                                 CODE OF VIRGINIA

POWERS AND DUTIES NOT DELEGABLE TO CONTRACTOR (§ 53.1-71.4)

The regional jail authority issuing the contract shall retain the authority and
responsibility for the rules and procedures as they apply to the treatment of
prisoners, and no contract for correctional services shall authorize, allow, or
imply a delegation of authority or responsibility to a regional jail facility
contractor for any of the following:

1. Developing and implementing procedures for calculating inmate release dates;

2. Developing and implementing procedures for calculating and awarding sentence
credits;

3. Approving inmates for furlough and work release;

4. Approving the type of work inmates may perform and the wages or sentence
credits which may be given the inmates engaging in such work;

5. Granting, denying, or revoking sentence credits;

6. Classifying inmates or placing inmates in less restrictive custody or more
restrictive custody;

7. Transferring an inmate; however, the contractor may make written
recommendations regarding the transfer of an inmate or inmates;

8. Formulating rules of inmate behavior, violations of which may subject inmates
to sanctions; however, the contractor may propose such rules for review and
adoption, rejection, or modification as otherwise provided by law or regulation;

9. Disciplining inmates in any manner which requires a discretionary application
of rules of inmate behavior or a discretionary imposition of a sanction for
violations of such rules; or

10. Operating a regional jail facility, including management, custody of
inmates, or provision of security; however, the contractor may operate a
regional jail facility, including management, custody of inmates, or provision
of security, upon approval by the General Assembly.

HISTORY: 1994, c. 715; 2025, c. 337.