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VIRGINIA STATUTES AND CODES

16.1-322.7 - State Board to promulgate regulations.

§ 16.1-322.7. State Board to promulgate regulations.

The State Board shall make, adopt, and promulgate regulations governing thefollowing aspects of private management and operation of local or regionaldetention homes or other secure facilities:

1. The schedule for state reimbursement to the cities or counties or anycombination thereof, as the case may be, for costs of construction;

2. The manner of state payment to the localities for the care and custodycosts at the facility of children for whom the Commonwealth is required toprovide funds. However, in no event shall the payment to the localities,when calculated on a per diem per child basis, exceed the total costordinarily paid by the Commonwealth to the locality for the care and custodyexpenses of such children, when calculated on a per diem per child basis;

3. Minimum standards for the construction, equipment, administration, andoperation of the facilities; however, the standards must be at least asstringent as those established for other local or regional detention homes orother secure facilities;

4. Contingency plans for operation of a contractor-operated facility in theevent of a termination of the contract;

5. The powers and duties of contractors' personnel charged with the care andcustody of detainees, including use of force and discipline;

6. Methods of monitoring a contractor-operated facility by an appropriatestate or local governmental entity or entities;

7. Public access to a contractor-operated facility; and

8. Such other regulations as may be necessary to carry out the provisions ofthis article.

(1991, c. 258; 1992, c. 652.)

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