                                 CODE OF VIRGINIA

CLASSIFICATION SYSTEM; PROGRAM ASSIGNMENTS; MANDATORY PARTICIPATION (§
53.1-32.1)

A. The Director shall maintain a system of classification which (i) evaluates
all prisoners according to background, aptitude, education, and risk and (ii)
based on an assessment of needs, determines appropriate program assignments
including career and technical education, work activities and employment,
academic activities which at a minimum meet the requirements of &#xA7; 66-13.1,
counseling, alcohol and substance abuse treatment, and such related activities
as may be necessary to assist prisoners in the successful transition to free
society and gainful employment.

B. The Director shall, subject to the availability of resources and sufficient
program assignments, place prisoners in appropriate full-time program
assignments or a combination thereof to satisfy the objectives of a treatment
plan based on an assessment and evaluation of each prisoner&#8217;s needs.
Compliance with specified program requirements and attainment of specific
treatment goals shall be required as a condition of placement and continuation
in such program assignments. The Director may suspend programs in the event of
an institutional emergency.

C. For the purposes of implementing the requirements of subsection B, prisoners
shall be required to participate in such programs according to the following
schedule:

   1. From July 1, 1994, through June 30, 1995, an average of 24 hours per week.

   2. From July 1, 1995, through June 30, 1996, an average of 28 hours per week.

   3. From July 1, 1996, through June 30, 1997, an average of 30 hours per week.

   4. From July 1, 1997, through June 30, 1998, an average of 36 hours per week.

   5. From July 1, 1998, and thereafter, an average of 40 hours per week.

D. Notwithstanding any other provision of law, prisoners refusing to accept a
program assignment shall not be eligible for good conduct allowances or earned
sentence credits authorized pursuant to Chapter 6 (&#xA7; 53.1-186 et seq.) of
Title 53.1. Such refusal shall also constitute a violation of the rules
authorized pursuant to &#xA7; 53.1-25 and the Director shall prescribe
appropriate disciplinary action.

E. The Director shall maintain a master program listing, by facility and program
location, of all available permanent and temporary positions. The Director may,
consistent with &#xA7; 53.1-43, establish a system of pay incentives for such
assignments based upon difficulty and level of effort required.

F. Inmates employed pursuant to Article 2 (&#xA7; 53.1-32 et seq.) of Chapter 2
of this title shall not be deemed employees of the Commonwealth of Virginia or
its agencies and shall be ineligible for benefits under Chapter 29 (&#xA7;
2.2-2900 et seq.) of Title 2.2, Chapter 6 (&#xA7; 60.2-600 et seq.) of Title
60.2, Chapter 5 (&#xA7; 65.2-500 et seq.) of Title 65.2 or any other provisions
of the Code pertaining to the rights of state employees.

HISTORY: 1993, c. 768; 1994, 2nd Sp. Sess., cc. 1, 2; 2001, c. 483; 2012, cc.
803, 835; 2020, c. 759.