53.1-262 - State correctional facilities; private contracts.
§ 53.1-262. State correctional facilities; private contracts.
The Director, subject to any applicable regulations which may be promulgatedby the Board pursuant to § 53.1-266 and subject to the provisions of theVirginia Public Procurement Act (§ 2.2-4300 et seq.), is hereby authorized toenter into contracts with prison contractors for the financing, siteselection, acquisition, construction, maintenance, leasing, management oroperation of prison facilities, or any combination of those services, subjectto the requirements and limitations set out below.
1. Contracts entered into under the terms of this chapter shall be with anentity submitting an acceptable response pursuant to a request for proposals.An acceptable response shall be one which meets all the requirements in therequest for proposals. However, no contract for correctional services may beentered into unless the private contractor demonstrates that it has:
a. The qualifications, experience and management personnel necessary to carryout the terms of this contract;
b. The financial resources to provide indemnification for liability arisingfrom prison management projects;
c. Evidence of past performance of similar contracts which shall include theexperience of persons in management with such entity and may include theexperience of the parent of such entity; and
d. The ability to comply with all applicable federal and state constitutionalstandards; federal, state, and local laws; court orders; and correctionalstandards.
2. Contracts awarded under the provisions of this chapter, includingcontracts for the provision of correctional services or for the lease or useof public lands or buildings for use in the operation of facilities, may beentered into for a period of up to thirty years, subject to the requirementsfor annual appropriation of funds by the Commonwealth.
3. Contracts awarded under the provisions of this chapter shall, at aminimum, comply with the following:
a. Provide for internal and perimeter security to protect the public,employees and inmates;
b. Provide inmates with work or training opportunities while incarcerated;however, the contractor shall not benefit financially from the labor ofinmates;
c. Impose discipline on inmates only in accordance with applicableregulations; and
d. Provide proper food, clothing, housing and medical care for inmates.
4. No contract for correctional services shall be entered into unless thefollowing requirements are met:
a. The contractor provides audited financial statements for the previous fiveyears or for each of the years the contractor has been in operation, if fewerthan five years, and provides other financial information as requested; and
b. The contractor provides an adequate plan of indemnification, specificallyincluding indemnity for civil rights claims. The indemnification plan shallbe adequate to protect the Commonwealth and public officials from all claimsand losses incurred as a result of the contract. Nothing herein is intendedto deprive a prison contractor or the Commonwealth of the benefits of any lawlimiting exposure to liability or setting a limit on damages.
5. No contract for correctional services shall be executed by the Directornor shall any funds be expended for the contract unless:
a. The proposed contract complies with any applicable regulations which maybe promulgated by the Board pursuant to § 53.1-266;
b. An appropriation for the services to be provided under the contract hasbeen expressly approved as is otherwise provided by law;
c. The correctional services proposed by the contract are of at least thesame quality as those routinely provided by the Department to similar typesof inmates; and
d. An evaluation of the proposed contract demonstrates a cost benefit to theCommonwealth when compared to alternative means of providing the servicesthrough governmental agencies.
6. A site proposed by a contractor for the construction of a prison facilityshall not be subject to the approval procedure set forth in § 53.1-19.However, no contract for the construction and operation of a privatecorrectional facility shall be entered into nor shall any funds be expendedfor the contract unless the local governing body, by duly adopted resolution,consents to the siting and construction of such facility within theboundaries of the locality.
(1991, c. 705; 1992, c. 654; 1995, c. 694; 1998, c. 818.)