                                 CODE OF VIRGINIA

REGIONAL CONTRACTS FOR COOPERATIVE JAILING OF OFFENDERS; STATE REIMBURSEMENT (§
53.1-82)

A. Three or more counties or cities, or any combination thereof, are authorized
to contract for services for the detention and confinement of categories of
offenders in single or regional jail facilities operated by the contracting
jurisdictions. In addition, (i) any three or more counties, cities or towns, or
any combination thereof, operating a jail facility pursuant to an agreement for
cooperative jailing established 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. The Board shall promulgate regulations
specifying the categories of offenders which may be served pursuant to the
contracts provided for herein.
			The governing bodies of localities participating in an agreement for
cooperative jailing shall create a board to advise the locality in which the
jail facility is located on matters affecting operation of the facility. Each
participating locality shall have at least one representative on the board. The
sheriff and any member of the local governing body of each participating
locality shall be eligible for appointment to the board; however, when a
participating locality appoints more than one representative, the sheriff shall
be appointed unless the sheriff is the administrator or superintendent of the
jail facility operated pursuant to the agreement for cooperative jailing. A
sheriff serving as such administrator or superintendent shall be an ex officio
member of the board.
			When such contracts are approved by the Board and, for the implementation of
the contract, require the construction, enlargement, or renovation of a regional
jail facility or the enlargement or renovation of an existing jail, 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 jail
project in accordance with the provisions of this section and &#xA7; 53.1-82.2
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. Any agreement for cooperative jailing entered into on or
after July 1, 1991, which requires the construction, enlargement, or renovation
of a single or regional jail facility shall require such counties, cities and
towns to participate in the costs of the facility for a minimum period of thirty
years.
			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.

B. In the event that a county, city or town requests and receives financial
assistance for capital costs of a 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.
			In addition, no such reimbursement shall be had by localities entering into a
contract pursuant to this section on or after February 1, 1993, unless at least
three of the participating localities were each operating a jail on February 1,
1993.

HISTORY: Code 1950, § 53-133.3; 1981, c. 380; 1982, c. 636; 1983, c. 358; 1989,
c. 423; 1991, c. 453; 1993, cc. 387, 787; 1995, c. 305; 2015, c. 749; 2017, c.
211.