REGULATIONS
Vol. 34 Iss. 12 - February 05, 2018

TITLE 1. ADMINISTRATION
COMMISSION ON LOCAL GOVERNMENT
Fast-Track Regulation

Title of Regulation: 1VAC50-11. Public Participation Guidelines (amending 1VAC50-11-10, 1VAC50-11-20, 1VAC50-11-50, 1VAC50-11-60, 1VAC50-11-90, 1VAC50-11-100).

Statutory Authority: §§ 2.2-4007.02 and 15.2-2903 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 8, 2018.

Effective Date: March 23, 2018.

Agency Contact: David Conmy, Local Government Policy Administrator, Department of Housing and Community Development, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-8010, FAX (804) 371-7090, or email david.conmy@dhcd.virginia.gov.

Small Business Impact Review Report of Findings: This fast-track regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Basis: Section 15.2-2903 of the Code of Virginia provides the Commission on Local Government (CLG) the general power and duty to make regulations.

Purpose: The goal of this proposal is to update the CLG's regulations for greater clarity and consistency based upon a review by the commission and its staff at the conclusion of its periodic review of the regulation.

The regulations are essential to protect the health, safety, and welfare of citizens because they support the CLG's purpose to ensure that all of the Commonwealth's "localities are maintained as viable communities in which their citizens can live" as stipulated in § 15.2-2900 of the Code of Virginia.

All of the proposed amendments to the regulations are minor in nature and include items such as (i) updating definitions and regulations to correspond to changes in the Code of Virginia, including removal of references to "Commonwealth Calendar" and the right to counsel in rulemaking proceedings (Chapter 795 of the 2012 Acts of Assembly), (ii) adding Oxford commas for greater clarity, (iii) updating terminology to be gender neutral, (iv) generalizing the commission's regular meeting regulations to allow more meeting flexibility but remain consistent with § 15.2-2904 of the Code of Virginia, and (v) making other minor changes.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial because the proposed amendments to the regulations are minor in nature. None of the proposed amendments to the regulations are substantive in nature, and they do not have an impact on small businesses or individual citizens.

Furthermore, this rulemaking is expected to be noncontroversial because no comments were received during the periodic review public comment period, which ran from June 12, 2017, to July 3, 2017, and was advertised in the Virginia Register of Regulations on June 12, 2017, in Volume 33, Issue 21.

Substance: None of the proposed amendments to the regulations are substantive in nature but include items such as (i) updating definitions and regulations to correspond to changes in the Code of Virginia, including removal of references to "Commonwealth Calendar" and the right to counsel in rulemaking proceedings (Chapter 795 of the 2012 Acts of Assembly), (ii) adding Oxford commas for greater clarity, (iii) updating terminology to be gender neutral, (iv) generalizing the commission's regular meeting regulations to allow more meeting flexibility but remain consistent with § 15.2-2904 of the Code of Virginia, and (v) making other minor changes.

Issues: The advantages to the proposed amendments to the regulations are all minor in nature but, overall, allow for greater clarity and for consistency with the Code of Virginia. There are no anticipated disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation: As the result of a periodic review, the Commission on Local Government (Commission) proposes to amend its public participation guidelines to update definitions and to conform the regulation to changes in statute.

Result of Analysis. Benefits likely outweigh costs for all proposed changes.

Estimated Economic Impact. The Commission promulgated these public participation guidelines in 2008 and has not updated them since. As a result of statutory changes since 2008, these guidelines are no longer completely up to date. Because of this, the Commission now proposes to add language that reflects the statutory right of interested parties who are submitting data, views and arguments to "be accompanied by and represented by counsel or other representative." The Commission also proposes to change references to "the Commonwealth Calendar" to "a calendar maintained by the Commonwealth" because that language more closely resembles relevant statutory language. Changes such as these do not add any extra requirements for regulated entities. Consequently, no affected entities are likely to incur costs. To the extent that these changes remove language that is different from what is in statute, they provide the benefit of eliminating possible confusion.

Businesses and Entities Affected. This regulatory action will affect all localities as well as the Commission. Commission staff reports that there are 95 counties, 190 towns and 38 cities in the Commonwealth.

Localities Particularly Affected. No locality will be particularly affected by this regulatory action.

Projected Impact on Employment. These proposed regulatory changes are unlikely to affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Real Estate Development Costs. These proposed regulatory changes are unlikely to affect real estate development costs in the Commonwealth.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. No small businesses are likely to incur any additional costs on account of these proposed regulatory changes.

Alternative Method that Minimizes Adverse Impact. No small businesses are likely to incur any additional costs on account of these proposed regulatory changes.

Adverse Impacts:

Businesses. No businesses are likely to incur any additional costs on account of these proposed regulatory changes.

Localities. Localities in the Commonwealth are unlikely to see any adverse impacts on account of these proposed regulatory changes.

Other Entities. No other entities are likely to be adversely affected by these proposed changes.

Agency's Response to Economic Impact Analysis: The Commission on Local Government staff concurs with the economic impact analysis.

Summary:

The amendments (i) update definitions, (ii) clarify the regulation, (iii) update terminology, and (iv) pursuant to Chapter 795 of the 2012 Acts of Assembly, add that an individual can be accompanied by and represented by counsel or another representative when submitting data, views, and arguments to the agency.

Part I
Purpose and Definitions

1VAC50-11-10. Purpose.

The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Commission on Local Government. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

1VAC50-11-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Commission on Local Government within the Virginia Department of Housing and Community Development, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" "Calendar maintained by the Commonwealth" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending, or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

Part III
Public Participation Procedures

1VAC50-11-50. Public comment.

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity (i) to submit data, views, and arguments, either orally or in writing, to the agency, and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

1VAC50-11-60. Petition for rulemaking.

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider, and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

1VAC50-11-90. Meetings.

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and a calendar maintained by the Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

1VAC50-11-100. Public hearings on regulations.

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and a calendar maintained by the Commonwealth Calendar at least seven working days prior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

VA.R. Doc. No. R18-5292; Filed January 9, 2018, 4:41 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
BOARD OF CORRECTIONS
Final Regulation

Titles of Regulations: 6VAC15-80. Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities (repealing 6VAC15-80-10 through 6VAC15-80-1270).

6VAC15-81. Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities (adding 6VAC15-81-10 through 6VAC15-81-1480).

Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.

Effective Date: March 8, 2018.

Agency Contact: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, P.O. Box 26963, Richmond, VA 23261-6963, telephone (804) 887-8215, or email james.bruce@vadoc.virginia.gov.

Summary:

The regulatory action repeals the existing Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities (6VAC15-80) and replaces it with a new regulation, 6VAC15-81. The new regulation updates standards to reflect (i) changes in the Code of Virginia and uniform building and fire codes and (ii) best practices for correctional facilities.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

CHAPTER 81 STANDARDS FOR PLANNING, DESIGN, CONSTRUCTION, AND REIMBURSEMENT OF LOCAL CORRECTIONAL FACILITIES

Part I Definitions and General Instructions ]

6VAC15-81-10. (Reserved.)

6VAC15-81-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Acceptable" means those applicable standards or practices with which a registered professional architect, engineer, or other duly licensed or recognized authority must comply.

"Access openings" means panels or doors used for access into areas including ceilings, pipe chases, plumbing chases, or shafts.

"Accessible by inmates" means the same as"inmate accessible."

"ADA accessible" means in compliance with theAmericans with Disabilities Act (42 USC § 12101 et seq.).

"ADP" means average daily population.

"A/E" means the architect or engineer and his associatedfirm hired by the owner for study, design, or construction of the jail project.

"Analysis" means a detailed examination of thelocal or regional criminal justice system and its elements in order todetermine the impact these elements have had on the need for current and futurejail space.

"Approved" means an item approved by thereviewing authority.

"Artificial light" means light other thannatural light.

"ASTM" means the American Society for Testingand Materials, the most current edition. When ASTM is referenced, the referenceis to the Standards in ASTM Standards on Detention and Correctional Facilities,unless otherwise specified. Testing for compliance with ASTM Standards shall beperformed by an independent nationally recognized testing laboratory.

"Board" means the Virginia State Board ofCorrections.

"Building code" means Virginia Uniform StatewideBuilding Code (13VAC5-63), the Virginia Industrialized Building Code(13VAC5-91), and the Virginia Statewide Fire Prevention Code (13VAC5-51).

"CCJB" means Community Criminal Justice Board.

"CCTV" means closed circuit television orelectronic surveillance system.

"Ceilings" means overhead interior surface thatcovers the upper limit of an interior room or space.

"Cell" means a space, the size of whichare is ] specified in this chapter,enclosed by secure construction containing plumbing fixtures and usually a bunkin which an inmate is detained or sleeps. Cells can be single or multipleoccupancy depending upon custody level.

"Cell tier" means levels of cells verticallystacked above one another within a housing unit.

"Central intake unit" means an area constructedto provide, at a minimum, space for intake, temporary holding, booking, courtand juvenile (if approved for juveniles) holding, classification, and releasefunctions.

"Classification unit" means a cell or unitutilized for short-term holding of inmates for classification purposes afterintake or booking and prior to being assigned to general population or otherhousing.

"Community based corrections plan" or"CBCP" means a comprehensive assessment of an owner's correctionalneeds and how these needs will be met through submissions of a needs assessmentand a planning study.

"Community custody" means inmates incarceratedby the judicial system and classified for involvement in local work forces;participating in work, education, and rehabilitation release; and weekend andnonconsecutive sentencing.

"Construction completion" means the constructionof the building is considered complete when a certificate of occupancy ortemporary certificate of occupancy is issued for the building to be occupied byinmates.

"Construction documents" means the detailedworking drawings and project manual containing detailed specifications andother supporting documents as approved by the reviewing authority.

"Contact visiting" means a space where inmatesand visitors at a minimum may pass papers to one another.

"Control room" means a space enclosed by securewalls, secure roof or secure ceiling, and secure floor from which a jailofficer may supervise inmates and control security systems in a portion of thejail, such as locks, doors, etc.

"Control station" means a space not enclosed bysecurity walls, roof or ceiling, and floor from which a jail officer maysupervise inmates and control security systems in a portion of the jail, suchas locks, doors, etc.

"Correctional facility" means the same as"local correctional facility."

"Dayroom" means a secure area contiguous to aninmate sleeping (cells or rooms) area, with controlled access from the inmatesleeping area, to which inmates may be admitted for daytime activities.

"Department" means the Department ofCorrections.

"Design capacity" means the maximum number ofgeneral beds for which the facility is designed and constructed based on thespace requirements in this chapter as established by the Board of Corrections.

"Direct supervision" means a specific style ofmanagement where correctional officers are stationed full time inside thedayroom rather than solely observing inmate activity from within secure controlpoints. Within this concept, services are generally brought to the inmaterather than taking the inmate to the service.

"Direct visual observation" means direct line ofsight by a correctional officer, not CCTV.

"Dormitory" means an area designed foraccommodating five or more inmates and used to house minimum custody andcommunity custody inmates.

"Encapsulation" means the same as "secureencapsulation."

"Expansion" means to add an area of newconstruction to an existing local correctional facility by constructingadditional areas.

"Facility" means a jail or lockup including allassociated buildings and site.

"50% completion" (of construction value) meansthe day the project reaches the 50% point between the issuance of a buildingconstruction permit and the issuance of the final certificate of occupancy.

"General population housing" means maximum,medium, minimum, and community custody housing. General population excludesspecial purpose cells and intake or booking.

"Glazing" means any infill material, usuallytransparent or translucent glass, polycarbonate or combination thereof, andrelated components, used in a framed assembly.

"Holding" means a space or room designed fortemporary containment of detainees or inmates while awaiting actions such astransfer, transportation, release, etc. Holding of this nature usually does notexceed four hours.

"Housing unit" means a group of single personcells, multi-occupancy cells, or group of such cells with a common dayroom,dormitory, intake, special purpose, or classificationareasarea ] that provide accommodations for sleeping, approved personaleffects, and personal hygiene.

"IMC" means intermediate metal conduit.

"Indirect supervision" means supervision methodother than direct supervision.

"Inmate" means any person committed to a jail bya legal commitment document.

"Inmate accessible" means areas an inmateoccupies or utilizes inside the secure perimeter, including all sally ports.

"Intake" means a cell, group of cells, and openseating within a jail designed to hold one or more persons while awaitingprocessing, booking, classification, orassignment ] tothe general housing units after booking. Intake holding time does not usuallyexceed 72 hours. Cells holding more than one person are frequently referred toas group holding.

"Interior partition" means a wall within thesecure perimeter, which is not required to be a perimeter security wall or aninterior security wall.

"Interior security walls" means walls within butnot a part of a secure perimeter that are utilized to restrict movement withinthe secure area, including housing units, dormitories, corridors, inmateactivity areas, intake area, kitchen, laundry, and program areas.

"Jail" means the same as "localcorrectional facility."

"LIDS" means LIDS-VACORIS, the CompensationBoard's inmate data system.

"Life safety operations" means the function ofcertain electrical, mechanical, and other building equipment provided for thepurpose of ensuring the life, health, and safety of building occupants in thecase of an emergency situation.

"Light" means the same as "artificiallight" ] or" ] naturallight."

"Local correctional facility" means any jail,jail farm, or other place used for the detention or incarceration of adultinmates, excluding a lockup, which is owned, maintained, or operated by, orunder contract with, any political subdivision or combination of politicalsubdivisions of the Commonwealth. This shall also include facilities operatedby a private entity under contract with a regional jail authority underprovision of § 53.1-71.1of the Code of Virginia ].

"Locality" means a county or city.

"Lockup" means a facility, separate from a jailfacility, operated by or for a local government for detention of persons for ashort period of time as stated in 6VAC15-40-10.

"Master control" means the principal secure roomof the entire facility where the control of safety and security of the jailthrough electronic equipment for surveillance, communication, fire and smokedetection, and emergency functions. This room is enclosed by walls, roof orceiling,and ] floor assemblies meeting secureperimeter requirements as well as having opening protectives meeting ASTM Grade1 requirements. This room includes control of the entrances to the jail throughthe secure perimeter and capability of control of ingress and egress to cells,dayrooms, corridors, and other spaces within the entire jail.

"Maximum custody inmates" means persons whocannot be allowed to mingle physically with other inmates without closesupervision, normally because of assaultive and aggressive behavior or highescape risk.

"Medium custody inmates" means those persons whorequire a moderate level of staff supervision and secure accommodations againstescape, but who can be allowed to participate in group activities.

"Mezzanine" means the same as "celltier."

"Minimum custody inmates" means those inmatesclassified as not dangerous or likely to escape, but who are of sufficientconcern to require a minimum level of supervision.

"Minor renovation project" means renovationproject that does not result in an increase in beds and has an estimated costof less than $1 million.

"Multiple occupancy cell" means a cell designedfor two, three, or four inmates.

"Natural light" means light provided by sunlightas viewed from within a housing unit.

"Needs assessment" means an evaluation of trendsand factors at the local or regional level affecting current and futurefacility needs, and the assessment of resources available to meet such needs.The needs assessment is used as the basis for a request for reimbursement oflocal correctional facility construction costs.

"New construction" means to build, expand, orreplace a local correctional facility.

"Operating capacity" means the same as"design capacity."

"Owner" means the locality, localities, or jailauthority responsible for making decisions about the project.

"Owner's agent" means the person or firmdesignated by an owner to make decisions concerning the project.

"Per inmate" or "per bed" means foreach general population bed.

"Piping" means pipes associated with heating,cooling, condensate, domestic water, gas, steam, sewer, storm drain, roofdrain, and fire protection.

"Planning study" means a document providing theanticipated operating program, staffing, operating costs, building design, and costfor construction, expansion, or renovation of a local correctional facilitythat is used as the basis for a request for funding of project costs forreimbursement and initial determination of compliance with this chapter.

"PREA" means the Prison Rape Elimination Act(Public Law 108-79).

"Project" means new construction, renovation, orexpansion of a regional or local jail correctional facility. This includesplanning, design, and construction.

"Public" means all persons with the exception ofprofessional visitors, such as legal, clergy, counselors, pretrial, probation,parole, and law enforcement, and others as authorized by the local correctionalfacility.

"Regional jail" means, for purposes of statereimbursement for construction costs, those jails that meet the criteria setforth in §§ 53.1-81, 53.1-82 and 53.1-95.2 of the Code of Virginia,andany ] jail having at least three member localities that was createdbefore February 1, 1993, or any jail construction project recommended forapproval by the Board of Corrections as a regional jail prior to February 1,1993. For the purposes of this term, "created" means localitieshaving submitted resolutions of local governing bodies or cooperativeagreements, and "cooperative agreements" means a formal contractbetween those jurisdictions participating in a regional jail that specifiestheir mutual financial and legal obligations relating to the ownership,administration, and maintenance of the jail.

"Renovation" means the alteration or othermodification of an existing local correctional facility or piece of equipmentfor the purpose of modernizing or changing the use or capability of such localcorrectional facility or equipment. Renovation does not include work on orrepair or replacement of any part of an existing local correctional facility orequipment, which may be generally associated with normal wear and tear orincluded in routine maintenance. Renovation renders the facility, item, or areain compliance with this chapter and superior to the original.

