                                 CODE OF VIRGINIA

STATE BOARD TO PROMULGATE REGULATIONS (§ 16.1-322.7)

The State Board shall make, adopt, and promulgate regulations governing the
following aspects of private management and operation of local or regional
detention homes or other secure facilities:

1. The schedule for state reimbursement to the cities or counties or any
combination thereof, as the case may be, for costs of construction;

2. The manner of state payment to the localities for the care and custody costs
at the facility of children for whom the Commonwealth is required to provide
funds. However, in no event shall the payment to the localities, when calculated
on a per diem per child basis, exceed the total cost ordinarily paid by the
Commonwealth to the locality for the care and custody expenses of such children,
when calculated on a per diem per child basis;

3. Minimum standards for the construction, equipment, administration, and
operation of the facilities; however, the standards must be at least as
stringent as those established for other local or regional detention homes or
other secure facilities;

4. Contingency plans for operation of a contractor-operated facility in the
event of a termination of the contract;

5. The powers and duties of contractors&#8217; personnel charged with the care
and custody of detainees, including use of force and discipline;

6. Methods of monitoring a contractor-operated facility by an appropriate state
or local governmental entity or entities;

7. Public access to a contractor-operated facility; and

8. Such other regulations as may be necessary to carry out the provisions of
this article.

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