of the
   behavioral health screening, except that if the 72-hour period ends on a day
   that is a Saturday, Sunday, or legal holiday, the assessment shall be
   completed by the close of business on the next day that is not a Saturday,
   Sunday, or legal holiday;

   2. Requirements for discharge planning for individuals with serious mental
   illness assessed as requiring behavioral health services upon release from the
   local correctional facility, which shall include (i) creation of a discharge
   plan, as soon as practicable after completion of the assessment required
   pursuant to subdivision 1, and (ii) coordination of services and care with
   community providers, community supervision agencies, and, as appropriate, the
   individual&#8217;s family in accordance with the discharge plan until such
   time as the individual has begun to receive services in accordance with the
   discharge plan or for a period of 30 days following release from the local
   correctional facility, whichever occurs sooner. Discharge plans shall ensure
   access to the full continuum of care for the individual upon release from the
   local correctional facility and shall include provisions for (a) linking the
   individual for whom the discharge plan has been prepared to the community
   services board in the jurisdiction in which he will reside following release
   and to other supports and services necessary to meet his service needs and (b)
   communication of information regarding the individual&#8217;s treatment needs
   and exchange of treatment records among service providers;

   3. A requirement for at least one unannounced annual inspection of each local
   correctional facility by the Board or its agents to determine compliance with
   the standards for behavioral health services established pursuant to this
   subsection and such other announced or unannounced inspections as the Board
   may deem necessary to ensure compliance with the standards for behavioral
   health services established pursuant to this subsection; and

   4. Provisions for the billing of the sheriff in charge of a local correctional
   facility or superintendent of a regional correctional facility by and payment
   by such sheriff or superintendent to a community services board that provides
   behavioral health services in the local correctional facility, in accordance
   with &#xA7; 53.1-126.

D. The Department of Criminal Justice Services, in accordance with &#xA7;
9.1-102, shall establish minimum training standards for persons designated to
provide courthouse and courtroom security pursuant to the provisions of &#xA7;
53.1-120 and for persons employed as jail officers or custodial officers under
the provisions of this title. The sheriff shall establish minimum performance
standards and management practices to govern the employees for whom the sheriff
is responsible.

E. The superintendent of a regional jail or jail farm shall establish minimum
performance standards and management practices to govern the employees for whom
the superintendent is responsible.

HISTORY: Code 1950, § 53-133; 1982, c. 636; 1991, c. 383; 1992, c. 179; 1994,
c. 861; 1995, c. 797; 1997, c. 644; 2000, c. 256; 2019, c. 827; 2021, Sp. Sess.
I, c. 179.