"Repair" means the correction of deficiencies ina local correctional facility or of equipment, which have either been damagedor worn by use but which can be economically returned to service withoutreplacement.

"Replacement" means the construction of a localcorrectional facility in place of a like local correctional facility or thepurchasing of like equipment to replace equipment that has been so damaged orhas outlived its useful life that it cannot be economically renovated orrepaired.

"Reviewing authority" means the representativesof the Department of Corrections or the Department of Criminal Justice Servicesresponsible for reviewing required documents and attending required meetingsand whose responsibility it is to interpret and determine compliance with thischapter.

"Sally port" means a secure vestibuleconstructed of secure walls, secure ceiling, and secure floor with two or moreinterlocking, secure doors. Fixtures within sally ports shall be maximumsecurity.

"Secure," as relates to construction, meanswalls, floors, ceilings or roofs, doors, and windows are constructed inaccordance with the secure construction requirements of this chapter.

"Secure area" means all spaces located withinthe secure perimeter. (See secure perimeter).

"Secure encapsulation" means protect againstvandalism or damage with concrete, masonry, steel, or other approved secureconstruction meeting the requirements of this chapter.

"Secure enclosure" means secure walls, securefloors, and secure roof or secure ceiling surrounding a space or area.

"Secure perimeter" means the outer limitsof a jail or lockup where walls, floor, roof, and ceiling, constructed inaccordance with the requirements of this chapter, are used to prevent egress byinmates or ingress by unauthorized persons or contraband. ]

"Security cap" means secure protection of thetop of a room or space with concrete, sheet metal, or security ceiling asspecified in this chapter to complete the secure encapsulation of the room orspace.

"Secure perimeter" means the outerlimits of a jail or lockup where walls, floor, roof, and ceiling, constructedin accordance with the requirements of this chapter, are used to prevent egressby inmates or ingress by unauthorized persons or contraband. ]

"Special purpose cells" means cells within thesecure perimeter that include isolation, segregation, medical, protectivecustody, or other special use cells.

"State responsible inmates" means those inmateswith felony sentences and sentenced to the custody of the Department ofCorrections in accordance with § 53.1-20 of the Code of Virginia or otherapplicable state law.

"Supervision" means the act or process ofperforming responsible care over inmates.

"Support services areas" means all areas withinthe facility excluding inmate housing units. Also known as core or core space.

"Sustainable design and constructioninitiatives" means balancing economic, environmental, and equityconsiderations by reducing negative environmental impacts of site selection anddevelopment, optimizing the energy and water performance of the building andsite, using environmentally sensitive building materials, and protecting thehealth and comfort of building occupants. Sustainable design and constructioninitiatives are benchmarked by third-party rating systems such as LEED or GreenGlobes or by documenting compliance with ASHRAE 189.1 or the InternationalGreen Construction Code.

"Tier" means the same as "cell tier."

"Value management analysis" or "VMA"means an analysis of facility design for the purpose of satisfying requiredfunction, and cost effectiveness, while providing the best quality andefficiency for the project.

"Value management team" means a team of peopleindependent from the owner or the owner's A/E headed by a certified valuespecialist and a combination of the following disciplines based on phase andnature of the project: architecture, security, civil or site engineering,mechanical and electrical engineering, and cost estimator.

"Vehicular sally port" means a drive-in ordrive-through made secure preferably by remotely controlled electricallyoperated interlocking doors for entrance and exit. It is normally located inclose proximity to the facility intake.

6VAC15-81-30. (Reserved.)

6VAC15-81-40. Expansions or renovations.

Expansions or renovations to any facility shall conform tothe requirements of this chapter for new construction without requiring theexisting portion of the facility to comply with all requirements of thischapter. Exception: Those areas in an existing facility that are impacted by anexpansion (such as the adding of bedspace impacting the need for more space inthe kitchen, visiting, recreation, etc. if these services are not provided forin the expansion) may be required to be upgraded. The maximum upgrade requiredwould be to provide additional space that would be required for the number ofpeople for whom new bedspace is being built.

6VAC15-81-50. Localities with multiple facilities.

For localities with jail facilities having multiplefacilities, compliance with this chapter shall be determined based on allfacilities as a whole as well as the needs and functions of each individualfacility.

6VAC15-81-60. Review and inspections.

Review of documents by the reviewing authority, fireofficial, local building official, and other officials or agencies shall berequired. These reviews are performed at the preliminary and constructiondocument stages. A final inspection shall be performed and documented inwriting by all officials and agencies involved in the review process. Thereviewing authority's review and inspections shall be limited to those areaswithin the scope of the project.

6VAC15-81-70. Conflict between this chapter and buildingcodes or other standards.

In the event of a conflict between this chapter andbuilding codes or other standards, the most restrictive requirement shallapply.

6VAC15-81-80. Compliance.

A. The facility shall be designed and constructed inaccordance with this chapter. It shall be the responsibility of every personwho performs work regulated by this chapter, including those involved withplanning, design, construction, renovation, or installation of a structure orequipment, to comply with this chapter. Review or inspection by the reviewingauthority does not relieve the owners or their agents from the requirement tocomply with this chapter.

B. Definitions in this chapter are a part of therequirements of this chapter.

C. Any agreement entered into by the owner to design orconstruct a local correctional facility shall include the requirement to complywith this chapter. This compliance shall be noted on the constructiondocuments.

6VAC15-81-90. Modifications.

A. Any request for modification shall be submitted,separate from the planning study, in the form of a request and resolution fromthe jail authority or board, city council, ] orboard of supervisors to the reviewing authority sufficiently in advance of thedeadline for submission to the Board of Corrections to be reviewed, analyzed,and included in the desired Board of Corrections meeting agenda. The requestfor modification shall include a detailed analysis supported by documentationand historical data to justify the request.

B. A staff analysis shall be prepared by the reviewingauthority for each modification request. The staff analysis shall include thesection of this chapter being modified, an analysis to determine whether or notthe modification meets the intent of the section being modified, an analysis ofwhether the modification has been granted in the past or has any ramificationsthat might affect current or future jail construction or security, and theanalysis shall include a staff recommendation to the board.

C. Upon consideration, the board may grant modificationsto any of the provisions of this chapter provided the spirit and intent of thischapter is observed and inmate, staff, and public welfare, safety, and securityare not compromised. The board has the ultimate responsibility to grantmodifications to this chapter and shall not be bound by the position of staffand shall also consider information provided by the locality or localities. Thefinal decision of the board on any modification shall be recorded in boardminutes.

Part IISubmission of a Community Based Corrections Plan

Article 1General

6VAC15-81-100. Document submission schedule and method.

A. Prior to preparation of a community based correctionsplan (CBCP) as required by § 53.1-82.1 of the Code of Virginia, any city orcounty or combination thereof intending to seek reimbursement for a jailproject shall contact the Department of Corrections, Compliance, Certification,and Accreditation Unit to have a meeting to discuss the requirement ofcompleting a CBCP.

B. All documents in this section shall be submitted to thedepartment in accordance with the budgeting time schedule as outlined in§ 53.1-82.3 of the Code of Virginia or the appropriation act.

C. Documents shall be as follows:

1. Needs assessment. Four paper copies and one electroniccopy of the community based corrections plan, prepared in accordance with thisarticle, shall be submitted to the Department of Corrections, Compliance,Certification, and Accreditation Unit. A needs assessment is not required forprojects that do not increase bed capacity and for which the owner does notseek state reimbursement for construction, staffing, or operating cost.

2. Planning study. Three paper copies and one electroniccopy of the planning study, prepared in accordance with this article, shall besubmitted to Department of Corrections, Compliance, Certification, andAccreditation Unit.

3. Minor renovation project. Three paper copies and oneelectronic copy of minor renovation project information prepared in accordancewith 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department ofCorrections, Compliance, Certification, and Accreditation Unit. A needsassessment is not required for minor renovation projects that do not increasecapacity.

4. Modifications. Three paper copies and one electroniccopy of minor renovation project information prepared in accordance with6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department ofCorrections, Compliance, Certification, and Accreditation Unit.

5. Resolution and cooperative service agreement. Two papercopies and one electronic copy of minor renovation project information preparedin accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted toDepartment of Corrections, Compliance, Certification, and Accreditation Unit.

An executed cooperative service agreement, whereapplicable, and resolution shall be submitted to the reviewing authority priorto board consideration of the project. The owner shall submit the following tothe Department of Corrections, Compliance, Certification, and AccreditationUnit:

a. Single locality facility. An ordinance or resolution ofthe local governing body requesting reimbursement funding,. ]

b. Multijurisdictional facility not qualifying for regionaljail status reimbursement pursuant to § 53.1-81 of the Code of Virginia. Ajoint resolution of or individual resolutions from the local governing bodiesrequesting reimbursement funding.

c. Regional jail board or jail authority facility. Pursuantto § 53.1-81, a joint resolution of or individual resolutions from thegoverning bodies of the established regional jail board or a resolution fromthe regional jail authority requesting reimbursement funding and a cooperativeservice agreement detailing the financial and operational responsibilities ofthe participating jurisdictions or jail authority.

6. Financing method. If the project is being financed,detailed information on the financing and financing method shall be provided tothe Treasury Board in accordance with its requirements.

7. ] The reviewing authorityshall verify documentation has been received by required deadlines and arecorrect, and advise the locality of any errors or discrepancies in theirsubmittal.

6VAC15-81-110. Community based corrections plan requirement.

An owner requesting reimbursement for new construction,expansion, or renovation, staffing, or operating cost of a jail project thatresults in a net increase of available beds shall prepare and submit forapproval a community based corrections plan.

6VAC15-81-120. Local responsibility for community basedcorrections plan.

A. The community based corrections plan shall be developedby the owner or owners, or an agent of the owner or owners. Pursuant to §9.1-180 of the Code of Virginia, the community criminal justice board (CCJB)shall review the findings and recommendations of the needs assessment componentof the community based corrections plan.

B. Oversight and amendment by CCJB is limited to thefollowing situations:

1. Where a multijurisdictional CCJB, established inaccordance with the provisions of § 9.1-178 of the Code of Virginia, hasmembership of the governing bodies of jurisdictions not involved in theconstruction, expansion, or renovation of the regional jail project, asubcommittee shall be established comprised of the required members of the CCJBrepresenting the participating jurisdictions and their governing bodies.

2. In those projects in which more than one locality isinvolved and each locality has a separate CCJB or the localities are members ofdifferent multijurisdictional CCJBs, a subcommittee shall be establishedcomprised of the required members of the CCJB representing the participatingjurisdictions and their governing bodies.

6VAC15-81-130. Community based corrections plan contents.

A community based corrections plan includes:

1. A needs assessment for projects increasing ratedcapacity by more than 24 beds or more than 40% of rated capacity, whichever isless per 6VAC16-81-40 through 6VAC15-81-90.

2. A planning study per 6VAC16-81-40 through 6VAC15-81-90.

6VAC15-81-140. Localities not operating a jail.

For a locality not currently operating a jail, the needsassessment portion of the community based corrections plan shall be based onhow the locality is managing its current inmate population through utilizationof other local correctional facilities and community based alternative programsand services. Localities requesting reimbursement for new single jurisdictionjail or regional jail construction must comply with current appropriation actlanguage.

Article 2Contents of the Community Based Corrections Plan

6VAC15-81-150. Needs assessment.

A. The needs assessment is an evaluation of trends andfactors at the local or regional level affecting current and future facilityneeds, and the assessment of resources available to meet such needs that isused as the basis for a request for reimbursement of local correctionalfacility construction costs.

B. The needs assessment shall address each of the elementsof 6VAC15-81-160 through 6VAC15-81-260.

6VAC15-81-160. Funding priority.

The needs assessment shall include a statement identifyingwhich Board of Corrections funding priority or priorities the plan and jailproject addresses, per 6VAC15-81-320.

6VAC15-81-170. Analysis of criminal justice and inmatepopulation data.

A. The needs assessment shall include an analysis ofcriminal justice and inmate population data as required by this chapter.

B. In order to evaluate the impact of the various criminaljustice components on the jail population, the following data shall be providedfor each locality participating in the needs assessment for the most recentfive calendar years.

1. A table and an analysis of annual trends for the totaladult arrests for Part A and B offenses from the latest edition of "Crimein Virginia" published by the Virginia State Police.

2. A table and an analysis of annual trendsfortfor the ] total adult arrests currently defined as "OnView," "Taken into Custody," and "Summonses" and acomparison of these totals to those presented in subdivision 1 of thissubsection. This data is available from the Research Unit of the VirginiaDepartment of Criminal Justice Services.

3. A table and an analysis of annual trends for processdata from the Supreme Court of Virginia from the Magistrate Information Systemincluding the total number of:

a. Bonds.

b. Commitment orders - bail.

(1) Felony.

(a) Secured.

(b) Unsecured.

(c) Recognizance.

(d) Held without bail.

(e) Release by judicial officer to custody of responsibleperson or when accused is no longer intoxicated.

(2) Misdemeanor.

(a) Secured.

(b) Unsecured.

(c) Recognizance.

(d) Held without bail.

(e) Release by judicial officer to custody of responsibleperson or when accused is no longer intoxicated.

(3) Release orders.

4. A table and an analysis of annual trends for data fromthe State Compensation Board Local Inmate Data System (LIDS).

a. Total new "Pretrial Monthly Commitments" bymonth and by felony, and misdemeanor or ordinance violators for those awaitingtrial. This report is available on the State Compensation Board website under"LIDS, the Forms Maintenance Menu" for individual jails or from anylocal pretrial services agency that currently serves the jail or jails inquestion.

b. Comparison and analysis of the total number of new"Pretrial Monthly Commitments" in subdivision 4 a of this subsection,with the total "Commitment Orders" in subdivision 3 b of thissubsection.

c. A separate report of the total number of "PretrialCommitments" in subdivision 4 a of this subsection above that werereleased for the following LIDS "Reason Release Codes":

(1) 19 - To bond.

(2) 49 - To pretrial service program.

d. Report of the total annual commitments "ServingSentence" separately by misdemeanor and felony, for the following LIDS"Reason Confined Codes":

(1) 20 - Serving sentence.

(2) 29 - Weekend or nonconsecutive days.

(3) 26 - Work release.

e. Reports of the admissions in subdivision 4 d of thissubsection, report the number released for the following LIDS "ReleaseReason":

(1) 16 - Time served.

(2) 33 - To Department of Corrections.

(3) 39 - Sentence served.

5. A table and an analysis of total average monthly adultADP for the most recent 60 months by felony, misdemeanor, and ordinanceviolation categories for local responsible populations and for felony stateresponsible populations. Data is available from the State Compensation Boardwebsite under LIDS.

6. A table and an analysis of annual trends foridentification of the following subpopulations separately:

a. The "overflow" population being held inanother jail or jails.

b. The ADP help for:

(1) Federal authorities.

(2) Out-of-state authorities (non-state warrant).

(3) Other localities including payment agreements, courtesyholds for other localities, and exchange agreements. This does not includeprisoners held in accordance with regional jail service agreements or jointlyoperated facilities.

(4) State responsible inmates held by agreement, jailcontract bed or JCB or work release.

c. Localities currently without facilities can calculatethe average daily population from total prisoner days reported for prisonersheld for their locality by another jail or jails (use Federal InformationProcessing System Code in LIDS for specific locality or localities involved).

7. A table and an analysis of annual trends for totalplacements by felony and misdemeanor, where applicable, for the followingservices for each jurisdiction in the project served by the following agencies:

a. Agency.

(1) Pretrial service agency.

(2) Community based probation services agency.

(3) State adult probation and parole district office (probationcases only).

(4) Drug courts.

b. For pretrial and local community based probationservices, the average daily caseload under supervision based on totalsupervision days.

c. For all other programs, the average of the totalpopulation under active supervision at the beginning and the end of thecalendar or fiscal year.

d. For all programs and services:

(1) The total annual placements, where applicable, formisdemeanors and felony defendants and inmates.

(2) A description of each program including fiscal agent,administration and management, staffing, and annual budget or operating costs.

6VAC15-81-180. Assessment of existing resources.

A. The needs assessment shall include an assessment ofexisting resources, including existing local correctional facilities, anylockups or other community based facilities that reduce the demand on jailspace needs, and all pretrial and post-disposition alternatives, programs, andservices.

B. The information provided pursuant to subsection A ofthis section shall include a description of the existing jail or jails in locallockups and correctional facilities that impact the project including:

1. The date of construction and dates of subsequentrenovations or expansions;. ]

 

2. The current rated capacity as established by theDepartment of Corrections;. ]

3. A table indicating the total number of housing unitsincluding cell blocks, dormitories, and other housing units used for generalpopulation inmates. The tables for existing facilities shall be set up similarto the example table in subdivision 4 of this subsection.

4. A table indicating the design capacity and the totalnumber of beds for each of the housing areas. The description and calculationof the existing facility's needs shall be consistent for each facility. Thetables for the existing facility shall be set up using the following examples:

 

Example table for subdivisions 3 and 4 of this subsection.

