§ 66-25.4. State juvenile correctional facilities; private contracts.
The Director, subject to any applicable regulations which may be promulgatedby the Board pursuant to § 66-10, is hereby authorized to enter intocontracts for the financing, site selection, design, acquisition,construction, maintenance, leasing, leasing/purchasing, management oroperation of juvenile correctional facilities or any combination of thoseservices subject to the requirements and limitations set out below.
1. Contracts entered into under the terms of this chapter shall be with anentity submitting an acceptable response pursuant to a request for proposals.An acceptable response shall be one which meets all the requirements in therequest for proposals. However, no contract for juvenile correctionalfacilities or correctional services may be entered into unless the privatecontractor demonstrates to the satisfaction of the Director that it has:
a. The qualifications, experience and management personnel necessary to carryout the terms of this contract;
b. The financial resources to provide indemnification for liability arisingfrom the management of juvenile correctional projects;
c. Evidence of past performance of similar contracts; and
d. The ability to comply with all applicable federal and state constitutionalstandards; federal, state, and local laws; court orders; and juvenilecorrectional standards.
2. Contracts awarded under the provisions of this chapter, includingcontracts for the provision of juvenile correctional services, theconstruction of juvenile correctional facilities, or for the lease,lease/purchase or use of public or private lands or buildings for use in theoperation of facilities, may be entered into for a period of up to thirtyyears, subject to the requirements for annual appropriation of funds by theCommonwealth.
3. Contracts awarded under the provisions of this chapter shall, at aminimum, comply with the following:
a. Provide for appropriate security to protect the public, employees andcommitted juveniles;
b. Provide juveniles with work or training opportunities while incarcerated;however, the contractor shall not benefit financially from the labor ofcommitted juveniles;
c. Impose discipline on committed juveniles only in accordance withapplicable regulations; and
d. Provide proper food, clothing, housing and medical care for juveniles.
4. No contract for juvenile correctional facilities or juvenile correctionalservices shall be entered into unless the following requirements are met:
a. The contractor provides audited financial statements for the previous fiveyears or for each of the years the contractor has been in operation, if fewerthan five years, and provides other financial information as requested; and
b. The contractor provides an adequate plan of indemnification, specificallyincluding indemnity for civil rights claims. The indemnification plan shallbe adequate to protect the Commonwealth and public officials from all claimsand losses incurred as a result of the contract. Nothing herein is intendedto deprive a contractor or the Commonwealth of the benefits of any lawlimiting exposure to liability or setting a limit on damages.
5. No contract for juvenile correctional facilities or correctional servicesshall be executed by the Director nor shall any funds be expended for thecontract unless:
a. The proposed contract complies with any applicable regulations which maybe promulgated by the Board pursuant to § 66-10 and by the Board ofCorrectional Education pursuant to § 22.1-343;
b. An appropriation for the facilities or the services to be provided underthe contract has been expressly approved as is otherwise provided by law;
c. The juvenile correctional facilities or the correctional services proposedby the contract are of at least the same quality as those routinely providedby the Department to similar types of committed juveniles;
d. An evaluation of the proposed contract demonstrates a cost benefit to theCommonwealth when compared to alternative means of providing the facilitiesor the services through governmental agencies;
e. If a contract for acquiring facilities requires or otherwise contemplatesthat the Commonwealth, whether subject to appropriation or not, will makepayments beyond the current biennium that are expected to pay debt service onany bonds or other obligations issued to finance such facilities, regardlessof the issuer thereof, then (i) the Treasury Board shall approve the termsand structure of such bonds or other obligations and (ii) the appropriationfor such facilities acknowledges that payments for the acquisition of suchfacilities are expected to be made beyond the current biennium under acapital lease, lease/purchase, or similar arrangement. Any contract that isfor two years or less, or is cancelable by the Commonwealth without causeafter such a period, shall not be deemed a contract as described herein; and
f. Nothing herein shall be construed to constitute a waiver for theDepartment or contractor from complying with the provisions of subdivision 4of § 66-3.
