                                 CODE OF VIRGINIA

POWERS AND DUTIES NOT DELEGABLE TO CONTRACTOR (§ 53.1-265)

No contract for correctional services shall authorize, allow, or imply a
delegation of authority or responsibility of the Director to a prison contractor
for any of the following:

1. Developing and implementing procedures for calculating inmate release and
parole eligibility 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 that 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 to the Director for
his review and adoption, rejection, or modification as otherwise provided by law
or regulation;

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

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

HISTORY: 1991, c. 705; 1992, c. 654; 1995, c. 694; 2025, c. 337.