Floor

Unit name

Unit type

#Cells/dorm

per unit

DOC

op. cap.

Unit op. cap. x sq. ft.

Dayroom op. cap. x sq. ft.

#Perm. beds per unit

Sq. ft. per bed

Dayroom sq. ft./bed

1

Block A

Cell

6

6

6x70=420

6x35=210

6x2=12

35.0

17.5

5. A table indicating the existing square footage available per inmate in each cell, dormitory, and dayroom.

Example table for subdivision 5 of this subsection.

Unit Name

Security/Custody Level

Pop. on (Date)

Total sq. ft. per person in unit

Total sq. ft. per person in dayroom

Total Aggr. sq. ft. per inmate

Cell A

Med

16

26.3

13.1

39.4


6. The total number, type, and capacity of special purpose areas.

7. A statement of the number of stories and aggregate floor space in the facility.

8. A statement about the general condition of the facility and the feasibility of continued future use and, if applicable, the status of the action plan to correct physical plant deficiencies identified in the latest inspection or certification audit report.

9. A description and table depicting administrative, operating, and inmate program space and a description of the impact of the limitations that lack of space, inadequate space, or the design of the facility has on administration, operations, and security.

10. Where applicable, the impact that the holding of juveniles has on the design and operation of the facility.

11. A copy of the most current department inspection report for life, health, and safety and a copy of the most current department certification audit shall be submitted.

12. If the facility is to remain open as a jail, a jail condition assessment on major buildings and building systems shall be performed by a licensed A/E, and costs associated with necessary upgrades shall be provided. The cost of staffing and documentation of staff efficiency for continued operation shall also be provided. Analysis of the condition assessment shall be based on health safety issues, excessive maintenance costs, excessive repair costs, excessive staffing due to design, limited capacity, program space, and distance to other facilities associated with a regional jail.

C. The needs assessment shall include for the last fiscal year, a description of each program and a data table providing the number of placements, the average daily population, and where applicable, the annual number of bed days saved by each jail-based program, and a plan to increase the utilization of the impact of the various criminal justice components on the jail population to include:

1. Jail work force.

2. Work release.

3. Home or electronic incarceration.

4. Weekend sentencing work options.

6VAC15-81-190. Analysis of existing criminal justice practices.

A. The needs assessment shall include an analysis of existing criminal justice practices and the impact they have on the use of existing and the need for future jail space, including arrest, bail, pretrial alternatives, commitments, sentencing practices, post-trial alternatives, Department of Corrections probation and parole violators, and state responsible felony inmate populations.

B. A description of the effect of current magistrate; court; public defender; and prosecutorial case management practices, policies, and procedures on the length of stay in jail. Included shall be a plan to improve criminal justice services, to include the staff and other resources necessary to effect a reduction in pretrial and post-dispositional length of stay in jail. Strategies to improve these practices and services shall be included and shall address such factors as:

1. The current use of summonses issued by law-enforcement agencies in lieu of arrest in certain criminal misdemeanor offences.

2. The current use of unsecured bond or pretrial services by magistrates.

3. Video arraignment in lieu of transportation to court.

4. Specifically for regional projects.

a. Cross court arraignments for confined defendants awaiting trial.

b. The need and solutions forshort term short-term ] holding of defendants following arrest.

c. An assessment of travel distance and times to a proposed regional facility.

d. Where applicable, a collocated juvenile detention facility.

6VAC15-81-200. Recommended resources to improve or expand existing and establish new alternatives.

The needs assessment shall include recommended resources, including the necessary funding, necessary to improve or expand existing and establish new pretrial and post-disposition alternatives.

6VAC15-81-210. Impact from the loss of local jails.

The needs assessment shall include an examination of transportation costs, costs associated with closing of existing facilities, and the impact that the loss of local jails will have on the operation of local sheriff's offices and law-enforcement departments related to the current and future need for:

1. Lockups.

2. Short-term holding.

3. Court holding.

4. Staff availability for law-enforcement activities.

6VAC15-81-220. Specific jail population forecast.

A. The needs assessment shall include a forecast of the future total average daily population as follows:

1. A table of data utilized shall be included in the forecast section and shall be based on a minimum of 60 monthly data points including a description of the timeframes and the unit of analysis.

2. A graph that plots the local responsible inmate and state responsible inmate population separately and a table with the calculation of the percent local responsible and state responsible population during the period of analysis presented in the forecast data base.

3. A calculation of the average percent of the local responsible inmates and state responsible inmates in the total jail population including state responsible inmates greater than 90 days as reported by State Compensation Board.

4. The results of the preliminary population data analysis such as trends and correlation structure.

5. A presentation of three to five forecasts (the specification, parameters, and diagnostic information from each model) selected from any of the following models:

a. Linear regression analysis.

b. Exponential smoothing models.

c. Autoregressive integrated moving average models.

d. Structural forecasting models (multiple regression analysis).

e. Other forecasting models preapproved by the reviewing authority.

6. The forecast shall exclude the ADP of detainees:

a. Held for other localities (includes those held for payment, by courtesy, or for exchange) for jurisdictions not participating in a jointly operated or regional jail, or held in a single jurisdiction jail.

b. Held for federal authorities.

c. Contract inmates.

d. Held for out-of-state authorities (non-state warrant).

B. The needs assessment shall include a forecast consisting of:

1. A year-by-year forecast based on the projected year of occupancy plus a minimum of 10 years.

2. A test of the model selected demonstrating its ability to forecast the most recent year's population.

3. The presentation of a forecast based on one of the models and the discussion of why it was selected for the jail project.

4. An additional 10-year estimate in yearly increments (based on the year of occupancy plus 20 years) for use in estimating the facility support service areas needs in the planning study. For new facilities if future expansion is anticipated, consideration shall be given to increasing support services areas by 50% to accommodate future expansion.

C. The needs assessment shall include the impact of state responsible prisoner population in local jails for each of the last five calendar or fiscal years.

1. The year-to-year growth trend for the state responsible felon population.

2. The percentage of the total for which state responsible population accounted.

3. The mean, median, and mode state responsible population.

D. The needs assessment shall include a report for the last calendar or fiscal year:

1. Separately, the number of inmates committed to jail solely for a probation violation (confinement awaiting probation revocation hearing) or for a parole violation (confinement awaiting parole revocation hearing).

2. The total prisoner days and a calculation of the ADP, separately, for each of the two confinement categories listed in subdivision 1 of this subsection.

3. The total prisoner days or monthly ADP for all state responsible felon inmates calculated from the date of final sentencing to release or transfer to the Department of Corrections.

6VAC15-81-230. Analysis of defendant or inmate management practices.

A. The needs assessment shall include an analysis of the effect that the defendant or inmate management practices of law enforcement, magistrate, court, public defense, prosecution, local and state pretrial and post-trial alternative programs and the Department of Corrections have had on admissions to, releases from, and length of stay in jail.

B. The needs assessment shall include recommendations and agreements to eliminate or reduce the impact on jail bed space needs and to improve the practices of these services, including procedural changes, staffing, and the budget resources necessary to effect or implement these changes.

6VAC15-81-240. Program or procedural strategies for reducing the jail population forecast.

The needs assessment shall include a presentation of the program or procedural strategies for reducing the jail population forecast, which shall be based on strategies for the expansion of existing and the establishment of new programs designed to divert misdemeanant and felon defendants and inmates detained in jail awaiting trial or actively serving sentences or reducing their lengths of stay. The strategies shall include a description of the proposed services, costs for implementing or expanding services, and, if possible, staff and other resources necessary to implement expanded or new programs. Strategies to be considered include:

1. Mental health diversion or alternative programs, services, or facilities.

2. Development or enhancement of a pretrial services agency.

3. Home or electronic incarceration or monitoring.

4. Programs that divert defendants from jail, prosecution, or conviction who have been charged with offenses for which they can receive a sentence to jail.

5. A program that reduces the awaiting trial length of stay through court-approved credit for voluntary work on public property by any adult confined in jail awaiting disposition for a nonviolent misdemeanor or felony offense.

6. Development of or enhancement of local community based probation services for local responsible misdemeanant and felon inmates placed on probation following a sentence of 12 months or less or following a deferred proceeding.

7. Jail based home electronic incarceration program for inmates actively serving sentence in jail. Sentenced inmates can be confined at home in lieu of being held in jail.

8. A jail based public work force program that reduces the post-disposition length of stay through court approved credit for voluntary work on public property by any adult confined in jail serving a sentence for a misdemeanor.

9. A state or local day reporting center that will divert probation and parole violators from jail.

6VAC15-81-250. Proposed project.

A. The needs assessment shall include a table depicting the current jail housing and special purpose spaces in accordance with construction standards at the time that it was built that will be in continued use for the proposed project and the designated spaces proposed for the new construction.

B. The needs assessment shall include the recommended size of the proposed facility including the total number of cells, dormitories, or housing units necessary for general population, and community custody and special purpose housing, if applicable, special purpose, and short population management. This is the number to be used as the "relative size" of the proposed facility as required by 6VAC15-81-290.

C. The needs assessment shall include the proposed facility size based on future estimates and the need for management bed space in accordance with the requirements for design and construction set out in this chapter. Provide information ina ] tableas ] shown in the example table in this section.


Bed Distribution: Existing or Proposed

Existing Jail

Special Purpose

Temporary Housing

 

Rated Capacity

Maximum

Medium

Minimum

Community Custody

 

 

Existing Jail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Subtotal

 

 

 

 

 

 

 

New Facility

 

 

New Facility

 

 

 

 

 

 

 

Total

 

 

Grand Total

 

 

 

 

 

 

 

Percentage Distribution

 

 

 

 

 

 

 


6VAC15-81-260. Conclusions and recommendations.

The needs assessment shall include conclusions and recommendations for implementation or improvement of programs and services as a part of the recommended jail project.

6VAC15-81-270. Needs assessment review.

A. The Department of Corrections and the Department of Criminal Justice Services shall review the needs assessment for compliance with this chapter and validation of the need for additional beds.

B. The Department of Corrections shall provide to the Board of Corrections a report on its review of the needs assessment for compliance with this chapter and validation of the need for additional beds.

C. The Board of Corrections shall evaluate the needs assessment to determine whether the assessment complies with this chapter and validates the need for the construction, expansion, or renovation project for which reimbursement is requested. The board may approve the needs assessment as presented. The board may require amendments or it may deny approval.

6VAC15-81-280. Planning study requirements.

A. An owner proposing a new construction, expansion, or renovation project shall prepare and submit for approval a planning study in accordance with this article with the exception of those projects qualifying as a minor renovation project as specified in 6VAC15-81-300.

B. The owner or the owner's agent shall contact the Department of Corrections, Compliance, Certification, and Accreditation Unit for guidance in interpreting these procedures and requirements for planning study documentation submissions.

C. The Department of Corrections shall not assist in the preparation of a planning study but may provide guidance and shall respond to requests for clarification of the requirements.

6VAC15-81-290. Required information for planning study.

A. The planning study shall include a statement acknowledging owners' and consultants' responsibilities for compliance with this chapter.

B. The planning study shall include a statement of the planned general population design capacity, as well as the number and capacity of temporary holding and special purpose cells of the proposed facility as detailed and approved in the needs assessment. If the capacity detailed in the planning study deviates from the forecasted capacity need shown in the needs assessment, the proposed interim capacity of the facility and the plan showing future expansion for achieving the approved capacity shall be detailed.

C. The planning study shall include, if applicable, a statement of rated capacity of the existing facility including current capacity of housing for custody levels, temporary holding, and special purpose.

D. The planning study shall include the operating program.

1. For new facilities, a written operating program describing the operating procedures envisioned for key operational functions such as, but not limited to, intake or release, inmate escorting, movement to and from court, medical, visitation, food services, program delivery, use of proposed technology, and related services such as video arraignment and telemedicine.

2. For renovations and expansions, any changes to the operating procedures shall be provided.

E. The planning study shall include a facility planning program setting forth the project requirements for building space by function, size, and quantity and addressing any special design considerations unique to the project.

F. The planning study shall include site data including site size, availability of utilities, and any other features of the site that would impact the facility design or cost.

G. Localities considering a campus style design concept that is designed to require the inmates to walk outdoors to access multiple buildings on the same site shall submit a written statement to the Board of Corrections detailing the management concept, anticipated staffing levels, and cost savings anticipated in construction and operation of the facility by this concept. Included in this request shall be a list of any specific sections of this chapter or 6VAC15-40 that are in conflict with the proposed facility with this management style and for which modification requests will be submitted. Explanation shall be given of how the security of individual buildings is provided in accordance with this chapter.

H. The owner shall submit a written statement to the Board of Corrections detailing the management concept (e.g., direct supervision, indirect supervision, hybrid, etc.) and anticipated operating procedures for the facility and anticipated staffing levels. Included with this statement shall be a request for modifications of specific sections that are in conflict with the proposed facility management style.

I. The planning study shall include a written description of the project setting forth:

1. The rationale for the building design.

2. The type of construction proposed.

3. A description of basic building materials and systems. (structural; heating, ventilation, or air conditioning; security; etc.).

4. The size of the facility in gross square feet of floor area and size of facility in number of general population beds.

5. Building code designations as to the intended use group or groups, building code occupant loads, occupant load per this chapter, and construction type or types.

6. Provisions for future expansion based on findings in the facility program and needs assessment with number of beds, increased core, and support space.

7. Descriptions of proposed technology and related services.

8. Descriptions of sustainable design and construction initiatives proposed including energy conservation, resource management and environmental enhancements that can be benchmarked by third-party rating systems such as LEED, Green Globes, documenting compliance with ASHRAE 189.1, or the International Green Construction Code. Descriptions shall include benefits to the facility's users, environmental benefits and estimated paybacktime-frames timeframes ]. Initiates resulting in an increase in project costs shall be identified and include estimated costs.

9. Identification of specific items or features that increase the project cost of a median or basic jail building.

J. If the original jail is to remain open as a jail, the planning study shall include an assessment of the condition of the jail shall be performed by a licensed A/E, and estimated costs associated with necessary upgrades and phases shall be identified. The cost of staffing and documentation of staff efficiency for continued operation shall also be provided. Analysis of the condition assessment shall address life, health, and safety issues; excessive maintenance costs; excessive repair costs; excessive staffing due to design, limited capacity, program space, and distance to other facilities associated with a regional jail.

K. The planning study shall include conceptual floor plan or plans at a scale not smaller than 1/16 inch per foot, with indication by distinct symbols, overlays, or other means to denote the secure perimeter of the facility.

L. The planning study shall include conceptual building elevations at a scale not smaller than 1/16 inch per foot.

M. The planning study shall include a conceptual site plan at a scale not smaller than one inch per 60 feet indicating existing and proposed buildings, vehicular circulation, parking, outdoor recreation facilities and areas, security fences or walls, and future building expansions.

N. The planning study shall include a conceptual building section at a scale not less than 1/16 inch per foot if required to explain a multilevel building design.

O. The planning study shall include an energy analysis containing comparative fuel costs and energy conservation investigations including construction cost increase and savings, payback energy efficiency initiatives and other factors supporting the heating, ventilation, and air conditioning systems and fuel selection.

P. The planning study shall include an analysis of staffing needs and a six-year operating budgetcosts cost ] for the proposed facility that includes:

1. Security positions indicating type of inmate supervision system proposed, specific security posts required, and anticipated hours that each post will be manned.

2. Nonsecurity staff functions and anticipated hours the posts will be manned.

3. Operating budget costs, with items such as the cost of heating, ventilation, and air conditioning; utilities maintenance; food service; staff salaries; supplies; etc.

Q. The planning study shall include a construction cost estimate with a detailed description of the basis on which the estimate was made:

1. The construction cost estimate shall be based on the estimated cost as of the date of the planning study and shall also show the inflated values of the estimated costs as of the date of the midpoint of construction as proposed in the construction schedule. A chart shall be prepared in column format showing estimated building construction cost. Other costs as individual line items not included within the building envelope shall be added such as, but not limited to site development, professional fees, contingencies, permits, unusual site work, expanded core, and renovation. The estimate shall also show the sum of total project costs.

2. When projects involve a combination of two or more project types (new construction, renovations, and expansions) the construction cost estimate shall clearly identify the costs associated with each project type.

3. When items proposed exceed median construction costs, the construction cost estimate shall clearly identify such costs, and the need for such extraordinary work shall be fully explained and justified including the examination of alternative solutions. Examples of these items may include:

a. Expanded facility support services.

b. Unusual site conditions.

c. Utility runs beyond the limits of construction.

d. Virginia Department of Transportation turn lanes.

e. Sustainable design and construction initiatives.

4. When items proposed exceed median construction cost because of local requirement or desires, the work shall be specifically listed and the anticipated additional cost of each item identified. Portions of the project that are not eligible for funding reimbursement shall be clearly identified and costs tabulated separately. These items may include features such as:

a. Enhancements to meet local zoning or architectural requirements.

b. Stone facades.

c. Site constraints because of locations.

d. Slate roofs.

e. Retail stores.

f. Clock towers.

g. Copper roof.

h. Marble planters.

i. Brick outdoor recreation yard enclosures.

j. Loose equipment.

k. Inmate transportation tunnels or other passageways to courthouse.

