A. 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, 2004, and June 30, 2005, 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, 2004, and June 30, 2005, respectively.

B. From July 1, 2004 to June 30, 2006, except in the circumstances listed below, 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:

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

2. Projects mandated through consent decrees or memoranda of understanding, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et seq., and required by the United States Department of Justice;

3. The Clarke-Fauquier-Frederick-Winchester Regional Adult Detention Center, in order to proceed in planning for an expansion project involving up to 120 beds. Notwithstanding the provisions of § 53.1-82.3, Code of Virginia, the governing body of this proposed facility may submit the required community-based corrections plan, facility specifications, and the expected financing costs to the Department of Corrections and State Board of Corrections for review prior to March 1, 2005. Furthermore, the Governor may include a recommendation for funding such project, for consideration by the General Assembly at its 2005 session.