                                 CODE OF VIRGINIA

CONSTRUCTION AND OPERATION OF REGIONAL JAIL FACILITIES; STATE REIMBURSEMENT;
AGREEMENTS WITH DEPARTMENT (§ 53.1-81)

A. Three or more cities or counties, or any combination thereof, are authorized,
pursuant to approval of the Board, to construct, enlarge or renovate a regional
jail facility or to enlarge or renovate an existing jail for the purpose of
establishing a regional jail facility. In addition, (i) any regional jail
facilities established by three or more cities, counties or towns, or any
combination thereof, on or before January 31, 1993, (ii) any existing regional
jail facilities established by only two cities, counties or towns on or before
June 30, 1982, and (iii) any regional jail facilities established by only two
contiguous counties whose boundaries are not contiguous by land with the
boundaries of any other county in the Commonwealth, may participate under the
provisions of this section. On and after December 1, 1989, subject to the
provisions of &#xA7; 53.1-82.2, the Commonwealth shall reimburse each such
locality its pro rata share up to one-half of the capital costs, as defined in
&#xA7; 53.1-82.2, of such construction, enlargement or renovation in accordance
with the provisions of this section if the project was approved by the Governor
prior to July 1, 2015, or the project is an enlargement or renovation of a
regional jail facility created prior to July 1, 2015, and shall reimburse each
such locality its pro rata share up to one-fourth of such capital costs if such
project is approved by the Governor on or after July 1, 2015, and has been
specifically authorized in the general appropriation act. On or after July 1,
2017, subject to the provisions of &#xA7; 53.1-82.2, the Commonwealth shall
reimburse each such locality its pro rata share up to one-fourth of the capital
costs, as defined in &#xA7; 53.1-82.2, for any construction, enlargement or
renovation project in accordance with the provisions of this section if such
project is approved by the Governor on or after July 1, 2017, and has been
specifically authorized in the general appropriation act. However, regional
jails created by any combination of three or more cities or counties on or after
February 1, 1993, shall not be eligible for such reimbursement unless at least
three of the participating localities of such combination were each operating a
jail on February 1, 1993. The Board shall promulgate regulations, to include
criteria which may be used to assess need and establish priorities, to serve as
guidelines in evaluating requests for such reimbursement and to ensure the fair
and equitable distribution of state funds provided for such purpose. The
Department shall apply such regulations in preparing requests for
appropriations. No such reimbursement shall be had unless the plans and
specifications, including the need for additional personnel, thereof have been
submitted to the Governor and the jail project has been approved by him. The
Governor shall base his approval in part on the expected operating
cost-efficiency of the interior design of the facility. Such reimbursement shall
be paid subject to the provisions of &#xA7; 53.1-82.2.
			Such counties, cities, towns, or combination thereof may enter into
agreements with the Department of Corrections for the Department to operate such
jail or to pay the costs of maintenance, upkeep and other operational costs of
the jail. Each city, county or town shall, however, bear the expense of local
prisoners from such city, county or town. In such case, the Department shall
receive such costs from the funds appropriated in the general appropriation act
for criminal costs. The method of operation by the Department shall be in the
manner it prescribes, notwithstanding any other provision of law designating
sheriffs as the keepers of jails.
			In lieu of an agreement by the localities with the Board for construction or
operation of jail facilities, the Board may agree to sell land owned by the
Commonwealth to the localities. The Governor is hereby authorized, at his
discretion and upon the advice of the Board, to execute a conveyance of such
land in a form approved by the Attorney General.

B. In the event that a county, city or town requests and receives financial
assistance for capital costs of such jail project from the Department of
Criminal Justice Services or from other public fund sources outside of the
provisions of this section, the total financial assistance and reimbursement
shall not exceed the total cost of the project.

HISTORY: Code 1950, § 53-133.2; 1970, c. 419; 1972, c. 573; 1974, cc. 44, 45;
1981, c. 380; 1982, c. 636; 1983, c. 358; 1989, c. 423; 1993, cc. 387, 787;
1995, c. 305; 2015, c. 749; 2017, c. 211.