5. In accordance with the Code of Virginia, only fixed equipment is reimbursable except in minimum security housing. Loose equipment or furnishings (i.e., those items not permanently or physically attached to the building) that are not reimbursable include the following items:

a. Blankets.

b. Chairs.

c. Curtains.

d. Desks.

e. Fire extinguishers.

f. Lamps.

g. Mattresses and pillows.

h. Medicines and medical equipment.

i. Movable beds.

j. Movable shelving.

k. Office equipment and furnishings.

l. Portable radios and communication devices.

m. Pots, pans, and utensils.

n. Small portable appliances.

o. Smoke machines.

p. Telephone handsets.

q. Televisions.

r. Uniforms.

s. Vehicles and vehicle equipment.

6. Additional items that are not considered to be eligible for reimbursement as a construction cost include:

a. Space for sheriff's functions unrelated to the operation of the jail.

b. Magistrate's offices.

c. Cost of financing or interest other than that calculated and provided by the Department of Treasury.

d. Land already owned by the owner.

e. Excess land not used exclusively for jail purposes.

f. Owner's operating or administrative budget or expenses.

g. Salary ofemployees an employee ] of any locality who is a participant in the jail project.

h. Owner's advertising fees, master planning, consultants, authority or board expense, legal fees, or similar items unrelated to planning, design and construction of the jail.

i. Selection of overly expensive design, building materials, or systems.

j. Repair of existing facility.

k. Oversized utility lines, central plants, or other similar services, onsite or off site, to provide service to facilities other than the jail now or in the future; if a portion of this is deemed reimbursable, it may be approved on a percentage of use by facility basis.

7. Items deducted from project cost:

a. Any money realized or planned to be realized from the sale or transfer of any building or real estate associated with existing jail in order to procure a site and construction of the new jail or expansion shall be reported and shall be deducted from the project cost.

b. Any grants received for construction shall be reported and shall be deducted from the project cost.

R. The planning study shall include a schedule for planning and construction of the project including at a minimum milestone dates for completion of design development drawings, completion of contract documents, start of construction (an executed construction contract and a notice to proceed), midpoint of construction, completion of construction, and projected date of occupancy.

S. The planning study shall include any other information that would be of value to a reviewing agency or the reviewing authority.

T. The planning study shall include a list of the sources of all allocated and projected construction or capital funds involved in the project.

6VAC15-81-300. Minor renovation projects; required information.

A. A locality or regional jail proposing a renovation project that does not increase design capacity and for which the cost is less than $5 million or higher if approved by the board shall submit the following in lieu of the planning study:

1. Identification of the problem, need, or reason for the project.

2. Description of current situation including:

a. Analysis of existing facilities to include space utilization, condition, and capacity of facilities.

b. Determination of existing and recommended facility procedures related to the need.

c. Examination of existing and recommended alternatives to fulfill the need and the feasibility of implementing such alternatives.

3. Detailed written description of the planned project including an analysis of any existing facility function that would be displaced, replaced, or enhanced by the proposed renovation.

4. Statement of who will be responsible for designing, supervising, and accepting the project for the owner.

5. Conceptual floor plans, at a scale not smaller than 1/16 inch per foot, with indication by distinct symbols, overlays, or other means to denote work to be done.

6. Analysis of the project impact on staffing.

7. Analysis of the project impact on operating costs.

8. Analysis of impact on the security of the facility.

9. Total estimated project cost with a description of the basis and a breakdown of the estimate into construction costs, fees, and other expenses.

10. Proposed construction schedule to include anticipated completion date.

11. Other project-specific information as determined by the reviewing authority.

B. Nonreimbursable items as listed in 6VAC15-81-290 Q also apply to minor renovation projects.

Article 3 Funding and Reimbursement

6VAC15-81-310. Criteria for board funding recommendation.

A. The board shall evaluate the need for the project as demonstrated by the information provided in the needs assessment, planning study, or the minor renovation project information.

B. The board shall take into consideration the operational cost efficiency of the interior design of the facility with special concern for the number of security staff required, functional layout, material selection, and utilities costs.

1. Security staffing levels will be generally based on the operational capacity of the facility and in accordance with the staffing ratio requirements of the appropriation act.

2. Any proposed facility requiring a less efficient staffing ratio than the appropriation act requirement shall be justified and approved by the board in order to be considered for reimbursement.

C. Economy of construction cost is necessary and will be reviewed as follows:

1. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the efficiency of the renovated spaces, the appropriateness of the proposed changes, and the relationship of the changes to the project as a whole.

2. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the adjusted median cost of local correctional facilities. The comparison of project costs to the adjusted median cost shall be made utilizing the appropriate estimated construction costs that were based on current cost values.

3. Increases and decreases in funding shall be based on costs listed in the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc., adjusted for appropriate variables. When reviewing the construction costs, the reviewing authority may recommend adjustment of the amount being requested for reimbursement funding for the following reasons:

a. When support service areas of the facility are not included, included at a size not in conformance with this chapter, or are included at sizes larger than necessary in anticipation of future expansion of the facility;

b. When planned facilities vary from the recommended custody level percentages contained in6VAC15-81-610 6VAC15-81-650 ] by more than 10% of each custody level;

c. When construction is proposed for space or spaces to be utilized for inmate industries; or

d. When site location circumstances warrant consideration.

D. The adjusted median cost of local correctional facilities shall be calculated by the department using national area averages based on the number of beds and the following procedure:

1. For jails housing maximum, medium, and minimum custody inmates, a cost per square foot base figure shall be the national median square-foot unit cost published in the latest edition of "Means Facilities Cost Data" or "Means Square Foot Costs" published by RSMeans Company Inc.

2. For dormitories providing only community custody housing a cost per square foot base figure shall be the national median square-foot cost for college dormitory from the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc.

3. The national square-foot cost shall be adjusted for applicability to Virginia localities by applying an adjustment factor given for appropriate class of structures in the local building construction multipliers section of the "Marshall Valuation Service Manual" published by Marshall & Swift, latest edition.

4. For the purposes of cost calculations only, the adjusted square-foot costs shall be multiplied by per-bed area allowances based on the national average gross square footage of facilities; the area allowances shall be:

a. Facilities housing maximum, medium, and minimum inmates - 400 square feet per bed;

b. Community custody housing facilities with 50 or fewer beds - 275 square feet per bed; and

c. Community custody housing facilities with more than 50 beds - 250 square feet per bed.

E. The adjusted median state construction cost of local correctional facilities shall be calculated by theDepartment department ] based on the number of beds and the following procedure:

1. Adjusted median cost for the local correctional facility shall equal:

a. National cost per square foot multiplied by local modifier multiplied by area allowance per bed as found in "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc. plus;. ]

b. Additives to the cost must be indicated and justified.

2. The amount recommended for project funding shall not exceed the adjusted median construction cost plus 10% plus other costs as addressed in 6VAC15-81-290, or planning study estimated cost, whichever is less. Costs exceeding the state allowed amount as calculated in 6VAC15-81-290 Q must be borne solely by the owner.

3. Construction cost shall be based on costs as of the midpoint of the construction schedule.

4. The median cost of the local correctional facility is the reasonable cost of items similar to those listed in the cost template shown below:

Cost Analysis

Name of Jail:

Date:

 

Locally Requested Cost

Eligible Cost:

Part I - New Construction Costs

 

 

Building cost

 

 

Sitework

 

 

New Construction Cost Subtotal

 

 

 

 

 

Part II - Project Construction Costs

 

 

Building renovation cost (number of square feet and cost per square feet)

 

 

Unusual site conditions

 

 

VDOT access lanes

 

 

Off-site utilities

 

 

Utility relocation

 

 

Project Construction Costs Subtotal

 

 

 

 

 

Part III - Other Project Costs

 

 

A/E fees

 

 

Community based corrections plan/planning study

 

 

Value management analysis

 

 

Construction manager/clerk of the works

 

 

Fixtures, furnishings & equipment

 

 

Communications/data equipment

 

 

Testing/special inspections

 

 

Survey, topo, environmental & utility locator

 

 

Geotech

 

 

Printing, reproduction & advertising

 

 

Permits, fees & connection charges

 

 

Record drawings

 

 

Other Costs Subtotal:

 

 

 

 

 

Contingency Costs (based on total costs less A/E fees and planning study and percentage used):

 

 

 

 

 

Total Project Costs

 

 

Note: Line items are suggested. For example, not all line items may be applicable. However, more line items may be required.

F. The cost of renovation of an existing facility shall be reviewed on a case-by-case basis and shall be presented in calculations separate from new construction costs.

G. Unless an extension is granted by the board, board approval expires after three years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

6VAC15-81-320. Funding priorities.

The following criteria, listed in order of importance, shall serve as a guide for determining the level of priority given to requests for reimbursement:

1. Replacement or renovation of bed space lost due to fire, earthquake, or other disaster.

2. Renovation of an unsafe facility that is documented as out of compliance with board life, health, and safety provisions of 6VAC15-40 (Minimum Standards for Jails and Lockups) or a court-ordered renovation, expansion, or new construction.

3. Construction of a regional facility that results in the replacement or closure of two or more local facilities.

4. Expansion of an existing local correctional facility or regional facility experiencing overcrowding that is expected to continue based upon factors described in the needs assessment.

5. New construction for a locality that does not currently have a facility or is not participating in an existing local correctional facility or regional facility.

6. Expansion or renovation of support facilities.

7. Phased construction projects.

8. Construction project cost overruns.

9. Construction by localities that received reimbursement within the previous five years for beds of construction with a limited life span. These localities shall not receive recommendation for approval for replacement of those beds with another secure or community custody facility.

6VAC15-81-330. Board recommendations.

A. The department shall direct a letter to the owner notifying the governing body of the board's decision to recommend, or not to recommend, a project for reimbursement.

B. The department shall notify the Department of Planning and Budget and Treasury Board of the board's approvals and approval expirations of proposed jail construction to include project description and reimbursement recommendation amount.

C. Final appropriations are subject to the Governor's approval and legislative enactment.

6VAC15-81-340. Reimbursement rates.

The reimbursement rates to localities for construction, expansion, or renovation of local correctional facilities shall be governed by §§ 53.1-80, ] 53.1-81, and§ ] 53.1-82 of the Code of Virginia.

6VAC15-81-350. Required forms.

Upon project approval by the board, the owner shall be responsible for obtaining and submitting all forms as required by the Treasury Board if the project is to be funded by the Treasury Board.

Part III Project Development

6VAC15-81-360. Project development; reviewing authority.

The reviewing authority determines adequacy of the usability, functionality, acceptable design relationship, flows, and sightlines of the design of the facility. With the exception of receiving a modification granted by the board, the reviewing authority is the final determination in interpretation of and compliance with this chapter.

6VAC15-81-370. Schematic design documents.

A. The owner shall submit schematic design documents to the reviewing authority as specified in this section.

B. The schematic design documents required for an expansion, renovation, or new construction of a local correctional facility shall contain sufficient information to identify basic security construction features and demonstrate intent to comply with this chapter and building code requirements and shall include, as a minimum, the following:

1. The schematic design shall include a basis of design narrative that provides the following information:

a. General and special purpose capacity and type of occupancy.

b. Exterior circulation to include pedestrian and vehicular.

c. Outline description of basic materials including systems, equipment, and proposed finishes for major areas to include administration, inmate housing, inmate programs, kitchen, laundry, receiving, medical, etc.

d. Future construction or expansion to be accommodated.

e. Style and character of building desired.

f. Environmental considerations, if any.

g. A geotechnical report.

h. A description of the HVAC systems being used, including the goals for energy efficiency and for the smoke removal systems.

i. Total square footage per floor and per building.

j. Number of parking spaces.

k. Total estimated construction cost based on the schematic documents with a description of the basis on which the estimate was made.

l. Any changes to the board approved total project budget.

m. Any changes in staffing from the board approved planning study.

2. The schematic design shall include schematic drawings that provide the following information:

a. A table showing type of construction proposed. Building designations as to building code edition used, standards to be met, fire resistive characteristics, intended use group or groups, use condition, gross square footage, design occupancy loads, and construction types.

b. Schematic site plan.

c. Floor plans consisting of single line drawings at a scale not smaller than 1/16 inch per foot, showing each floor layout with space names, nominal room square footage, circulation paths, and security walls (interior and exterior).

d. Longitudinal building section with floor to floor to ceiling dimensions.

e. Exterior elevation views (minimum of two).

f. Any other information that would be of value to the reviewing authority.

6VAC15-81-380. Design development documents.

A. The owner shall submit design development documents to the reviewing authority as specified in this section.

B. The design development documents required for an expansion or new construction of a local correctional facility shall contain sufficient information to identify basic security construction features and demonstrate intent to comply with this chapter, 6VAC15-40, and building code requirements and shall include, as a minimum, the following:

1. Site plan.

2. For new and existing facilities, a table showing the construction type, the size of the facility in gross square feet of floor area, building code designations as to code edition, fire resistive characteristics, intended use group or groups, condition, and design occupancy loads.

3. Architectural floor plans at least 35% complete at a scale not less than 1/8 inch per foot, showing each floor layout complete with space names, nominal room square footage, circulation paths, secure perimeter, interior security walls, and fire walls.

4. Elevations, sections, and details as required to define building materials and security construction features.

5. Mechanical and electrical plans and specifications necessary to define life safety construction features.

6. Security equipment list.

7. Outline specifications.

8. Construction cost estimate.

9. Any change in staffing from planning study.

C. Documents for renovation of a local correctional facility may not require some of the information in subsection B of this section. Requirements shall be as determined by the reviewing authority in consultation with the owner or owner's agent or engineer. In the case of renovations qualifying as minor renovation projects under 6VAC15-81-300, determination of required documents and information shall be made by the reviewing authority in consultation with the person or persons responsible for project design.

D. The owner shall submit two sets of design development documents to the Department of Corrections, Compliance, Certification, and Accreditation Unit. The owner may also be required to submit design development documents to other regulatory agencies as deemed appropriate at this stage and shall be so notified in writing by the department.

E. The reviewing authority shall review design development documents for compliance with applicable codes, this chapter, and commonly accepted architectural, engineering, and correctional practices.

1. Changes to design development documents may be required. If so, the reviewing authority shall ensure that all changes and comments shall be submitted in writing to the owner.

2. The owner or owner's agent shall respond in writing to the reviewing authority to all comments in the design development review. Necessary revisions to the project documents may be incorporated in the submission of the construction documents. All issues in question between the owner or owner's agent and the reviewing authority shall be resolved before the construction document phase is begun.

6VAC15-81-390. Value management analysis.

A. All jail projects for which reimbursement is being requested for new construction, expansion, or renovation costing $10 million or more shall have a value management analysis (VMA) performed during design. For renovation projects, a waiver may be requested from the board.

B. VMA shall be performed at the conclusion of the design development (35% to 40% complete) phases of the project design. For large projects in excess of 250 beds, the reviewing authority may require that a second phase of VMA be performed at the construction documents phase (90% to 95% complete).

C. The VMA shall involve a three-day to four-day exercise at the design development phase, or four to five days each at the design development and construction document phases. The first day, or portion thereof, of each analysis consists of a presentation overview by the owner and the A/E design team to the value management team. The final day or portion thereof, consists of a presentation of findings and recommendations by the value management team to the owner and A/E design team and attended by the reviewing authority.

D. The VMA process shall analyze at a minimum the following aspects of the project's design: systems, products and materials, quality, efficiency, functionality, long-term design, and operational needs (beyond 10 years) and cost.

E. The owner shall engage the services of a qualified value management team, as defined inthe definitions 6VAC15-81-20 ] and headed by a certified value specialist or engineer pursuant to thedefinitions definition of "value management team" ]. The VMA team shall be independent of the A/E design team and of the contractor. Cost estimators are also recommended as beneficial to the analysis, particularly for projects performing VMA at the construction documents phase.

F. The owner shall advise the reviewing authority in writing at least 15 working days in advance of the meeting dates for the VMA team. A representative of the reviewing authority shall be present at the value management team's formal presentation of results to the owner and A/E design team. The reviewing authority may attend any other portion of the session.

G. Upon completion of the VMA process, a summary report detailing VMA recommendations and the owner's decision on implementation of the recommendations shall be provided in writing to the reviewing authority.

6VAC15-81-400. Construction documents.

The owner or owner's agent shall submit two complete sets of construction documents, one full size, one half size, plus one set of full-size architectural drawings to the reviewing authority, Department of Corrections, Compliance, Certification, and Accreditation Unit as specified in this section.

1. Complete sets of construction documents shall consist of:

a. Construction documents (at least 95% complete).

b. Bidding documents.

c. Cost estimate.

d. Construction schedule.

