Authority: Title 53.1, Chapter 3 and § 53.1-21, Code of Virginia.

A. From July 1, 1996, to June 30, 1998, the Board of Corrections shall not approve or commit additional funds for the state share of the cost of construction, enlargement, or renovation of a local or regional jail facility. The Board may grant exceptions for the following reasons:

1. To address emergency projects needed to comply with Board of Corrections' standards or life safety code requirements;

2. To address those projects for which contracts for design of a local or regional jail facility had been signed as of March 1, 1996;

3. To adjust a previously approved funding level, which had been based on planning study estimates, to the actual project cost as determined by competitive bid; and

4. To adjust a previously approved regional jail construction project in any case where one or more additional localities have elected to join an existing regional jail authority in order to close one or more existing local jails, or in any case where one or more small jails with an average daily population of less than ten in fiscal year 1995 have developed a plan to implement a new regional program or facility in order to close one or more existing local jails, subject to certification by the Secretary of Administration that such an adjustment shall result in an actual cost savings to the Commonwealth.

B.1. The Commonwealth's share of the cost to construct, renovate, or expand local and regional correctional facilities shall be paid out of this appropriation as follows:

2. The Department of Corrections shall reimburse the Commonwealth's share of the construction, renovation or expansion costs for the local and regional jail facilities specified in Paragraph B.1. within 60 days of completion of such project. In the case of disagreement between the Department and the affected locality over cost items eligible for reimbursement, the Department may withhold only the amount in dispute for a period of ninety days pending resolution by the Board of Corrections.

C.1. Within the limits of funds appropriated under the subprogram Financial Assistance for Adult Confinement in local facilities, the Director is authorized to enter into agreements to effect transfers of convicted state felons between and among local facilities. In the case of such transfers there is authorized to be paid to the localities an amount not to exceed $14.00 per state felon prisoner day in the first year and $14.00 per state felon prisoner day in the second year, which shall be in addition to any such amounts otherwise authorized by this act. Any such funds received by the localities as a result of this provision shall be used for the maintenance and operation of the local facility.

2. This funding may be used to cover private prison bed contractual costs if there is no need to house additional state felons in local facilities.

D. Subject to the conditions stated in this Item, and with the prior written approval of the Director of the Department of Planning and Budget, there is hereby reappropriated the unexpended balances remaining at the close of business on June 30, 1996, and June 30, 1997, in the Financial Assistance for Confinement in Local Facilities program. The reappropriations shall be applicable only for payments owing for physical plant projects for local jails which have been approved by the Governor and for which contracts are in effect June 30, 1996, and June 30, 1997, respectively.

E. Notwithstanding any contrary provision of law, the Governor is authorized to withhold approval for state payment by reimbursement or otherwise, of expenditures which may cause the amount listed for the subprogram subprograms in this Item to be overexpended.