2012 Session

Budget Amendments - SB30 (Committee Approved)

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Waiver for Temporary Jail Structures - Revised (language only)

Item 386 #1s

Item 386 #1s

Public Safety
Corrections, Department of

Page 283, following line 16, insert:
"E. If a facility reported an average daily population for the previous fiscal year which exceeded its operational (design) capacity, as rated by the Board of Corrections, not to include federal inmates, by more than 75 percent, or if a portion of the jail is mandated to be closed due to fire, natural disaster, or condemnation, the Board of Corrections is authorized to provide a waiver from the construction requirements of the "Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities, and Minimum Standards for Local Jails and Lockups" to a locality proposing a jail enlargement project involving the use of a temporary structure for housing community custody inmates.  Such waiver shall be for a maximum of five years.  If construction of a permanent facility or enlargement is not completed at the time of the expiration of the waiver, the Board of Corrections may grant a one year extension up to two times.  If such extensions are granted, the locality shall lose 25 percent of the eligible reimbursement for each year of extension.  At no time shall the temporary building be used for more than seven years.  Such temporary structure shall comply with all of the applicable provisions of the Virginia Uniform Statewide Building Code and the Virginia Statewide Fire Prevention Code for that designated use and occupancy.  Such waiver shall not relieve the locality of the requirement for submission to and Board of Corrections approval of a community-based corrections plan, planning study, and construction of a permanent facility or enlargement.  The community-based corrections plan and planning study for the permanent facility or enlargement shall be submitted to the Board of Corrections within twelve months of the approval by the Board of Corrections of the waiver for the temporary structure.  The locality shall provide to the Board of Corrections an annual update on the progress of the construction of a permanent facility or enlargement by July 1 of each year of the temporary facility's use.  Failure of a locality to comply with the above requirements may result in the Board of Corrections terminating the locality's use of the temporary facility.  Any locality receiving such a waiver shall not be eligible for construction funding reimbursement authorized pursuant to §§ 53.1-80 through 53.1-82, Code of Virginia, for the temporary facility."

(This amendment authorizes the Board of Corrections to approve certain temporary jail facilities, when the temporary facility complies with the statewide building and fire prevention codes. No state reimbursement would be provided for the capital costs of such temporary structures. Currently, the City of Chesapeake is the only jurisdiction with a temporary housing structure.)