2. Review approvals from local building, health, and fire officials.

3. The reviewing authority shall review construction documents for compliance with this chapter, building and fire code requirements, and incorporation of all changes required by the reviewing authority at the design development document review stage.

a. Changes to the construction documents may be required. All required changes and recommendations shall be submitted in writing to the owner or owner's agent.

b. The owner or owner's agent shall respond to all comments in the construction document review in writing to the reviewing authority. All issues in question between the owner or owner's agent and the reviewing authority shall be resolved before the project is bid.

4. Upon satisfactory resolution of all review comments, construction documents shall be approved by the reviewing authority, and the owner shall be advised in writing.

5. The approved plans shall not be construed as authority to omit or amend any of the provisions of this chapter except when a modification is granted by the board.

6VAC15-81-410. Changes and delays.

A. If, during the project, there is any substantive change in the scope of the project, major design change, an increase in the estimated cost of construction exceeding 10%, or any change in the security staff requirements exceeding 10%, the review process shall be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation.

B. Unless an extension is granted by the board, board approval expires after two years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

C. Increases in reimbursement funding over the initial amount approved by the board may be considered based on analysis of documentation of bid overage or contract increase, negotiation for cost reduction, and justification for the increase. See 6VAC15-81-430. Increases in the cost of construction above the board approved amount shall be documented, justified, and submitted for board approval. Notification shall be provided to the board of the intent to request increased reimbursement prior to 35% completion of construction. The request for board approval with complete documentation and justification shall be made prior to 50% construction completion.

D. The board shall not approve any request for reimbursement for increases in the cost of construction for any project for which construction was not begun within three years of enacted approval of funding for the project by the General Assembly; provided however, the board may approve such requests if the increased costs resulted from extraordinary circumstances, which must be documented.

E. Final appropriations for increases are subject to the Governor's approval and legislative enactment.

6VAC15-81-420. Bids.

A. Prior experience with jail construction is an element to be considered when selecting a contractor.

B. After bids for construction have been received and opened, and the owner has determined to proceed with the project, the owner or owner's agent shall submit a copy of the bid tabulation to the reviewing authority.

C. For projects utilizing nontraditional process, other than design-bid-build, the schedule of values shall be submitted within 45 days after award of the construction contract.

6VAC15-81-430. Construction.

A. To be eligible for reimbursement, the quality control must be independent of the owner. Quality control may be provided by a clerk of the works, construction manager, or by enhanced construction administration by the architect with reports submitted directly to the owner.

B. Any change ordered during the construction phase affecting security, safety, compliance with this chapter, or cost shall be submitted to the reviewing authority in writing.

C. Representatives of the department may visit the project site during the construction period to observe the work in progress. Any observed deviations from the approved documents having the effect of voiding or reducing compliance with this chapter or building or fire code requirements shall be reported in writing to the owner and shall be corrected.

D. Inspections by the reviewing authority shall start at 50% construction completion with at least one additional inspection prior to final inspection. The owner or owner's agent shall notify the reviewing authority and request inspections in a timely manner.

6VAC15-81-440. Final inspection.

A. The reviewing authority shall inspect the facility after substantial completion and prior to acceptance by the owner. This inspection shall be requested by the owner or owner's agent and coordinated with the reviewing authority.

B. Upon completion of the final inspection by the reviewing authority, and corrective actions as required, the owner shall provide to the reviewing authority copies of all regulatory agency letters verifying approval by others of the completed project.

C. Corrective actions taken to resolve comments made by the reviewing authority during final inspection shall be provided by the owner or owner's agent in writing to the reviewing authority.

6VAC15-81-450. Record documents.

The owner or owner's agent shall modify original construction contract documents to reflect the condition of the project as actually constructed and based upon as-built drawings and specifications provided by the general contractor. Such modifications shall include change orders, sketches, addenda, and field clarifications. These documents shall be marked as record documents.

Part IV Reimbursement

6VAC15-81-460. Method of reimbursement.

A. Reimbursement to an owner shall beaffected effected ] through one of three methods. Reimbursement shall be made through one lump sum payment or two lump sum payments or in payments over a specified period of time. The General Assembly determines and approves the method of reimbursement upon evaluation of the jail construction project by the Department of Planning and Budget in consultation with the Treasury Board.

B. Project closeout documentation and request for reimbursement shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit, within six months after construction completion.

C. Failure to comply with this chapter shall delay the review process and recommendation for disbursement of funds and may result in the denial of reimbursement.

D. Project closeout documentation shall be reviewed for completeness and accuracy by the reviewing authority prior to recommendation to the Governor and authorization to the Comptroller or Department of Treasury for issuance of reimbursement payment. The owner or owner's agent shall be notified by the reviewing authority if information is missing, invalid or inaccurate or needs clarification. Such further information requested shall be provided prior to authorization of payment.

E. Project closeout shall be complete upon receipt of all properly prepared final documentation as specified in 6VAC15-81-480 and reimbursement has been made.

6VAC15-81-470. Request for interim lump sum reimbursement.

If interim lump sum reimbursement has been legislatively approved, when construction of the project is 50% complete and payment in two lump sums has been authorized, the following shall be submitted:

1. Schedule of values and calculations confirming 50% completion.

2. Copies of bills and verification of payment (canceled checks or other means of verification as accepted by the reviewing authority) along with copies of original estimated costs to verify payment of 50% of those items for which reimbursement is being requested at that time.

3. Interim affidavit of payment of claims.

4. Further information as deemed necessary by the reviewing authority.

6VAC15-81-480. Final lump sum reimbursement closeout documentation.

If lump sum reimbursement has been legislatively approved, when the project is finished at the local level, the owner shall submit the final documentation listed in this section. Final reimbursement may be requested when the project is complete. The project shall be considered complete when the owner has completely submitted the following items accurately and with all supporting documentation:

1. Project completion report (forms or instructions are provided by the reviewing authority).

2. Final schedule of values (forms or instructions are provided by the reviewing authority).

3. Copies and verification of payment of all bills pertaining to the project for which reimbursement is being requested.

4. Letters from regulatory agencies verifying their inspection and approval of the completed project.

5. Building official's certificate of occupancy.

6. Fire official's concurrence.

7. Health official's approval.

8. Affidavit of payment of claims.

9. 50% completion date and documentation substantiating the date.

10. Verification and certification using industry benchmarks that substantiate that the sustainable design and construction initiatives identified in the planning study have been achieved, if applicable.

11. Verification of correction of the reviewing authority's punch list items or other deficiencies;

12. Copies of all change orders.

13. Closeout documents (drawings and specifications) that shall be submitted to the reviewing authority in accordance with the following:

a. One set on CD media: copy of record documents on CD-ROM media, or electronically stored data shall be in a pdf format.

b. One set of operation and maintenance manuals for systems provided to the owner shall include all color coding and point-to-point wire run lists for all electrical systems.

6VAC15-81-490. Treasury Board reimbursement.

A. When the construction and closeout of a project being reimbursed by contract with the Treasury Board is complete, the owner shall submit all information as required in 6VAC15-81-480 to the reviewing authority in the Department of Corrections, Compliance, Certification, and Accreditation Unit.

B. An owner approved for reimbursement in payments over a specified period of time shall be paid in accordance with a contractual agreement entered into with the Treasury Board.

Part V Secure Local Correctional Facilities Design and Construction

Article 1 General Design Requirements

6VAC15-81-500. Secure local correctional facilities design and construction - general.

A. When designing the facility, consideration shall be given to appropriate traffic patterns, groups of functions, facilitating ease of movement to and within functions, clear sightlines to reduce blind spots, efficiency and economy of staffing, PREA, and facilitating a smooth, logical sequence of operation.

B. The reviewing authority may accept materials and systems documented to be equivalent to those required by this chapter.

C. Any deviation requiring a modification or variance of this chapter shall be submitted for review by the reviewing authority and approval by the Board of Corrections.

D. In addition to the minimum requirements, this chapter contains recommendations regarding design, construction, and security that, although not required, should be given serious consideration.

E. The reviewing authority may make recommendations regarding design, construction, and security that, while exceeding minimum requirements, may be desirable to adopt.

F. Review or inspection by the reviewing authority does not relieve the owner or owner's agent from the requirement to comply with this chapter.

6VAC15-81-510. Separation of males, females, and juveniles.

A. Secure housing units, intake cells, and special purpose cells shall be designed and constructed to ensure physical separation and to prohibit normal sight or sound communication between males and females.

1. "Secure housing" means housing for all inmates (maximum, medium, and minimum) not classified as community custody.

2. If the facility is designed to hold juveniles, the areas used for juveniles shall be designed to prohibit normal communications by sight and sound and ensure physical separation of the juvenile from the adult population.

B. Separation of internal movement of juveniles shall be in accordance with 6VAC15-40, Minimum Standards for Jails and Lockups.

6VAC15-81-520. Traffic patterns.

A. If secure and community custody housing are provided in the same building, the design of the facilities shall provide traffic patterns to assure the separation of secure and community custody inmate populations.

B. Design of public access shall be such that the public does not enter into the secure perimeter of the facility, and the traffic pattern for the public shall be separate from that of inmates.

C. The reviewing authority may require that intake, release, and court holding areas be separate and distinct functions and traffic patterns be kept separated from each other. The reviewing authority may require that means of egress for the inmate release area and for the court holding area be separate from the intake and booking area entrance.

D. Exterior pedestrian and vehicular routing shall be designed for separation of traffic patterns.

6VAC15-81-530. Related areas.

The following areas shall be outside the secure perimeter

1. Magistrate offices and law-enforcement lobby (if provided).

2. Parking.

3. Public visitation and waiting area.

4. Armory.

5. Maintenance shop (if provided).

6. Main (primary) mechanical room.

7. Vehicular sally port.

6VAC15-81-540. Administration.

A. The jail shall provide space consistent with the size of the facility for administrative, program, and clerical personnel.

B. Space shall be provided within the secure perimeter for the shift or watch commander's office, counselor's office, and other offices that the jail operation requires.

C. Space shall be provided for staff break or dining. Locating staff break or dining within the secure perimeter shall be considered.

6VAC15-81-550. Public areas.

A. Public areas of the facility shall be located outside the secure perimeter. Public access to the building shall be through a main entrance. The general public shall not have access inside the secure perimeter of the jail. Traffic patterns of the public and inmates shall be distinct, separate, and not intersect.

B. A reception and waiting area with appropriate informational signage shall be provided for the public and shall be so situated that it does not interfere with the administrative office operations. The public waiting area shall include sufficient seating, drinking fountains, toilet facilities, and weapons lockers equipped with individually locked compartments. Consideration shall be given to provision for public lockers.

C. All exterior areas, including parking, shall be adequately lighted.

6VAC15-81-560. Secure perimeter.

The secure perimeter of the facility shall be composed of a complete and continuous security envelope consisting of walls, roofs, ceiling, floors, doors, door locks, and other hardware, windows and glazing constructed in accordance with the security perimeter requirements of this chapter. The secure perimeter shall be clearly indicated on the plans.

6VAC15-81-570. Interior security walls, interior partitions.

A. Interior security walls shall be provided around and between all housing units, cells, dormitories, armories, sally ports, central intake units, classification units, control rooms, recreation areas, kitchens, inmate dining halls (if separate from housing), canteens (commissaries), multipurpose rooms with toilets, central laundry, laundry chemical rooms, pharmacies, medical units, records rooms within the secure perimeter, and property rooms. Interior security walls, and opening protectives shall be constructed in accordance with 6VAC15-81-930.

B. Interior partitions.

1. Interior partitions may be provided between support services such as but not limited to multipurpose rooms without adjacent toilets and staff dining.

2. Interior partitions shall not be substituted for required interior security walls.

3. Interior partitions shall be constructed in accordance with 6VAC15-81-930.

6VAC15-81-580. Exterior areas.

A. Exterior areas, including parking and building exterior where CCTV is utilized, shall be lighted as recommended by the equipment manufacturer.

B. When landscaping, consideration shall be given to size and density of plantings within 25 feet of the building for security and fire safety reasons.

6VAC15-81-590. Fencing.

A. Security fencing or security walls shall be provided for outdoor recreation areas. Exterior building configurations that create containment areas and all other areas shall be fenced as required by this chapter.

B. Access for maintenance shall be provided for all fenced areas.

6VAC15-81-600. Emergency containment.

A. Alternate means for inmate containment shall be provided for in case of disaster, mass arrests, or emergency evacuation.

B. These areas may include outdoor recreation area, an enclosed vehicular sally port, or any other approved area that shall afford adequate security.

C. When planned for this purpose, these areas shall provide access to toilets and drinking water. Fixtures and equipment shall meet the requirements for temporary holding.

6VAC15-81-610. Armory.

A. Secure storage for security equipment, restraining devices, firearms, chemical agents, etc. shall be located outside the secure perimeter and convenient to security personnel responding to emergency situations.

B. Walls, floor, opening protectives, and roof or ceiling of this area shall meet requirements for secure construction.

C. This area shall have a dedicated exhaust system.

6VAC15-81-620. Pedestrian sally ports.

A. Sally ports shall be provided at any point the secure perimeter of the building is penetrated unless specifically exempted by this chapter.

B. Sally ports shall be provided at all exterior openings from security areas and at the entrances to housing units designed for maximum and medium security inmates.

C. Any stairwell with a door that penetrates the secure perimeter shall be constructed as a sally port.

D. For an emergency exits only, an exterior area enclosed with bar grille or woven rod may serve as the second barrier of a sally port. This sally port shall be provided with a top barrier at least equivalent to the vertical enclosure fence mesh and the area is supervised by CCTV.

E. Exterior security doors used solely to meet emergency evacuation requirements are not required to be sally ported, however, fencing the area to be utilized for evacuation is required if no sally port is provided.

F. Commercial grade sectional doors or overhead rolling doors are not considered secure and shall not be part of a sally port.

G. Consideration shall be given to providing weapon lockers equipped with individually locked compartments at the entry of staff and law-enforcement sally ports penetrating the secure perimeter.

6VAC15-81-630. Vehicular sally port.

A. The vehicular sally port shall be provided with weapons lockers equipped with individually locked compartments.

B. Vehicular sally ports shall be weather protected. As a minimum the lower eight feet of the vehicular sally port walls shall be solid. This sally port shall be separated from adjacent spaces by secure and fire-rated construction and shall be observable by staff with CCTV as backup. If this sally port is to be used for emergency containment, an upgrade of the security level shall be considered.

Article 2 Central Intake Unit Design, General Population, and Other Areas Design Requirements

6VAC15-81-640. Intake and processing.

A. The central intake unit shall be located within the secure perimeter of the facility, outside the general population housing units and shall be separated from other areas by an interior security wall.

B. The central intake unit shall be constructed to provide the following areas:

1. Booking or processing, including photographing and fingerprinting.

2. Clothing storage and issue.

3. Control room or station.

4. Custody transfer.

5. Intake cells and group cells.

6. Interview.

7. Medical screening.

8. Orientation.

9. Property storage.

10. Provisions for telephone calls.

11. Records storage (if not provided elsewhere).

12. Release and staging for court (if applicable).

13. Strip search and shower.

14. Video arraignment if arraignment is not provided elsewhere.

C. Intake cells and group areas.

1. Space shall be provided for intake of inmates at a minimum of one for every 10 inmates for which the facility is designed up to the first 400 beds of design capacity.

a. Intake cells, group cells, and open seating shall be provided at a ratio of one for every 40 beds of additional design capacity above 400.

b. Consideration shall be made for future expansion.

c. At least 50% of this required capacity shall be single cells with the remainder being a combination of group cells and open seating area. Exception: The number of single cells may be reduced based on approved statistical documentation or needs identified in the needs assessment.

2. Intake cells shall be designed to contain a minimum of 45 square feet for single occupancy cells plus 15 square feet per inmate for each additional inmate for which the cell is designed.

3. Each cell shall contain at least one stationary bench or bunk, hot and cold running water, a combination stainless steel toilet and lavatory with push button metering activators, and a sanitary bubbler.

4. Intake cells shall provide optimized observation of the interior of the cell. Modesty screening is required for toilets in cells with grillage or glazed openings greater than a total of 120 square inches in any cell wall. Exception: An observation cell with flushing floor drain and a bunk sized slab or platform raised a minimum of six inches above floor for sleeping is not required to have a toilet, lavatory, or privacy screening.

5. Lighting in cells, toilets, and showers shall be provided from a maximum security fixture of sufficient intensity to permit sight supervision.

6. Natural light and dayrooms are not required for intake cells or areas.

7. Intake cells shall be constructed as maximum security cells with maximum security doors, hardware, fixtures, equipment, and glazing or bar grille woven rod or combination thereof.

8. Toilets and lavatories shall be provided for use by those in open seating holding,. ] Plumbing fixtures in this area shall be maximum security.

9. Showers shall be provided as follows:

a. For facilities with a design capacity of 200 or less: a minimum of two showers.

b. For facilities with a design capacity of 201 or more: a minimum of one additional shower for every 300 beds, or portion thereof, of additional design capacity.

D. Nonperimeter entrances and exits for the intake and release area shall be capable of being controlled from intake or local control. Security perimeter doors shall be controlled from master control only.