§ 66-25.4. State juvenile correctional facilities; private contracts.
The Director, subject to any applicable regulations which may be promulgatedby the Board pursuant to § 66-10, is hereby authorized to enter intocontracts for the financing, site selection, design, acquisition,construction, maintenance, leasing, leasing/purchasing, management oroperation of juvenile correctional facilities or any combination of thoseservices subject to the requirements and limitations set out below.
1. Contracts entered into under the terms of this chapter shall be with anentity submitting an acceptable response pursuant to a request for proposals.An acceptable response shall be one which meets all the requirements in therequest for proposals. However, no contract for juvenile correctionalfacilities or correctional services may be entered into unless the privatecontractor demonstrates to the satisfaction of the Director that it has:
a. The qualifications, experience and management personnel necessary to carryout the terms of this contract;
b. The financial resources to provide indemnification for liability arisingfrom the management of juvenile correctional projects;
c. Evidence of past performance of similar contracts; and
d. The ability to comply with all applicable federal and state constitutionalstandards; federal, state, and local laws; court orders; and juvenilecorrectional standards.
2. Contracts awarded under the provisions of this chapter, includingcontracts for the provision of juvenile correctional services, theconstruction of juvenile correctional facilities, or for the lease,lease/purchase or use of public or private lands or buildings for use in theoperation of facilities, may be entered into for a period of up to thirtyyears, subject to the requirements for annual appropriation of funds by theCommonwealth.
3. Contracts awarded under the provisions of this chapter shall, at aminimum, comply with the following:
a. Provide for appropriate security to protect the public, employees andcommitted juveniles;
b. Provide juveniles with work or training opportunities while incarcerated;however, the contractor shall not benefit financially from the labor ofcommitted juveniles;
c. Impose discipline on committed juveniles only in accordance withapplicable regulations; and
d. Provide proper food, clothing, housing and medical care for juveniles.
4. No contract for juvenile correctional facilities or juvenile correctionalservices shall be entered into unless the following requirements are met:
a. The contractor provides audited financial statements for the previous fiveyears or for each of the years the contractor has been in operation, if fewerthan five years, and provides other financial information as requested; and
b. The contractor provides an adequate plan of indemnification, specificallyincluding indemnity for civil rights claims. The indemnification plan shallbe adequate to protect the Commonwealth and public officials from all claimsand losses incurred as a result of the contract. Nothing herein is intendedto deprive a contractor or the Commonwealth of the benefits of any lawlimiting exposure to liability or setting a limit on damages.
5. No contract for juvenile correctional facilities or correctional servicesshall be executed by the Director nor shall any funds be expended for thecontract unless:
a. The proposed contract complies with any applicable regulations which maybe promulgated by the Board pursuant to § 66-10 and by the Board ofCorrectional Education pursuant to § 22.1-343;
b. An appropriation for the facilities or the services to be provided underthe contract has been expressly approved as is otherwise provided by law;
c. The juvenile correctional facilities or the correctional services proposedby the contract are of at least the same quality as those routinely providedby the Department to similar types of committed juveniles;
d. An evaluation of the proposed contract demonstrates a cost benefit to theCommonwealth when compared to alternative means of providing the facilitiesor the services through governmental agencies;
e. If a contract for acquiring facilities requires or otherwise contemplatesthat the Commonwealth, whether subject to appropriation or not, will makepayments beyond the current biennium that are expected to pay debt service onany bonds or other obligations issued to finance such facilities, regardlessof the issuer thereof, then (i) the Treasury Board shall approve the termsand structure of such bonds or other obligations and (ii) the appropriationfor such facilities acknowledges that payments for the acquisition of suchfacilities are expected to be made beyond the current biennium under acapital lease, lease/purchase, or similar arrangement. Any contract that isfor two years or less, or is cancelable by the Commonwealth without causeafter such a period, shall not be deemed a contract as described herein; and
f. Nothing herein shall be construed to constitute a waiver for theDepartment or contractor from complying with the provisions of subdivision 4of § 66-3.
