Authority: Title 53.1, Chapter 1; § 9.1-102, Code of Virginia.

A. Any plan to modernize and integrate the automated systems of the Department of Corrections shall be based on developing the integrated system in phases, or modules. In addition to any general fund appropriations and any federal grant funds available from the Department of Criminal Justice Services, the Department of Corrections may, subject to the authorization of the Director, Department of Planning and Budget, utilize revenue deposited in the Contract Prisoners Special Revenue Fund in excess of the appropriation referred to in paragraph C. of Item 420 of this act to support the development of the offender management system, including the purchase and implementation of a system to replace the current offender time computation system.

B. Included within this appropriation is $55,000 the first year and $55,000 the second year from nongeneral funds for implementing the approved plan for the automation of the commissary system. The nongeneral funds shall come from profits projected to be generated by the commissary operations.

C. Included in this appropriation is $600,000 the first year and $600,000 the second year from nongeneral funds to be used for installation and operating expenses of the telemedicine program operated by the Department of Corrections. The source of the funds is revenue from inmate fees collected for medical services.

D. Included in this appropriation is $1,500,000 the first year and $3,000,000 the second year from nongeneral funds to be used by the Department of Corrections for the operations of its Corrections Construction Unit. The Comptroller shall establish the Corrections Construction Unit Special Operating Fund on the Commonwealth Accounting and Reporting System to reflect the activities of contracts between the Corrections Construction Unit and (i) institutions within the Department of Corrections for work not related to a capital project and (ii) agencies without the Department of Corrections for work performed for those agencies.

E. The Department of Corrections shall evaluate the impact of its substance abuse treatment programs on the recidivism of inmates participating in those programs. The Department shall report to the Secretary of Public Safety and the Department of Planning and Budget by September 1 of each year its evaluation of the program.

F. All residential staff housing properties owned by the Commonwealth and in the possession of the Department of Corrections are authorized to be sold as surplus property pursuant to § 2.2-1156, Code of Virginia. Notwithstanding the provisions of § 2.2-1156 D, Code of Virginia, all net proceeds from the sale of such property after provision is made for any bonds outstanding on such property, as appropriate, shall be deposited into the general fund. Prior to the sale of these properties the Department of General Services shall obtain an appraisal of the fair market value of such properties. Current employees of the Department of Corrections who are currently residing in such residential staff housing shall be granted the first right of refusal to purchase these residences at fair market value.

G. Notwithstanding the provisions of § 53.1-20 A. and B., Code of Virginia, the director of the Department of Corrections shall receive offenders into the state correctional system from local and regional jails at such time as he determines that sufficient, secure and appropriate housing is available, placing a priority on receiving inmates diagnosed and being treated for HIV, mental illnesses requiring medication, or Hepatitis C. The director shall maximize, consistent with inmate and staff safety, the use of bed space in the state correctional system. The director shall report monthly to the Secretary of Public Safety and the Secretary of Administration on the number of inmates housed in the state correctional system, the number of inmate beds available, and the number of offenders housed in local and regional jails that meet the criteria set out in § 53.1-20 A. and B.

H. Any new mental health or substance abuse treatment program or initiative for adult offenders developed and implemented by the Department of Corrections shall be evaluated at least annually to ensure that program goals and objectives are being met. The department shall report the results of the evaluations to the Chairmen of the House Appropriations and Senate Finance Committees and the Joint Commission on Health Care.

I.1. The Department of Corrections shall develop preliminary plans for construction of a medium security prison, in addition to those authorized in this act, and shall present such plans to the Governor and the Chairmen of the Senate Finance and House Appropriations Committees no later than December 1, 2004. The plans may consider either or both construction and operation of such prison under this act, the Public Private Education and Infrastructure Act, the Corrections Private Management Act, or such other means as may be appropriate. The Department shall give first priority consideration to locating such prison within the Mount Rogers Planning District. The next priority for the location of a subsequent facility shall be given to a location within Charlotte County.

2. The Department shall develop a plan, consistent with the reports required pursuant to Item 403, paragraphs A. and B. of this act to finance, construct and operate additional correctional facilities for the Department, utilizing either or both construction and operation of such facilities under this act, the Public-Private Education and Infrastructure Act, or such other means as shall be appropriate, as required to meet projected bedspace requirements through fiscal year 2011. The plan shall include capital and operating cost estimates as well as the necessary timetables for financing and construction. Such facilities shall include: as a first priority, a facility to be located in the Mount Rogers Planning District; and as a second priority, a facility to be located in Charlotte County. Copies of this plan shall be provided to the Chairmen of the Senate Finance and House Appropriations Committees by October 15, 2005.