E. Secure storage space for inmate personal property shall be provided adjacent in proximity to the intake or release area.

1. The recommended amount of space is four to six inches of linear hanging space per inmate for which the facility is designed plus one cubic foot in bins or lockers, per inmate, for items that cannot be hung.

2. Consideration shall be given to providing washers and dryers in this area.

F. Release and court holding.

1. Consideration shall be given to separation of traffic patterns and additional holding for inmate release area and for court holding.

2. Number of cells shall be as defined in the needs assessment.

3. Egress for these areas shall be separate from the area serving the intake and booking entrance.

G. Temporary juvenile holding, pursuant to § 16.1-249 G of the Code of Virginia, if provided, shall be as follows:

1. Construction of juvenile cells or units shall be in accordance with this chapter as required for maximum security adult housing.

2. This ward or unit shall be physically, audibly, and visually separated from adult areas.

H. Consideration shall be given to future expansion.

6VAC15-81-650. Security levels of housing.

A. Secure housing shall be constructed to provide housing for maximum, medium, and minimum custody inmates. Consideration shall be given to the mental health needs of inmates which may require dedicated housing areas with additional space for mental health professionals, treatment, and counseling. "Secure housing" means housing for all maximum, medium, and minimum inmates not classified as community custody.

1. The basic distribution of custody levels is expected to be 30% maximum, 40% medium, and 30% minimum or may vary based on documentation provided in the needs assessment.

2. Female housing shall consist of at least two separate units of which at least 50% of the female design capacity is medium security or higher.

3. Up to 25% of minimum custody may be community custody. Community custody beds do not require construction of special purpose cells.

B. Maximum security housing units shall be designed as groupings of single cells with dayrooms to afford protection for persons requiring maximum supervision.

1. The number of inmates per housing unit shall depend upon the degree of surveillance and security provided, but for facilities designed for an occupancy of 240 or fewer inmates, the unit shall be designed not to exceed 24 inmates per housing unit. For facilities designed for an occupancy in excess of 240 inmates, the number of occupants for which the unit is designed may be increased but shall not exceed 48 inmates per unit. A minimum of two maximum security housing units shall be provided. For indirect supervision facilities, all units shall be provided with direct visual observation from a control room. For direct supervision facilities, the reviewing authority may require that units be provided with direct visual observation from a control room.

2. 20% to 25% of maximum security cells may be dedicated as a classification unit. The classification unit shall be located in proximity to the intake unit. Consideration shall be given to male and female population. The classification unit shall include at least one private interview room, office space for classification personnel, medical room, and record storage.

C. Medium security housing units shall be designed as single, double, or four-inmate cells with common dayroom. The owner shall determine the number and type of cells per housing unit. The owner shall determine the number and type of cells per housing unit; however, no less than 30% of these cells shall be designed for single occupancy. These units shall be designed to accommodate no more than 64 inmates per housing unit for direct supervision or 48 inmates per housing unit for indirect supervision. At least two housing units shall be provided. For indirect supervision facilities, the reviewing authority may require that all units provide direct visual observation from a control room.

D. Minimum security housing units shall be designed as dormitories or multiple occupancy cells. Minimum security areas shall be designed to accommodate no more than 48 inmates per housing unit in dormitories or 64 inmates per unit with multiple occupancy cells. At least two housing units shall be provided.

E. Community custody facilities shall be constructed in accordance with Part VI (6VAC15-81-1130 et seq.) of this chapter. Consideration should be given to male and female populations.

F. Juvenile housing.

1. If the facility is to hold juveniles, housing units shall be physically, audibly, and visually separated from adult areas to prohibit adult and juvenile communication in accordance with the "Guidance Manual for Monitoring Facilities under the Juvenile Justice and Delinquency Prevention (OJJDP) Act of 2002," published by OJJDP in October 2010. Showers, personal hygiene, and dressing areas shall be designed to comply with PREA.

2. Juvenile housing units shall provide general purpose housing designed and constructed in accordance with maximum security requirements of this chapter.

6VAC15-81-660. Cells and dayrooms.

Maximum and medium security:

1. All single cells shall be sized in accordance with the latest edition of the American Correctional Association Standards for Adult Local Detention Facilities and have a ceiling height no less than eight feet. Single occupancy cells, with the exception of special purpose cells, shall be configured to open into a dayroom or activity space.

2. Multiple occupancy cells shall be designed for no more than four inmates per cell and shall be sized in accordance with the current American Correctional Association Standards for Adult Local Detention Facilities concerning multiple occupancy cells and have a ceiling height of no less than eight feet. Multiple occupancy cells shall be configured to open into a dayroom.

6VAC15-81-670. Cell requirements.

A. All cells shall be enclosed within secure walls, floor, and ceiling, as specified in this section, and shall include secure opening protectives. Each cell shall be provided with artificial light, toilet and lavatory fixtures with metering push button activators, hot and cold running water, a security type mirror mounted at standard height, a stationary bed or bunk and storage.

B. Maximum security cells shall have maximum security walls, maximum security doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 1 requirements.

C. Medium security cells shall have interior security walls surrounding each housing unit meeting a minimum of ASTM Grade 2 requirements; however, the walls separating individual cells may be interior partitions.

D. Minimum security cells shall have walls, doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 3 requirements.

6VAC15-81-680. Dayroom requirements.

A. Dayroom space shall contain no less than 35 square feet of space for each inmate for whom the unit is designed to serve. Calculation of this space shall not include sally ports, visitation booths, stairs, area under stairs, toilet, shower, and lavatory areas. On the first level an 18-inch wide path in front of all cell fronts, toilets, and showers, and the tiered walkway in front of upper level cells shall not be counted as dayroom space.

B. Each dayroom shall be equipped with a shower, toilet, lavatory with hot and cold running water activated by metering push button activators, and a drinking fountain or the lavatory equipped with sanitary bubbler. Fixtures shall be security type in accordance with the security level for which the unit is designed.

C. Stationary security type tables and dayroom seating shall be provided in maximum and medium security areas of the facilities designed for indirect supervision. Stationary security type tables and seating shall be provided for facilities designed for maximum security with direct supervision. Tables and seating for medium security direct supervision living areas may be loose but shall be designed for detention facilities and be fire retardant and vandal resistant. In accordance with the Code of Virginia only fixed equipment is reimbursable and loose equipment is not considered reimbursable except in minimum security housing.

D. Tables and seating shall be sufficient to accommodate the number of inmates for whom the area is designed.

E. Stairs in multilevel dayrooms shall have open risers.

F. If a housing unit is provided with an ADA accessible cell, the dayroom toilet shall be provided with an ADA accessible fixture.

G. Showers and toilets shall be located to provide visual supervision from a control station or control room and to provide privacy from the housing unit occupants and from visibility from circulation corridors. Showers, personal hygiene, and dressing areas shall be designed to comply with PREA.

H. If video visitation monitors are provided in the dayroom, they shall be positioned to maximize privacy for both the visiting inmate and visitor.

6VAC15-81-690. Dormitory requirements.

A. Dormitories shall have walls, doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 3 requirements.

B. All dormitories shall be constructed to provide 85 square feet of space per inmate for each inmate for whom the area is designed. The 85 square feet associated with dormitory space is normally separated into 50 square feet for sleeping and 35 square feet for activity. Calculation of this space shall not include sally ports, stairs, area under stairs, toilet, shower, and lavatory areas.

C. All dormitories shall be provided with artificial light, toilet and lavatory fixtures, hot and cold running water, and a drinking fountain or lavatory equipped with sanitary bubbler, security type mirrors at standard height, tables, and chairs or benches in sufficient number to accommodate the dormitory's design capacity.

D. Tables and seating shall be sufficient to accommodate the number of inmates for whom the area is designed.

E. Showers and toilets shall be located to provide visual supervision from a control station or control room as well as privacy from the housing unit occupants and from visibility from circulation corridors.

F. Stairs in multilevel dormitories shall have open risers.

6VAC15-81-700. Natural light.

Natural light is required in general population housing units in new construction. Consideration shall be given to providing natural light in renovation projects that provide new inmate housing.

6VAC15-81-710. Artificial light.

A. Artificial light shall be provided in all cells, dayrooms, and dormitories to provide at least 20 foot-candles at personal grooming areas, tables, and desk tops, if desks are provided. Night lighting is required.

B. Light fixtures used within the secure perimeter shall be equivalent to the security level of the area in which they are designed.

6VAC15-81-720. Climate control.

Heat and air conditioning shall be provided in all rooms in the facility so that a temperature not less than 65 degrees F or more than 85 degrees F is maintained. Exceptions to this requirement include warehouses, industrial spaces, and mechanical and electrical spaces, which may be mechanically ventilated. Special consideration shall be afforded to additional cooling in kitchen, food storage areas, and rooms containing heat sensitive and electronic equipment.

6VAC15-81-730. Equipment and fixtures.

Equipment and fixtures used within the secure perimeter shall be equivalent to the security level of the area in which they are designed.

6VAC15-81-740. Special purpose cells.

A. There shall be a minimum of one special purpose cell (e.g., isolation, medical, or segregation) for each 10 secure inmates for whom the facility is designed.

B. The number of ADA accessible special purpose cells shall meet the percentage required by the building code.

C. All cells shall be provided with lighting from a maximum security fixture and be in accordance with artificial light requirements in 6VAC15-81-710.

D. Special purpose cells shall be sized in accordance with the American Correctional Association Standards for Local Detention Facilities for restrictive housing units with a ceiling height of at least eight feet and are not required to open onto an adjacent dayroom space.

E. A minimum of 80% of special purpose cells shall be constructed as maximum security cells. Up to 20% of special purpose cells may be of less secure construction if designed for medical usage.

F. Cells specifically designed for persons who are violent or self-destructive may be equipped with a flushing floor drain in lieu of a stainless steel combination plumbing fixture and a bunk sized slab or platform raised a minimum of six inches above finished floor.

G. Showers shall be provided within the special purpose housing unit. Consideration shall be given to providing cuff slots in doors for enclosed showers in special purpose housing units.

H. Special purpose cells shall not open directly into a main corridor or general population activity space.

6VAC15-81-750. Multipurpose space.

A. Multipurpose spaces shall be provided in sufficient number and size to allow for and include multipurpose rooms, educational classrooms, religious services, group counseling services, program services, and library (if inmates are to be moved to the service). For purposes of this chapter, jail industry programs, as defined in §§ 53.1-133.1 through 53.1-133.9 of the Code of Virginia, are not considered multipurpose space.

B. The total multipurpose area square footage shall be designed and constructed to provide a minimum of 20 square feet per inmate for design capacity of the facility up to 480 inmates. No additional multipurpose space is required for facilities with a design capacity of over 480 inmates.

6VAC15-81-760. Recreation.

A. Recreation space shall be provided at a rate of 10 square feet for each inmate for which the facility is designed up to 480 inmates. For facilities with a design capacity of over 480, no additional recreation space is required. A minimum of two recreation areas shall be provided in facilities with a design capacity of up to 240 inmates. For facilities with a design capacity greater than 240 inmates, a minimum of three recreation spaces shall be provided.

B. Indoor recreation is required, and consideration shall be given to outdoor recreation. At least one indoor recreation area shall have a minimum of 1000 square feet with an 18 foot ceiling height or overhead clearance. At least one outdoor recreation area, if provided, shall have a minimum of 1500 square feet with an 18 foot overhead clearance. Additional recreation areas, if indoors, may have lower clearance or ceiling heights if being utilized for activities such as a weight room or ping-pong. No recreation area shall have less than 600 square feet or measure less than 20 feet in any one direction.

6VAC15-81-770. Library.

Library space shall be provided for an inmate library or provisions made for alternative library services.

6VAC15-81-780. Commissary.

Space shall be provided for an inmate commissary and associated storage or provisions shall be made for alternative commissary services.

6VAC15-81-790. Facility visiting area.

A. Accommodations for public visitors shall be designed to provide flexibility in the degree of physical security and supervision commensurate with security requirements of variously classified inmates. Paths of ingress or egress for inmates shall be designed to be separate from and not intersect ingress or egress paths of public visitors.

B. Consideration shall be given to providing lockers or areas for storage of handbags or other articles in the public lobby.

C. Noncontact visitation.

1. Noncontact visiting shall be provided at a rate of not less than one noncontact visiting space for each 20 inmates for whom the facility is designed, up to 240 inmates. Facilities designed for more than 240 inmates shall provide one additional noncontact visiting space for each additional 50 inmates.

2. In noncontact visiting areas, means shall be provided for audible communication between visitors and inmates. The communication system provided shall be designed to prevent passage of contraband.

3. If video visitation is utilized, a combination of on-site and off-site video visitation units for the public may comply with the requirements of subdivisions 1 and 2 of this subsection. In no event shall off-site video visitation be the only form of noncontact visitation.

4. At least 25% of public noncontact visitation shall be on site.

5. If inmate video visitation spaces are provided in the housing units, at least eight square feet shall be provided per video visitation space. This space shall not be counted towards calculation of dayroom or multipurpose room space.

D. Contact visitation.

1. Not less than two secure contact visiting rooms of at least 60 square feet each shall be provided for the first 100 inmates of design capacity for contact visits from law-enforcement officers, attorneys, clergy, and probation officers or parole officers. For facilities having a design capacity in excess of 100 inmates, one additional secure contact visiting room shall be provided for every additional 200 inmates of design capacity. These rooms shall be located to be either visually supervised or monitored by a control station or room.

2. Provisions shall be made to prevent transmission of intelligible communication to adjacent areas.

6VAC15-81-800. Food service.

A. If a kitchen is provided, it shall be equipped to meet the standards of the Department of Health and the following:

1. The kitchen and kitchen storage shall be sized in accordance with the design capacity of the facility and include consideration for future expansion.

2. The kitchen area, exclusive of dining and serving areas, shall be a minimum of 1500 square feet and for facilities in excess of 100 inmates of design capacity an additional three square feet per inmate shall be provided. The kitchen shall be located with consideration for ease of serving the inmate population and where supplies can readily be received without breaching security. Space for food storage rooms is in additionto ] the above minimum square footage.

3. Consideration shall be given to providing an inmate break area within the kitchen area. This shall not reduce the size of the kitchen or other spaces associated with the kitchen.

4. A janitor's closet and mop sink shall be located within the kitchen for exclusive use in the kitchen.

5. Storage space of adequate size and type to accommodate perishable, frozen, and bulk dry food storage shall be provided.

a. For facilities with a design capacity up to 1000 inmates, the storage space shall be sized not less than three square feet of floor space per inmate. For design capacity in excess of 1000, the sizing may be 2.7 square feet of floor space per inmate for the next 800 inmates. Further reductions may be approved for jails with a design capacity of greater than 1800 inmates. Storage space requirements are based on a seven-day supply need. Aggregate kitchen storage space shall be a minimum of 300 square feet of floor space.

b. The following breakdown of storage space is recommended: 40% dry, 36% refrigerated and 24% freezer.

c. Walls for food storage shall extend to the structure above.

6. All kitchen counters and table tops, legs, and bases; shelving; and fixed equipment shall be stainless steel.

7. The floors, walls, and ceilings in the food service areas shall be a smooth durable finish, shall withstand food spillage, and shall be easily cleanable.

8. Adequately sized separate lockable storage shall be provided for caustic, toxic, and flammable kitchen supplies. Secure storage or space for secure storage shall be provided for kitchen inventory of sharp implements and other potential weapons. Consideration shall be given for locating lockable storage in a separate locked room.

9. Provisions shall be made for kitchen waste removal from the kitchen area without crossing the food preparation area.

10. Hand washing sinks for inmate toilets shall be located outside the toilet room and in view of the staff.

11. Consideration shall be given to locating an emergency eye wash station in the kitchen.

12. Consideration shall be given to providing a smoke removal system for the kitchen.

B. In addition to kitchen and kitchen storage areas, a staff dining or break area shall be provided with a minimum of 15 square feet for each person the area is designed to serve. Floors, walls and ceilings shall be a smooth, durable finish and easily cleanable.

6VAC15-81-810. Laundry.

A. If a central laundry is provided, commercial or institutional grade equipment shall be provided.

B. Finishes shall be durable and easily cleanable. Electrical, plumbing, and ventilation shall be as described in Article 5 (6VAC15-81-980 et seq.) of this part.

C. The guidance for washer capacity is to provide 15 to 20 pounds of laundry per inmate per week. The minimum recommended ratio for dryer to washer load poundage shall be a minimum of 1.5 to 1.

D. There shall be sufficient storage for linen and laundry supplies. Separate lockable storage shall be provided for caustic, toxic, and flammable supplies.

E. Secure lockable storage shall be provided for chemical containers serving laundry machines.

F. All gas supply and exhaust venting on dryers shall be protected from exposure to and vandalism by inmates.

G. A janitor's closet and mop sink shall be located within the laundry for exclusive use in the laundry.

H. Consideration shall be given to providing a smoke removal system for the central laundry area.

I. Consideration shall be given to locating an emergency eye wash station in the central laundry area.

J. Consideration may be given to providing small load capacity laundry equipment in property storage, community custody, and minimum security housing areas in addition to the central laundry.

