CODE OF VIRGINIA

POWERS AND DUTIES NOT DELEGABLE TO CONTRACTOR (§ 16.1-322.6)

No contract for juvenile correctional facilities or programs shall authorize,
allow, or imply a delegation of authority or responsibility to a juvenile
correctional facilities or programs contractor for any of the following:

   1.  Developing and implementing procedures for calculating a detainee’s
   release date;

   2.  Classifying detainees or placing detainees in less restrictive custody or
   more restrictive custody;

   3.  Transferring a detainee; however, the contractor may make written
   recommendations regarding the transfer of a detainee or detainees;

   4.  Formulating rules of detainee behavior, violations of which may subject
   detainees to sanctions; however, the contractor may propose such rules for
   review and adoption, rejection, or modification as otherwise provided by law
   or regulation; and

   5.  Disciplining detainees in any manner which requires a discretionary
   application of rules of detainee behavior or a discretionary imposition of a
   sanction for violations of such rules.

HISTORY: 1991, c. 258; 1992, c. 652.