53.1-71.4 - Powers and duties not delegable to contractor. - Virginia Statutes

§ 53.1-71.4. Powers and duties not delegable to contractor.

The regional jail authority issuing the contract shall retain the authorityand responsibility for the rules and procedures as they apply to thetreatment of prisoners, and no contract for correctional services shallauthorize, allow, or imply a delegation of authority or responsibility to aregional jail facility contractor for any of the following:

1. Developing and implementing procedures for calculating inmate releasedates;

2. Developing and implementing procedures for calculating and awardingsentence credits;

3. Approving inmates for furlough and work release;

4. Approving the type of work inmates may perform and the wages or sentencecredits which may be given the inmates engaging in such work;

5. Granting, denying, or revoking sentence credits;

6. Classifying inmates or placing inmates in less restrictive custody or morerestrictive custody;

7. Transferring an inmate; however, the contractor may make writtenrecommendations regarding the transfer of an inmate or inmates;

8. Formulating rules of inmate behavior, violations of which may subjectinmates to sanctions; however, the contractor may propose such rules forreview and adoption, rejection, or modification as otherwise provided by lawor regulation; and

9. Disciplining inmates in any manner which requires a discretionaryapplication of rules of inmate behavior or a discretionary imposition of asanction for violations of such rules.

(1994, c. 715.)