                                 CODE OF VIRGINIA

POWERS AND DUTIES NOT DELEGABLE TO CONTRACTOR (§ 16.1-322.6)

No contract for juvenile correctional facilities or programs shall authorize,
allow, or imply a delegation of authority or responsibility to a juvenile
correctional facilities or programs contractor for any of the following:

1. Developing and implementing procedures for calculating a detainee&#8217;s
release date;

2. Classifying detainees or placing detainees in less restrictive custody or
more restrictive custody;

3. Transferring a detainee; however, the contractor may make written
recommendations regarding the transfer of a detainee or detainees;

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

5. Disciplining detainees in any manner which requires a discretionary
application of rules of detainee behavior or a discretionary imposition of a
sanction for violations of such rules.

HISTORY: 1991, c. 258; 1992, c. 652.