                                 CODE OF VIRGINIA

STATE JUVENILE CORRECTIONAL FACILITIES; PRIVATE CONTRACTS (§ 66-25.4)

The Director, subject to any applicable regulations which may be promulgated by
the Board pursuant to § 66-10, is hereby authorized to enter into contracts for
the financing, site selection, design, acquisition, construction, maintenance,
leasing, leasing/purchasing, management or operation of juvenile correctional
facilities or any combination of those services subject to the requirements and
limitations set out below.

1. Contracts entered into under the terms of this chapter shall be with an
entity submitting an acceptable response pursuant to a request for proposals. An
acceptable response shall be one which meets all the requirements in the request
for proposals. However, no contract for juvenile correctional facilities or
correctional services may be entered into unless the private contractor
demonstrates to the satisfaction of the Director that it has:
			a. The qualifications, experience and management personnel necessary to carry
out the terms of this contract;
			b. The financial resources to provide indemnification for liability arising
from the management of juvenile correctional 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 juvenile
correctional standards.

2. Contracts awarded under the provisions of this chapter, including contracts
for the provision of juvenile correctional services, the construction of
juvenile correctional facilities, or for the lease, lease/purchase or use of
public or private 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
annual appropriation of funds by the Commonwealth.

3. Contracts awarded under the provisions of this chapter shall, at a minimum,
comply with the following:
			a. Provide for appropriate security to protect the public, employees and
committed juveniles;
			b. Provide juveniles with work or training opportunities while incarcerated;
however, the contractor shall not benefit financially from the labor of
committed juveniles;
			c. Impose discipline on committed juveniles only in accordance with
applicable regulations; and
			d. Provide proper food, clothing, housing and medical care for juveniles.

4. No contract for juvenile correctional facilities or juvenile correctional
services shall be entered into 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 Commonwealth and public officials from all claims and
losses incurred as a result of the contract. Nothing herein is intended to
deprive a contractor or the Commonwealth of the benefits of any law limiting
exposure to liability or setting a limit on damages.

5. No contract for juvenile correctional facilities or correctional services
shall be executed by the Director nor shall any funds be expended for the
contract unless:
			a. The proposed contract complies with any applicable regulations which may
be promulgated by the Board pursuant to &#xA7; 66-10;
			b. An appropriation for the facilities or the services to be provided under
the contract has been expressly approved as is otherwise provided by law;
			c. The juvenile correctional facilities or the correctional services proposed
by the contract are of at least the same quality as those routinely provided by
the Department to similar types of committed juveniles;
			d. An evaluation of the proposed contract demonstrates a cost benefit to the
Commonwealth when compared to alternative means of providing the facilities or
the services through governmental agencies;
			e. If a contract for acquiring facilities requires or otherwise contemplates
that the Commonwealth, whether subject to appropriation or not, will make
payments beyond the current biennium that are expected to pay debt service on
any bonds or other obligations issued to finance such facilities, regardless of
the issuer thereof, then (i) the Treasury Board shall approve the terms and
structure of such bonds or other obligations and (ii) the appropriation for such
facilities acknowledges that payments for the acquisition of such facilities are
expected to be made beyond the current biennium under a capital lease,
lease/purchase, or similar arrangement. Any contract that is for two years or
less, or is cancelable by the Commonwealth without cause after such a period,
shall not be deemed a contract as described herein; and
			f. Nothing herein shall be construed to constitute a waiver for the
Department or contractor from complying with the provisions of subdivision 4 of
&#xA7; 66-3.

HISTORY: 1996, cc. 795, 942; 2012, cc. 803, 835.