§ 66-25.4. State juvenile correctional facilities; private contracts.
The Director, subject to any applicable regulations which may be promulgatedby the Board pursuant to § 66-10, is hereby authorized to enter intocontracts for the financing, site selection, design, acquisition,construction, maintenance, leasing, leasing/purchasing, management oroperation of juvenile correctional facilities or any combination of thoseservices subject to the requirements and limitations set out below.
1. Contracts entered into under the terms of this chapter shall be with anentity submitting an acceptable response pursuant to a request for proposals.An acceptable response shall be one which meets all the requirements in therequest for proposals. However, no contract for juvenile correctionalfacilities or correctional services may be entered into unless the privatecontractor demonstrates to the satisfaction of the Director that it has:
a. The qualifications, experience and management personnel necessary to carryout the terms of this contract;
b. The financial resources to provide indemnification for liability arisingfrom the management of juvenile correctional projects;
c. Evidence of past performance of similar contracts; and
d. The ability to comply with all applicable federal and state constitutionalstandards; federal, state, and local laws; court orders; and juvenilecorrectional standards.
2. Contracts awarded under the provisions of this chapter, includingcontracts for the provision of juvenile correctional services, theconstruction of juvenile correctional facilities, or for the lease,lease/purchase or use of public or private lands or buildings for use in theoperation of facilities, may be entered into for a period of up to thirtyyears, subject to the requirements for annual appropriation of funds by theCommonwealth.
3. Contracts awarded under the provisions of this chapter shall, at aminimum, comply with the following:
a. Provide for appropriate security to protect the public, employees andcommitted juveniles;
b. Provide juveniles with work or training opportunities while incarcerated;however, the contractor shall not benefit financially from the labor ofcommitted juveniles;
c. Impose discipline on committed juveniles only in accordance withapplicable regulations; and
d. Provide proper food, clothing, housing and medical care for juveniles.
4. No contract for juvenile correctional facilities or juvenile correctionalservices shall be entered into unless the following requirements are met:
a. The contractor provides audited financial statements for the previous fiveyears or for each of the years the contractor has been in operation, if fewerthan five years, and provides other financial information as requested; and
b. The contractor provides an adequate plan of indemnification, specificallyincluding indemnity for civil rights claims. The indemnification plan shallbe adequate to protect the Commonwealth and public officials from all claimsand losses incurred as a result of the contract. Nothing herein is intendedto deprive a contractor or the Commonwealth of the benefits of any lawlimiting exposure to liability or setting a limit on damages.
5. No contract for juvenile correctional facilities or correctional servicesshall be executed by the Director nor shall any funds be expended for thecontract unless:
a. The proposed contract complies with any applicable regulations which maybe promulgated by the Board pursuant to § 66-10 and by the Board ofCorrectional Education pursuant to § 22.1-343;
b. An appropriation for the facilities or the services to be provided underthe contract has been expressly approved as is otherwise provided by law;
c. The juvenile correctional facilities or the correctional services proposedby the contract are of at least the same quality as those routinely providedby the Department to similar types of committed juveniles;
d. An evaluation of the proposed contract demonstrates a cost benefit to theCommonwealth when compared to alternative means of providing the facilitiesor the services through governmental agencies;
e. If a contract for acquiring facilities requires or otherwise contemplatesthat the Commonwealth, whether subject to appropriation or not, will makepayments beyond the current biennium that are expected to pay debt service onany bonds or other obligations issued to finance such facilities, regardlessof the issuer thereof, then (i) the Treasury Board shall approve the termsand structure of such bonds or other obligations and (ii) the appropriationfor such facilities acknowledges that payments for the acquisition of suchfacilities are expected to be made beyond the current biennium under acapital lease, lease/purchase, or similar arrangement. Any contract that isfor two years or less, or is cancelable by the Commonwealth without causeafter such a period, shall not be deemed a contract as described herein; and
f. Nothing herein shall be construed to constitute a waiver for theDepartment or contractor from complying with the provisions of subdivision 4of § 66-3.
