                                 CODE OF VIRGINIA

PRIVATE CONSTRUCTION, MAINTENANCE, ETC., OF REGIONAL JAIL FACILITY (§
53.1-71.1)

A. Any regional jail authority constituted pursuant to Article 3.1 (&#xA7;
53.1-95.2 et seq.) or 5 (&#xA7; 53.1-105 et seq.) of Chapter 3 of Title 53.1 may
contract with a private entity for the financing, site selection, acquisition,
construction, maintenance, or leasing of a regional jail facility.

B. Any project authorized pursuant to subsection A shall be subject to the
requirements and limitations set out below:

   1. Contracts entered into under the terms of this article shall be with an
   entity submitting an acceptable response pursuant to a request for proposals.
   An acceptable response shall be one that meets all the requirements in the
   request for proposals. However, no contract for correctional services may be
   entered into unless the private contractor demonstrates that it has:
   				a. The qualifications and experience necessary to carry out the terms of
   this contract;
   				b. The financial resources to provide indemnification for liability
   arising from jail projects;
   				c. Evidence of past performance of similar contracts; and
   				d. The ability to comply with all applicable federal and state
   constitutional standards; federal, state, and local laws; court orders; and
   correctional standards.

   2. Contracts awarded under the provisions of this article, including contracts
   for the provision of correctional services or for the lease or use of public
   lands or buildings for use in the operation of facilities, may be entered into
   for a period of up to 30 years, subject to the requirements for expenditure of
   funds by the local governing bodies.

   3. No contract for correctional services shall be entered into which would
   adversely affect the tax-exempt status of obligations issued or to be issued
   to finance the facility, and unless the following requirements are met:
   				a. The contractor provides audited financial statements for the previous
   five years or for each of the years the contractor has been in operation, if
   fewer than five years, and provides other financial information as requested;
   and
   				b. The contractor provides an adequate plan of indemnification,
   specifically including indemnity for civil rights claims. The indemnification
   plan shall be adequate to protect the combination of counties or cities and
   public officials from all claims and losses incurred as a result of the
   contract. The indemnification plan shall include liability insurance in limits
   of not less than $5 million. Nothing herein is intended to deprive a regional
   jail facility contractor or the combination of counties or cities of the
   benefits of any law limiting exposure to liability or setting a limit on
   damages.

   4. No contract for correctional services shall be executed unless:
   				a. The proposed contract has been reviewed and approved by the Board;
   				b. An appropriation for the services to be provided under the contract has
   been expressly approved as is otherwise provided by law;
   				c. The correctional services proposed by the contract are of at least the
   same quality as those routinely provided by a regional jail facility to
   similar types of inmates; and
   				d. An evaluation of the proposed contract demonstrates a cost benefit to
   the combination of counties or cities when compared to alternative means of
   providing the services through governmental agencies.

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