Virginia Code 53.1-265: Powers and duties not delegable to contractor
No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility of the Director to a prison contractor for any of the following:
Terms Used In Virginia Code 53.1-265
- Contract: A legal written agreement that becomes binding when signed.
- contractor: means any entity, including a local government, entering into or offering or proposing to enter into a contractual agreement to provide any correctional services to inmates under the custody of the Commonwealth or federal inmates under the custody of the prison contractor, while in the Commonwealth of Virginia. See Virginia Code 53.1-261
- Correctional services: means the following functions, services and activities when provided within a prison or otherwise:
1. See Virginia Code 53.1-261
- Director: means the Director of the Department of Corrections. See Virginia Code 53.1-1
1. Developing and implementing procedures for calculating inmate release and parole eligibility dates;
2. Developing and implementing procedures for calculating and awarding sentence credits;
3. Approving inmates for furlough and work release;
4. Approving the type of work inmates may perform and the wages or sentence credits 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 more restrictive custody;
7. Transferring an inmate; however, the contractor may make written recommendations regarding the transfer of an inmate or inmates;
8. Formulating rules of inmate behavior, violations of which may subject inmates to sanctions; however, the contractor may propose such rules to the Director for his review and adoption, rejection, or modification as otherwise provided by law or regulation; and
9. Disciplining inmates in any manner which requires a discretionary application of rules of inmate behavior or a discretionary imposition of a sanction for violations of such rules.
1991, c. 705; 1992, c. 654; 1995, c. 694.