K. Provisions for future expansion shall be considered.

6VAC15-81-820. Storage.

In addition to storage required for particular areas, the following shall be provided to accommodate facility design capacity at a minimum:

1. Storage for inmate clothing, linens, towels, etc.

2. Storage for recreation and related equipment located in or near indoor and outdoor recreation areas.

3. Secure storage for medical supplies and biohazard waste.

4. Storage for extra inmate mattresses and bunks.

5. Secure storage for janitorial supplies in janitorial closets located conveniently to areas serviced.

6. Secure storage for inmate records.

7. Storage space in the administration area for equipment, records, and supplies for established and projected population needs.

8. Staff uniforms and equipment.

9. Secure storage for evidence and contraband.

Article 3 Additional Design Requirements

6VAC15-81-830. Elevators.

A. Facilities with three or more stories shall be provided with at least two elevators.

B. Elevators within the secure perimeter shall be capable of being securely controlled and managed locally and from a control room. Consideration shall be given in all elevators to provide visual and audio communication with the control room.

6VAC15-81-840. Corridors.

Corridors used for the movement of inmates, stretchers, food and utility carts, etc. shall be constructed to provide a minimum width of five feet.

6VAC15-81-850. Intercom, closed circuit television, video, and sound services.

A. As a minimum, each housing unit shall be equipped with an electronic sound monitoring system that allows inmates to notify staff in the case of an emergency. This system shall be monitored by master control or other remote control room or control station.

B. Two-way intercoms shall be provided at all remotely controlled security doors other than cell doors.

C. The facility shall be designed to maximize direct visual sightlines. As a supplement to direct visual observation, CCTV shall be installed to observe, at a minimum, blind spots in corridors, sally ports, building entrances, and the building exterior.

D. If video teleconferencing or arraignment is to be utilized, adequate space shall be provided.

E. Consideration shall be given to the requirements of PREA when installing video monitoring, electronic surveillance, or other monitoring technology.

F. In areas where voice communications through the glazing is desired, such as a magistrate, visitation, and control rooms, a system utilizing vandal resistant individual speakers, microphones, intercom, telephone, speak-around frames, or an approved equivalent shall be specified.

6VAC15-81-860. Telephone.

Inmate telephone service shall be provided in all inmate housing units, including intake and special purpose housing, within the jail.

6VAC15-81-870. Glazing in doors.

Glazed view panels shall be provided in all doors for security and safety, with the following exceptions:

1. Doors to janitorial closets, plumbing chases, storage areas, employee dining, staff break room, pharmacy, toilets, maintenance rooms, property storage rooms, evidence rooms, armory, mechanical rooms, electrical rooms, telecommunication rooms, security electronics rooms, offices outside the secure perimeter, and similar rooms.

2. Doors required by the building code to have a three-hour fire-resistance rating are not required to have view panels.

6VAC15-81-880. Mechanical, maintenance, security electronics.

A. The main mechanical room shall be located outside the secure perimeter and shall be accessible from the outside.

B. If a separate maintenance shop is provided, it shall be located outside the secure perimeter and shall be accessible from the outside.

C. The main security electronics shall be contained in a room specifically designed for that purpose or shall be securely separated from other equipment. Security electronic rooms shall not provide access to other spaces or services. An independent cooling system shall be provided for this room.

6VAC15-81-890. Access for replacement of mechanical equipment.

Design shall provide access for replacement of larger pieces of mechanical equipment without having to relocate other equipment or cut holes through walls, floors, roofs, or ceilings.

6VAC15-81-900. Plumbing.

A. Walk-in type plumbing chases shall be provided with lights and electrical outlets to facilitate maintenance.

B. Sufficient floor water drains shall be provided throughout the jail to enable water to be easily removed from areas subject to water spillage or flooding (i.e., shower, group toilet areas, dayrooms, kitchens, etc.).

C. At a minimum, the capability of shutting off the domestic water supply shall be provided for each individual housing unit with one control per housing unit.

D. Plumbing fixtures in special purpose and intake cells shall have individual shutoff controls for domestic water supply.

E. Domestic water shutoff controls shall be in a remote location in proximity to each housing unit and shall be easily accessed by staff, but not inmate accessible.

6VAC15-81-910. Housing unit stair and cell tier guard rails.

Guard rails shall be a minimum height of 48 inches above the floor or stair treads in housing units and inmate stairs, including egress stairs and tiers.

Article 4 Construction Requirements

6VAC15-81-920. Building systems - general.

A. The requirements set forth in this article establish the requirements for building materials, equipment, and systems to be designed and constructed in facilities within the Commonwealth of Virginia.

B. The building components and design criteria denoted in this article are intended to relate the facilities' security and custody level and expected use conditions, with the materials, equipment, and systems expected performance, particularly as related to strength, safety, and durability characteristics.

C. Matching the performance levels of the various components which make up a security enclosure or system is of equal importance. They shall be comparable and compatible.

D. All work shall be done in accordance with acceptable design and construction practices and material shall be installed in accordance with manufacturer recommendations or as otherwise noted.

6VAC15-81-930. Structural systems - walls, floors, roofs, ceilings.

A. Wall systems - general. Walls encompassing areas occupied by inmates shall provide a secure barrier for their entire height and length, both horizontally and vertically, to prevent unauthorized ingress or egress. Security walls shall provide continuity at adjacent security walls, horizontal security barriers or the secure perimeter. The joints and voids between secure walls and horizontal security barrier shall be protected with materials of security level equivalent to the remainder of the wall.

1. Security walls.

a. Security perimeter walls shall be of masonry, concrete, steel, or other approved noncombustible building material and shall comply with ASTM F2322 testing method Grade 1 to a minimum of 1,000 blow counts.

b. Interior security walls shall be of masonry, concrete, steel, or other approved noncombustible building material and shall comply with ASTM F2322 Grade 1. Security shall be maintained for the entire height of the wall and integrated with the next horizontal security barrier.

c. Security walls may be of the following materials and construction:

(1) Concrete masonry units with block cores filled solid with 3,000 psi grout in accordance with ASTM C476. All masonry mortar shall be a minimum of 2,500 psi compressive strength and comply with ASTM C270.

(a) Security perimeter walls shall have vertical #4 reinforcing rods in every masonry core spaced eight inches on center maximum. Every masonry core shall be grout filled.

(b) Interior security walls shall have vertical #4 reinforcing rods in every other masonry core spaced 16 inches on center maximum. Every masonry core shall be grout filled.

(2) Concrete walls may be cast in place or precast reinforced high-strength concrete panel. Walls shall be a minimum of 4,000 psi compressive strength (28-day break). Minimum thickness of solid core concrete shall be four inches. Refer to the Prestressed/Precast Concrete Institute to calculate the equivalent thickness of hollow core concrete panels. Hollow core plank shall not be used for security walls.

(3) Steel wall assemblies shall meet ASTM F2322 testing requirements Grade 1 or better and shall be coated with a zinc-iron-alloy (galvanneal) coating meeting ASTM A653, Commercial Steel (CS), coating designation A60 (Z180) designation or better. Walls shall be securely anchored to structural slabs in floor, adjacent security walls, and horizontal security barrier.

(4) Bar grille security walls shall be 2-1/4 inches by 3/8-inch steel flat bar frame with vertical 7/8-inch round double ribbed bars spaced five inches or less on center with 2-1/4 inches by 3/8-inch horizontal steel bars approximately 16 inches on center. Bar grille shall be securely anchored to adjacent security walls and horizontal security barriers.

(5) Woven rod security walls shall be fabricated from 3/8-inch diameter mild steel rods spaced not more than two inches on center in two directions, interwoven, and crimp-locked. Rods shall be anchored securely into a heavy gage (10-gage minimum) tubular steel frame or structural equivalent flat steel bar or channel. Frame shall be securely anchored to adjacent security walls and horizontal security barriers.

(6) Nonload bearing walls in inmate housing units less than 12 feet high shall have 12-gage steel continuous angles between overhead horizontal structural members on both sides. Voids located at the top of the wall shall be sealed with concrete masonry units grouted solid, solid concrete masonry units, or 3/16-inch metal plate. Walls in excess of 12 feet shall be stabilized but may use clip angles in lieu of continuous angles.

2. Wall penetrations.

a. Access doors or panels shall be the same security grade as the wall in which they are installed.

b. Access doors or panels to access building systems and equipment shall be a minimum of two-feet by two-feet.

c. Consideration shall be given to designing mechanical, electrical, fire protection, and security electronics systems to minimize access doors or panels in walls.

d. Ceiling access panels or doors within the secure perimeter shall be provided with panels and locks equivalent to the security level of the ceiling in which it is used.

e. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

f. Any opening behind a toilet fixture shall be protected in accordance with the requirements of the wall where it is installed.

3. Interior partitions within the secure perimeter.

a. Interior partitions shall be constructed of a minimum of six-inch concrete masonry units or equivalent.

b. Mortar utilized when the wall is of masonry unit construction shall be a minimum of 2000 psi compressive strength.

c. Openings in interior partitions.

(1) Doors and frames shall be a minimum of 1-3/4 inches thick commercial grade hollow metal with a minimum 16-gage door and 14-gage frame.

(2) Door hardware shall be a minimum of commercial grade.

(3) Windows shall have security glazing or tempered glass in accordance with 6VAC15-81-970.

B. Floor systems.

1. Floor systems within and including the secure perimeter shall be one of the following:

a. A poured-in-place concrete slab on grade with a minimum thickness of four inches and not less than continuous six-inch by six-inch by 10-gage embedded welded wire fabric reinforcing or equivalent.

b. Hollow core concrete plank system providing a minimum equivalent concrete thickness of:

(1) Three inches if cores are oval or round; or

(2) Four inches if cores are square or rectangular.

For purposes of calculating equivalent thickness for security, topping is not included.

c. Precast concrete tees providing a minimum equivalent concrete thickness of four inches at the flange. If topping is used, it shall be a normal weight concrete of a minimum of two inches thick and provide adequate cover for #4 rebar eight-inch on center in one direction or W4 welded wire mesh six-inch on center in both directions.

2. Floors in six-sided steel cells and six-sided precast concrete cells shall be tested in accordance with ASTM F2697 testing requirements Grade 1 to a minimum of 1,000 blows for horizontal assemblies.

C. Roof and ceiling systems.

1. Upper secure perimeter shall consist of a roof or ceiling as follows:

a. Roofs. The roof construction or uppermost secure perimeter shall be one of the following:

(1) A minimum of four inch standard weight concrete with a minimum strength of 3000 psi. Reinforcing shall consist of not less than continuous six-inch by six-inch by 10-gage embedded welded wire fabric reinforcing.

(2) Precast concrete plank or panels providing a minimum total concrete thickness of four inches.

(3) Hollow core concrete plank providing a minimum equivalent concrete thickness of:

(a) Three inches if cores are oval or round; or

(b) Four inches if cores are square or rectangular.

For purposes of calculating equivalent thickness for security, topping is not included.

(4) Three-inch standard weight concrete with a minimum strength of 3000 psi on 16 gage steel form (or decking) on concrete or steel support members.

(5) Three-inch standard weight concrete with a minimum strength of 3,000 psi with six-inch by six-inch by 10-gage wire fabric on a 22-gage steel form (or decking) on concrete or steel supporting members.

(6) Precast concrete tees providing a minimum equivalent concrete thickness of four inches. If topping is used, it shall be a normal weight concrete of a minimum of two inches thick and provide adequate cover for #4 rebar eight-inch on center in one direction or W4 welded wire mesh six-inch on center in both directions.

b. Ceilings. A ceiling used for the uppermost horizontal secure perimeter is acceptable if tested in accordance with ASTM F2697 testing requirements to a minimum of 1,000 blows.

2. Interior ceilings. Ceilings within the secure perimeter, but not serving as the secure perimeter, shall have or exceed the level of protection specified in the table in this subdivision.

 


Ceiling Location (within the secure perimeter):

Minimum ceiling height / min. clear ht. 2

Security steel systems as approved by reviewing authority

Security gypsum board6,7

CWFAM w/hold-down clips3

Gypsum board - single layer

Lay-in ACT with hold-down clips4

Exposed structure not requiring a ceiling1,2

Corridor in housing unit

10'

X

15'

Corridors in other than housing unit

8'

X

15'

Personnel sally port

8'

X

10'

Vehicular sally port

15'

15'

Inmate toilet

9'

X

Staff toilet

8'

X

Janitorial closet

8'

X

10'

Mechanical/electrical/maintenance rooms

9'

9'

Security electronics room5

9'

9'

Storage room

8'

X

15'

Office areas

8'

X

Tool rooms

8'

8'

Control room5

8'

X

Intake/booking/processing

9'

X

15'

Cells

7'6"

X

GP dayrooms-single level:

10'

X

15'

GP dayrooms-two level:

Perimeter ceiling areas above the tier walkway to a point 6'0" from the edge of tier railing

8'

X

Center part of dayroom ceilings, starting at 6'0" minimum horizontally from edge of tier railing

15'-AFF of dayroom

X

15'

Cells

7'6"

X

Dormitories

10'

X

15'

Inmate toilet areas9

9'

X

Inmate showers9

7'6"

Kitchen9

9'

X

Staff dining room

9'

X

Food storage

10'

X

12'

Laundry

10'

X

12'

Vocational shops

9'

X

12'

Indoor recreation main recreation

18'

18'

Classrooms, library, multipurpose and other similar spaces

10'

X

Visiting:

Contact visiting room

9'

X

Inmate search

9'

X

Noncontact visiting

9'

X

Medical:

Waiting rooms

9'

X

Exam rooms & treatment areas

9'

X

Medical offices, records

9'

X

Pharmacy5

9'

Warehouse

12'

Canteen

9'

X

12'

Property storage

12'

Ceiling Location

(outside the secure perimeter):

Armory5

9'

Community Custody

Corridor - community custody8

8'

X

12'

Community custody housing

10'

X

15'

Community custody entry/processing8

9'

X

12'

Multipurpose spaces

10'

X

12'

1Minimum clear height that does not require a ceiling. Clear height means distance from the floor to the ceiling or roof or lowest hanging or suspended utilities or fixture.

2Minimum clear height to lowest structure, ceiling panel, utility or fixture.

3Hold-down clips on cementitious wood fiber acoustical material (CWFAM) shall be equivalent to hurricane strength clips secured with screws.

4Hold-down clips on lay-in ceiling must not release under upward pressure without breaking or hold dislodging of panels without damage to the panels.

5Walls shall go up to floor or ceiling above or the area has a security cap.

6Security gypsum ceiling shall be constructed in accordance with the following: two layers of 5/8-inch gypsum wall board with 0.66 pounds per square foot, on 1/2-inch by 13-gage or 3/4-inch by nine-gage diamond mesh metal lath, per ASTM F1267, Type I or Type II securely fastened to the structure or structural supports.

7Cement plaster ceilings of not less than three-coat Portland cement plaster installed on approved heavy metal lath may be used in these locations.

8No hold-down clips are required.

9Moisture resistant material appropriate to wet locations shall be used.


3. Secure ceilings shall be provided in other areas where inmates are unsupervised.

4. Consideration shall be given to ensure that adequate space (a minimum of eight inches) is provided between the ceiling (including recessed lighting fixtures) and above ceiling building systems (e.g., duct, conduit, wiring, piping, tubing, structure, etc.) to allow for installation of the ceiling at the specified height.

5. Ceilings over showers and toilets shall be equivalent to security requirements of space in which it is located.

6. Security capping.

a. Any space surrounded by interior security walls that does not extend to a secure floor or roof structure above or uppermost horizontal secure perimeter shall be capped to comply with a material or assembly meeting the requirements of ASTM F2322 testing method to Grade 1 or with four inches of concrete or equivalent. This includes cells, control rooms, sally ports, and armories.

b. Open spaces above areas required to be security capped shall be protected to eliminate blind spots or access for hiding.

7. All penetrations of the uppermost secure perimeter shall be protected by maximum security opening protectives equivalent to types specified in 6VAC15-81-940, 6VAC15-81-950, and 6VAC15-81-960. Where operable, opening protective shall be equipped with maximum security locks in accordance with 6VAC15-81-950.

8. Access openings.

a. Consideration shall be given to designing mechanical, electrical, fire protection, and security electronics systems to minimize access doors or panels in ceilings.

b. Protection of openings shall be the same security grade as the ceiling in which it is installed.

c. All access openings to the space above security ceilings shall be protected by hinged metal access panels or doors equipped with keyed locks.

d. Access doors or panels to access building systems and equipment shall be a minimum of two-feet by two-feet.

e. Ceiling access panels or doors within the secure perimeter shall be independently and securely supported to prevent vertical displacement.

f. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

6VAC15-81-940. Doors and frames - security and nonsecurity.

A. Security doors used where perimeter security and interior security walls are required shall be one of the following:

1. Hollow metal security doors shall meet the requirements of ASTM F1450 as follows:

a. Maximum security and perimeter security doors shall be ASTM Grade 1.

b. Doors in interior security walls and associated with medium security housing shall be ASTM Grade 2 or better.

c. Minimum security doors shall be ASTM Grade 3 or better, except doors shall beASTM ] Grade 2 or better if in interior security walls.

