Authority: §§ 53.1-83.1, 53.1-84 and 53.1-85, Code of Virginia.

A. The individual or entity responsible for operating any facility which receives funds from this Item may, if requested by the Department of Corrections, enter into an agreement with the Department to accept the transfer of convicted felons, specified in Paragraph G. or H. of this Item, from other local facilities. In entering into any such agreements, or in effecting the transfer of offenders, the Department of Corrections shall consider the security requirements of transferred offenders and the capability of the local facility to maintain such offenders. For purposes of calculating the amount due each locality, all funds earned by the locality as a result of an agreement with the Department of Corrections shall be included as receipts from these appropriations.

B. The appropriation in this Item also includes an amount not to exceed $377,010 in each year, which shall be held in reserve for unbudgeted medical expenses incurred by local correctional facilities in the care of state responsible felons as defined by § 53.1-20, Code of Virginia.

C. Should this appropriation prove to be insufficient to fund all of the provisions, any amount remaining in the reserve as of June 1, 1997, and June 1, 1998, may be reallocated among localities on a pro rata basis according to such deficiency.

D. The following amounts shall be paid out of this appropriation to compensate localities for the cost of maintaining prisoners arrested on state warrants in local correctional facilities, as defined by § 53.1-1, Code of Virginia, or if the prisoner is not housed in a local correctional facility, in an alternative to incarceration program operated by, or under the authority of, the sheriff or jail board:

1. $8.00 per prisoner day, except as provided in paragraph E, below, and

2. an additional $14.00 per prisoner day if the prisoner is housed and maintained in a jail farm not under the control of the sheriff.

E. The following amount shall be paid out of this appropriation for persons arrested on state warrants.

1. For unsentenced persons held awaiting trial and convicted misdemeanants:

a. Localities will be provided quarterly block grants in lieu of the per prisoner, per day payment specified in Paragraph D. The amounts of the block grants to be paid shall be determined by the following calculations, performed in the sequence in which they appear:

(1) Calculate the average daily population of unsentenced persons awaiting trial and sentenced misdemeanants for each month of the period beginning July 1, 1994 and ending June 30, 1995, for each local correctional facility, using the 'Tuesday Report.'

(2) Adjust this population for each month thereafter for each local correctional facility by the percent change projected for each month after June 1995 in the official statewide forecast of unsentenced persons awaiting trial and sentenced misdemeanants.

(3) Multiply the resulting figures for each month by $8.00.

(4) Multiply the resulting figures for each month by the number of days in the month.

(5) Multiply the resulting amounts by 92.6%.

b. Notwithstanding § 53.1-84 of the Code of Virginia, localities may use the funds provided pursuant to Paragraph E.1.a. of this Item to maintain unsentenced persons held awaiting trial or convicted misdemeanants in local correctional facilities as defined by § 53.1-1, Code of Virginia, or to operate pre-trial or alternative to incarceration programs that accommodate this population.

2. For offenders other than those specified in Paragraph E.1. of this Item, $8.00 per prisoner day shall be paid to compensate localities for the cost of maintaining prisoners arrested on state warrants in local correctional facilities as defined by § 53.1-1, Code of Virginia, or if the prisoner is not housed in a local correctional facility, in an alternative to incarceration program operated by, or under the authority of, the sheriff or jail board.

An additional $14.00 per prisoner day shall be paid if the prisoner is housed and maintained in a jail farm not under the control of the sheriff.

F. For the payment specified in Paragraph D. or E.2. of this Item for prisoners in alternative punishment or alternative to incarceration programs:

1. Such payment is intended to be made for prisoners that would otherwise be housed in a local correctional facility. It is not intended for prisoners that would otherwise be sentenced to community service or placed on probation.

2. No such payment shall be made unless the program has been approved by the Department of Corrections or the Department of Criminal Justice Services. Alternative punishment or alternative to incarceration programs, however, may include supervised work experience, treatment, and electronic monitoring programs.

G. In addition to the amounts specified in Paragraph D. or E.2. of this Item, $6.00 per prisoner day shall be paid out of this appropriation to maintain any felon sentenced to the Department of Corrections for a felony committed before January 1, 1995, in local correctional facilities pursuant to § 53.1-20.1, Code of Virginia. Such payment shall be made on and after the sixty-first day after the sentencing order for felons sentenced for a total of more than two years.

H. In addition to the amounts specified in Paragraph D. or E.2. of this Item, $6.00 per prisoner day shall be paid out of the appropriation to maintain any person convicted of a felony committed on or after January 1, 1995, in local correctional facilities pursuant to § 53.1-20.1, Code of Virginia. Such payment shall be made on and after the sixty-first day after the date of sentencing order for felons sentenced for a total of more than six months.

I.1. Where a convicted felon is held awaiting trial for additional felony charges, the payment specified in Paragraph G. or H of this Item shall not be made until all such charges are adjudicated.

2. The payment specified in Paragraph G. or H of this Item shall be made as follows, whichever is later: a. beginning on the date that the final outstanding felony charge is adjudicated; or, b. as specified in Paragraph G. or H of this Item.

3. The payment specified in Paragraph G. or H of this Item shall not be made for any convicted felon who remains incarcerated in a local correctional facility at the request of the locality.

J. Effective July 1, 1996, in addition to the amounts specified in paragraphs E., G. or H. of this section, the Comptroller shall transfer to the Compensation Board, from funds appropriated in this act to the Department of Corrections, an amount to compensate the localities for the full cost of confining convicted felons pursuant to § 53.1-20.1 of the Code of Virginia. The Compensation Board shall pay to the localities such sums as follows:

1. In the case of felons convicted of offenses committed prior to January 1, 1995, who have been sentenced to more than three years, $1.00 per prisoner day from the sixty-first to the ninetieth day from sentencing, $3.00 per prisoner day from the ninety-first to the one hundred twentiety day from the day of sentencing, and $6.00 per prisoner day thereafter.

2. In the case of felons convicted of offenses committed after January 1, 1995, who have been sentenced to more than one year, $1.00 per prisoner day from the sixty-first to the ninetieth day from sentencing, $3.00 per prisoner day from the ninety-first to the one hundred twentiety day from the day of sentencing, and $6.00 per prisoner day thereafter.