472#13s (DOC/DI) Drakes Branch Language. SB30 - Committee Approved

State Budget

1998 Session

Budget Amendments - SB30 (Committee Approved)

Bill Order » Item 472 #13s

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Drakes Branch Language (language only)

Item 472 #13s

Item 472 #13s
Public Safety
Institutions, Division of

Language
Page 278, line 45, after "2001." insert:
"The General Assembly finds that the Commonwealth currently has a sufficient stock of minimum security prison bed space to satisfy its needs and that additional space with higher security levels is needed to incarcerate violent offenders. Therefore, the Department of Corrections' current competitive negotiation for the financing, design, construction, and operation of a 1,000-bed minimum security private prison is hereby amended to instead procure the financing, design, construction, and operation of a 1,000-bed medium security private prison. No advertising, evaluation, or other work on the Department's competitive negotiation process for the procurement of a 1,000-bed minimum security prison need be redone, any other provision of law notwithstanding. The source of funding for this security enhancement to this project shall be federal funds pursuant to the Violent Offender and Truth-in-Sentencing Incentive Grant Program administered by the U. S. Department of Justice.".

Explanation
(This amendment reinstates language contained in the 1997 Appropriation Act regarding the use of federal prison construction funds.)

Item 472

Item 472	First Year - FY1999	Second Year - FY2000
Secure Confinement (35700)	$308,102,561	$310,919,080
Adult Rehabilitation and Treatment Services (35701)	FY1999 $21,691,232	FY2000 $21,834,617
Adult Security (35702)	FY1999 $286,411,329	FY2000 $289,084,463
Fund Sources:
General	FY1999 $307,877,969	FY2000 $310,694,488
Special	FY1999 $224,592	FY2000 $224,592

Authority: §§ 53.1-12, 53.1-19, 53.1-23, 53.1-24, 53.1-42, 53.1-43, 53.1-138, 53.1-188 and 53.1-190, Code of Virginia.

A. The Department of Corrections shall continue to implement recommendations made in the report "Security Staffing in Adult Facilities of the Virginia Department of Corrections". Changes to facility post audits shall be made in accordance with the methodology prescribed in the report and approved by the Director or his designee. Security positions added at or subsequent to the 1998 Session for any correctional center or field unit shall not be filled until post audits have been completed and approved as provided in the above report.

B. The Department of Corrections, in cooperation with the Departments of Conservation and Recreation, Game and Inland Fisheries, and Forestry, shall continue to pursue the use of inmates assigned to work projects at state parks and natural areas, wildlife management areas, fishing lakes, boat ramps and forests. A progress report on the implementation of this program shall be presented to the Governor and Chairmen of the House Appropriations and Senate Finance Committees by October 1 of each year.

C. The total number of inmates for which support costs are provided to the Department of Corrections, based on projected average daily populations in state facilities, is 27,998 the first year and 29,303 the second year.

D. Included in this appropriation is $42,000 the first year and $42,000 the second year from special funds which shall be paid to the Prison Visitation Project, Inc. The funding to support this appropriation shall be provided from profits generated by prison commissary operations.

E.1.a. Included in this appropriation is $13,305,871 the first year and $12,041,763 the second year from the general fund to contract for private financing, maintenance, and operation of one 1,500-bed medium security facility located in Brunswick County. In addition, the department is authorized to contract for private site selection, construction financing, maintenance and operation of one 1,000-bed medium security facility to be located in Charlotte County, opening on or after July 1, 2001.

b. Such contracts may, subject to approval of the Governor and the provisions of § 53.1-262, Code of Virginia, provide for the private construction, financing, maintenance and operation of facilities on lands currently owned by the Department of Corrections. The Department is also authorized to use these funds for reasonable oversight costs associated with the private prison contracts.

2. The Department shall not enter into any contract which will result in an inmate in the custody of the Commonwealth of Virginia being housed in a facility not directly operated by the Commonwealth of Virginia or its political subdivisions, unless the governing body of the locality in which such non-state facility is located has consented, by formal resolution, to the location and operation of such facility within its borders.

3. Private financing as permitted by § 53.1-262.5.e., Code of Virginia, may be used so long as the maximum amount payable by the Commonwealth under capital lease, lease-purchase or similar arrangements annually shall not exceed the dollar amount of the appropriation.

F. The Department of Corrections shall seek grant funding through the Department of Criminal Justice Services to create a single-purpose, secure substance abuse treatment facility, using the therapeutic community model, at an existing correctional unit. In the event such grant funding is obtained, the Director of the Department of Planning and Budget is authorized to increase the number of the department's nongeneral fund positions equivalent to the positions included in the grant.

G. 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 balance, up to a total of $5 million, remaining at the close of business on June 30, 1998, in the appropriations made from Items 457 and 459 of Chapter 924, Acts of Assembly of 1997. Any such balances shall have been committed to the purchase of equipment for Red Onion, Wallens Ridge, or Sussex II State Prisons and shall be used only for such purpose.