Virginia § 53.1-59 - Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards

§ 53.1-59. Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards

The Director is authorized to enter into agreements with the proper authorities of any state agency, county, city, town, local commission or nonprofit civic organization in the Commonwealth to build and maintain roads and streets and to perform such other public works as he may approve. The state agency, county, town, city, local commission or nonprofit civic organization for which such work is performed may be required to pay to the Department in monthly installments such sum as is necessary to cover the costs of work done by such prisoners at the rate specified in the agreement authorized by § 53.1-57.

The state agency, county, town, city, local commission or nonprofit civic organization that has the use of prison labor authorized by this section shall designate the projects to be worked. It may be required to furnish all engineering service, tools, implements, machinery and equipment used in such projects; shall secure rights-of-way; and shall furnish such foremen as the Director deems necessary and acceptable to direct the work. The Director may authorize such persons employed as foremen to carry firearms in accordance with § 53.1-29.

Fifteen days prior to a prisoner's participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, written notice of the prisoner's participation. Such notice shall include the name, address and criminal history of the prisoner in addition to other information the chief of police or such officer may request. A copy of such notice shall be provided to the attorney for the Commonwealth and the governing body where the work is to be performed. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). When notice has been requested in accordance with § 53.1-133.02, the Director shall provide notice to the victim that the prisoner has been assigned to a facility where the prisoner may participate in supervised work programs established pursuant to this section.

Code 1950, § 53-122.1; 1962, c. 370; 1970, c. 648; 1982, c. 636; 1989, c. 652; 1991, c. 412; 1996, cc. 703, 726.