53.1-81 - Construction and operation of regional jail facilities; state reimbursement; agreements with Department.
§ 53.1-81. Construction and operation of regional jail facilities; statereimbursement; agreements with Department.
A. Three or more cities or counties, or any combination thereof, areauthorized, pursuant to approval of the Board, to construct, enlarge orrenovate a regional jail facility or to enlarge or renovate an existing jailfor the purpose of establishing a regional jail facility. In addition, (i)any regional jail facilities established by three or more cities, counties ortowns, or any combination thereof, on or before January 31, 1993, (ii) anyexisting regional jail facilities established by only two cities, counties ortowns on or before June 30, 1982, and (iii) any regional jail facilitiesestablished by only two contiguous counties whose boundaries are notcontiguous by land with the boundaries of any other county in theCommonwealth, may participate under the provisions of this section. On andafter December 1, 1989, subject to the provisions of § 53.1-82.2, theCommonwealth shall reimburse each such locality its pro rata share up toone-half of the capital costs, as defined in § 53.1-82.2, of suchconstruction, enlargement or renovation in accordance with the provisions ofthis section. However, regional jails created by any combination of three ormore cities or counties on or after February 1, 1993, shall not be eligiblefor such reimbursement unless at least three of the participating localitiesof such combination were each operating a jail on February 1, 1993. The Boardshall promulgate regulations, to include criteria which may be used to assessneed and establish priorities, to serve as guidelines in evaluating requestsfor such reimbursement and to ensure the fair and equitable distribution ofstate funds provided for such purpose. The Department shall apply suchregulations in preparing requests for appropriations. No such reimbursementshall be had unless the plans and specifications, including the need foradditional personnel, thereof have been submitted to the Governor and thejail project has been approved by him. The Governor shall base his approvalin part on the expected operating cost-efficiency of the interior design ofthe facility. Such reimbursement shall be paid subject to the provisions of §53.1-82.2.
Such counties, cities, towns, or combination thereof may enter intoagreements with the Department of Corrections for the Department to operatesuch jail or to pay the costs of maintenance, upkeep and other operationalcosts of the jail. Each city, county or town shall, however, bear the expenseof local prisoners from such city, county or town. In such case, theDepartment shall receive such costs from the funds appropriated in thegeneral appropriation act for criminal costs. The method of operation by theDepartment shall be in the manner it prescribes, notwithstanding any otherprovision of law designating sheriffs as the keepers of jails.
In lieu of an agreement by the localities with the Board for construction oroperation of jail facilities, the Board may agree to sell land owned by theCommonwealth to the localities. The Governor is hereby authorized, at hisdiscretion and upon the advice of the Board, to execute a conveyance of suchland in a form approved by the Attorney General.
B. In the event that a county, city or town requests and receives financialassistance for capital costs of such jail project from the Department ofCriminal Justice Services or from other public fund sources outside of theprovisions of this section, the total financial assistance and reimbursementshall not exceed the total cost of the project.
(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.)