Virginia § 53.1-265 - Powers and duties not delegable to contractor

§ 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:

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 that 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;

9. Disciplining inmates in any manner that requires a discretionary application of rules of inmate behavior or a discretionary imposition of a sanction for violations of such rules; and

10. Operating a prison facility, including management, custody of inmates, or provision of security; however, the contractor may operate a prison facility, including management, custody of inmates, or provision of security, upon approval by the General Assembly.

1991, c. 705; 1992, c. 654; 1995, c. 694; 2025, c. 337.