2. Bar grille doors shall include double ribbed steel bars measuring 7/8-inch diameter at five inches on center with flat steel crossbars measuring 3/8-inch by 2-1/4 inches at 18 inches on center with punched holes for ribbed bars at five inches on center. Door frames shall be installed in accordance with Hollow Metal Manufacturers Association (HMMA) 863 and ASTM F1450.

3. Woven rod door.

a. Woven rod door frames shall be constructed of tubular shaped 12-gage steel channel or 3/16-inch right-angle bent steel plate, punched to receive woven rods.

b. The cap channel shall be 12-gage steel plate.

c. The woven rod door mesh shall be 3/8-inch in diameter steel rod woven at two inches on center each way and double crimped.

d. Welds shall be placed a minimum on every other rod where it cannot be accessed by the inmate.

e. The frame shall be mounted into a 10-gage formed steel channel, expansion anchored to the wall, and field welded to the mount channel.

f. Door frames shall be installed in accordance with HMMA 863 and ASTM F1450.

4. Access opening protection.

a. Access panels, doors, frames, locks, and hardware shall at a minimum be equivalent to the security level of the wall, roof, or floor where they are installed.

b. Steel plate doors may be used as an alternate. If used, access doors or panels shall meet the following requirements:

(1) Shall be a minimum of 3/16-inch thick plate steel.

(2) Shall have minimum of 3/16-inch bent steel plate or equivalent rolled steel shape door frame. Each jamb for security access openings shall be anchored with wall anchors not to exceed 18 inches on center with a minimum of two wall anchors per jamb.

(3) Frame and bracing shall be sufficient to prevent the door or panels from flexing or warping from abuse.

B. Nonsecurity doors shall be steel commercial grade minimum 1-3/4 inches thick hollow metal doors with 16-gage face sheets with rigid inner core. Frames shall be commercial grade 14-gage hollow metal or equal.

C. Solid core wood doors are an acceptable alternative as a nonsecurity door in walls designated as nonsecure.

D. Additional features.

1. Where doors and hardware are required by the building code to be fire-rated construction, such construction shall not reduce or compromise the security requirements or present a hindrance to emergency evacuation.

2. Security frames shall be completely filled with 3,000 psi fine grout meeting the requirements of ASTM C476.

3. Doors for any room utilized by inmates shall open out away from the inmate occupied side.

4. Doors in inmate occupied areas shall not have loop pulls on the inside of the door. Finger pulls are recommended in those locations.

5. Passproof thresholds shall be installed at doors to prevent passing of contraband between housing units.

6. Sliding doors, door mechanisms, and food passes shall be oriented and installed to minimize inmate interference with door operation.

6VAC15-81-950. Locks and locking systems.

A. Security level. Locks shall meet the requirements of ASTM F1577 for swinging doors and ASTM F1643 for sliding doors. Locks on perimeter security doors and maximum security doors shall be Security Grade 1. Locks in interior security walls shall be Security Grade 2 or better. Locks in interior security partitions shall be Security Grade 3 or better.

B. Locking devices. Where a high degree of security and positive door control is required in cells, dayrooms, and corridors, sliding door locking devices capable of being operated from a control room are recommended.

C. Magnetic and electromagnetic locks shall not be used as security locks.

D. Controls shall be provided to operate the locks and locking devices in the required modes.

1. The switches, relays, and other devices shall make up a control system compatible with the locks and locking devices and shall be capable of providing the switching necessary to satisfy all desired operational modes.

2. A master control console or panel shall be designed to display all switches to the operator. Normally installed in a secure room (i.e., officer control room) the console shall be equipped with a control for each door, a group control for each wing of the building (or cell block), and controls for the corridor and sally port doors that control access to those wings.

3. In housing control stations and control rooms, door controls shall release cell doors individually, as a group, and as emergency release.

4. Housing control stations and control rooms shall have a local and remote power cutoff and the ability to transfer operation to the master control room.

5. Control panels shall have position, lock, and roller bolt or locking bar indication for security gates and doors.

6. In the event of a power failure the locking system shall be fail secure.

7. Emergency release provisions shall be made for unlocking or group-release of cell doors in case of fire, power failure, or other emergencies.

a. Standby power from a generator is required.

b. Other forms of emergency release shall be reviewed and approved by the reviewing authority.

E. Master keying shall be provided for all security locks. Master keying shall utilize a minimum of two keys so that no one key can be used to get from any point in the facility through multiple doors to the outside of the facility. All secure perimeter doors shall be keyed separately from interior doors.

F. Locks on inmate toilet room doors, with the exception of within housing units, shall be lockable from the outside but not lockable from the inside.

G. Within housing units, locking shall be as follows:

1. Inmate showers and toilet rooms with full height doors shall be staff lockable from the outside but shall not be capable of being locked or latched from the inside.

2. Inmate showers and toilet rooms with partial height doors may be latched from the inside.

H. Staff toilets shall be key locked from the outside and thumb turn operable or not lockable from the inside.

I. Plumbing chases shall not be lockable from the inside.

J. Sally ports interlocking requirements.

1. Sally port doors shall be interlocked in a manner that only one sally port door or gate shall be openable at a time under normal operation. All sally port doors or gates shall be installed so they are confirmed to be locked by mechanical or electronic means prior to the opening of any other door or gate. Sally port locking and unlocking shall be remotely controlled from a secure control room.

2. Vehicular sally port gates or doors shall be capable of being operated and locked from a remote location with provisions for manual operation and locking when power is off or in the event of emergency action.

3. Vehicular sally port doors shall be a minimum of 12 feet high.

4. Rollup and bifold doors in vehicular sally ports, warehouse, and loading docks are not considered security doors.

5. Cell door release shall be separate from housing unit entry door release locking.

6. Doors between adjacent housing units shall not be interlocked with sally ports.

6VAC15-81-960. Window frames.

A. Performance requirements and criteria for the selection and intended use of windows shall include the following considerations: security, natural lighting, ventilation, and weather protection.

B. Security requirements.

1. Security frames shall have 1-1/4-inch glazing stops with a one-inch bite and be secured with security screws on the non-inmate side.

2. Security frames shall be completely filled with 3,000 psi fine grout meeting the requirements of ASTM C476.

3. Windows shall have security glazing in accordance with 6VAC15-81-970.

4. Where necessary because of field conditions in renovations or replacements, field fabricated security windows shall have a minimum 14-gage window frame and be approved by the reviewing authority.

C. Secure perimeter. Windows frames that are to be installed in the building perimeter security (exterior and interior walls and clearstory/skylight assemblies) shall meet the requirements of ASTM F1592 Grade 1 or better

D. Interior security.

1. Maximum security window frames shall be Security Grade 1 or better.

2. Window frames in other interior security walls shall be Security Grade 2 or better.

E. Non-security windows may be provided in an exterior security wall to provide a noninstitutional appearance. When such windows are used, however, the window opening shall be protected on the interior side of the opening by a steel bar grille or woven rod with security frame comparable to the security assemblies described in this section.

6VAC15-81-970. Security glazing.

A. When selecting glazing, consideration shall be given to ballistic attack, whether penetration of glazing would compromise security or allow passage of contraband, degree of staff supervision or surveillance, and anticipated amount of vandalism.

1. Glazing security grade level shall be in accordance with ASTM F1915.

2. Bullet resistant glazing shall meet ballistics requirements of ASTM F1233 for weapons capable of concealment and UL 752 Level III, super power small arms. This glazing shall be low spalling or no spalling.

B. The level of glazing resistance to penetration or ballistic attack shall be consistent with the security level of walls and other building components in which it is located.

1. Where openings exceed five inches in one direction and are not protected by bar grille or woven rod:

a. Glazing in maximum security walls and doors shall be Security Grade 1 or better.

b. Glazing in interior security walls and doors shall be Security Grade 2 or better.

c. Glazing in interior partitions inside the secure perimeter shall be Security Grade 4 or better.

2. Glazing in control rooms shall be:

a. Security Grade 1 in master control room.

b. Security Grade 1 and bullet resistant where glazing separates a control room from a public area.

c. Security Grade 2 or better for other control rooms.

3. Glazing associated with visitation or magistrate areas that form a part of the secure perimeter shall be one of the following:

a. Security Grade 1 glazing with bar grille or woven rod.

b. Security Grade 1 glazing and bullet resistant.

c. Glazing in visitation between the public and inmate may be Security Grade 1 glazing supplemented by an additional secure perimeter wall with sally port enclosing the public side of the visitation area.

4. Security glazing panels shall be no larger than 36 inches by 48 inches unless located a minimum of seven feet above floor level.

5. Glazing security grade may be reduced one level if lowest portion of glazing is 12 feet above adjacent floor level.

6. Tempered or insulated glass or both may be used in openings five inches or less in one direction unless bullet resistant or contraband resistance is required, in which case glazing rated for such shall be used.

7. Glass security glazing or glass clad security glazing shall not be used unless required for fire rating or unless approved by the reviewing authority on a case by case basis for specific locations.

8. Plate glass, float glass, and other conventional glass other than wire or tempered glass shall not be used in any openings located within the secure perimeter or in any interior security walls, interior partitions, doors, or other openings within the area enclosed by the secure perimeter. Wire glass may only be used where required for fire rating purposes.

9. Tempered glass, if used, shall meet the requirements of (American National Standards Institute) ANSI Z97.1 Class A safety test or Consumer Products Safety Commission Category II safety test.

10. Where bar grille or woven rod is required to be used for windows, it shall be similar in design and constructed in accordance with bar grille or woven rod indicated in 6VAC15-81-930.

11. Where the frame or frame and mullions provide the security for the window opening, the maximum clear dimension of the opening shall be no more than five inches in one direction.

12. All openings, such as windows, louvers, clearstories, and skylights, penetrating the secure perimeter walls, floors, or roof shall be protected by bar grille or woven rod partitions constructed as required by subdivisions A 1 c (4) and A 1 c (5) of 6VAC15-81-930 when they are larger than:

a. Eight inches by eight inches or;

b. Five inches in one direction if the other dimension is larger than eight inches.

Exception: Glazed areas protected and located in accordance with subdivision 3 of this subsection.

13. To avoid tampering, removable glazing stops shall be applied, wherever possible, on the side opposite the inmate occupied area. Where stops are placed in an inmate area, they shall be secured with an ample number of strong, properly installed, tamper resistant fasteners of design required by 6VAC15-81-930 or approved by the reviewing authority. Junctions of horizontal and vertical glazing stops on the inmate side shall be welded to prevent removal of portions of stop members.

14. Exterior windows in security areas in new construction shall be fixed. Exception: In renovations where windows are operable, exterior windows in security areas that are capable of being opened shall have additional protection of heavy duty stainless steel, security wire contraband, and insect screen.

Article 5 Mechanical, Plumbing, Electrical, Smoke Control, and Fire Protection

6VAC15-81-980. Mechanical, plumbing, electrical, smoke control, and fire protection installation.

Unless indicated otherwise by this chapter, all components of mechanical, plumbing, electrical, smoke control, and fire protection systems, including air handlers, fans, duct work, terminal boxes, dampers, heating and cooling equipment, water heaters, pumps, piping, valves, sensors, control wiring, thermostats, tubing, conduit, wiring, motors, lighting fixtures, and associated equipment within the secure perimeter shall be mounted as follows:

1. As high as possible for the intended function and securely fastened to the structure or walls.

2. If located less than 12 feet above the finished floor or within six feet horizontally of guard rails enclosing tier floor and landing levels in dayrooms, the components shall be specifically designed for the security level of the space where it is installed, protected by a secure enclosure, or protected by secure encapsulation. Exceptions include spaces dedicated for staff use. "Secure enclosure" means secure walls, secure floors, and secure roof or secure ceiling surrounding a space or area.

3. Piping, wiring, conduit, control wiring, and tubing shall not be exposed in cells.

6VAC15-81-990. Mechanical.

A. Within the secure perimeter of the facility, flexible duct work shall not be installed within six feet of any opening (e.g., register, grille, diffuser, etc.) that can be accessed by inmates.

B. Air inlets and outlets.

1. Maximum security grills shall be provided in the following areas:

a. All cells.

b. Maximum security housing units.

2. Maximum security grills shall have a 3/16-inch steel face plate interconnected to a 3/16-inch thick steel sleeve. Openings in the face shall be no larger than 3/16-inch each. Alternatively, a security grille specifically designed for suicide resistance may be allowed as approved by the reviewing authority.

3. In inmate accessible areas, other than maximum security, security grilles, security diffusers and security face plates shall be 12-gage or protected by 12-gage steel full face protection.

4. Commercial grade grilles, diffusers and face plates may be provided in:

a. Areas where lay-in ceiling tiles or single layer gypsum board ceilings are allowed.

b. Areas located greater than 12 feet above the floor.

c. Areas greater than six feet measured horizontally from any tier.

d. Staff areas within the security perimeter.

5. Grilles, diffusers, and face plates shall be constructed of stainless steel in inmate shower areas and stainless steel or aluminum in kitchen areas. Thickness of stainless steel grilles and diffusers for shower areas shall be as required for the security level indicated in this section.

6. Consideration shall be given to upsizing grille and diffuser sizes, but not openings in face, to compensate for pressure drop due to anticipated paint buildup.

7. Consideration shall be given to locating inlets and outlets to provide proper distribution of air and prevent short circuiting.

C. Opening protectives. Duct and other penetrations of security walls, security floors, security ceilings or security roof shall be protected by bar grille or woven rod meeting the dimensional requirements for walls in this chapter when they are larger than:

1. Eight inches by eight inches.

2. Five inches in one direction if the other dimension is larger than eight inches.

3. Exceptions:

a. Duct bars are not required in wall penetrations in the interior security walls located within an individual housing unit, or the inner wall of their integral sally port. Duct bars are required in penetrations of control rooms.

b. Duct bars are not required if maximum security grilles are provided in interior security walls or interior security ceilings in accordance with subsection B of this section.

D. Within the secure perimeter, portions of the mechanical system requiring maintenance or inspection shall be located so it cannot be accessed by inmates.

E. Supply, return, or exhaust through chases shall be ducted.

F. Armories shall have a dedicated exhaust to the outside of the building.

G. Control rooms shall have dedicated HVAC systems.

6VAC15-81-1000. Plumbing.

A. Showers.

1. Showers shall include a soap dish and drain. Shower heads shall be positioned to confine water flow to shower stall.

2. Hot and cold or tempered running water shall be available in all showers. Hot and cold running water shall be available in all lavatories. Hot water, which is accessible by inmates, shall be controlled by a temperature limiting device to preclude temperatures in excess of 105 degrees F.

3. Toilet area wall, floor, and ceiling surface finishes shall be durable, washable, and resistant to water, mold, and mildew.

4. Shower ceiling, wall, and floor surface finishes shall be durable, washable, and resistant to water, mold, and mildew. Shower and shower area floor surface finishes shall be slip resistant. The reviewing authority may require that inmate showers be constructed from stainless steel.

5. All showers for inmate use shall be operated by metering push button control.

B. Plumbing fixtures.

1. Plumbing fixtures in maximum security housing units shall be stainless steel. ]

2. In indirect supervision medium security housing units, toilets and lavatories shall be stainless steel.

3. In minimum security housing units and direct supervision medium security housing areas, toilets shall be a minimum of commercial grade tankless toilets and commercial grade lavatories.

4. Soap holders in showers and toilet paper holders shall be the recessed type.

5. Showers providing ADA accessibility designed with fixed low shower head shall have a second head at standard height.

6. Where an ADA accessible mirror is provided, a regular height mirror shall also be provided. Height to bottom of regular height mirror is recommended at 53 to 57 inches.

7. Consideration shall be given to maintenance and sanitation (ponding water and soap) and suicide resistance when selecting grab bars in ADA accessible showers.

8. All toilets for inmate use shall be operated by push button activators. Lavatories for inmate use shall be operated by metering push button activators.

9. Inmate plumbing fixtures in sally ports shall be maximum security.

10. Gooseneck faucets shall not be allowed on lavatories in inmate accessible areas.

C. All floors and tiers in housing units shall be provided with adequate drainage to handle standing water associated with shower areas, toilet or sprinkler overflows, and cleaning.

D. Kitchens and laundries shall be provided with adequate drainage.

E. Janitorial closets with mop sinks and storage shall be provided in every inmate housing unit. Janitorial closets shall be provided in proximity to intake and to serve corridors.

F. Toilet facilities for the use of security and administrative staff and inmates shall be located throughout the building. Staff toilet facilities shall be provided in master control stations. Staff toilet facilities shall be provided in, or convenient to, other control stations or control rooms.

G. PVC or other plastic piping, one-half inch or greater, shall not be used above the ground floor slab within the secure perimeter of the jail. For transitions, PVC piping may extend not more than six inches abovethe ] floor.

H. Plumbing fixtures and lines shall not be located above security electronic rooms.

I. Isolation valves and balancing valves are recommended to facilitate maintenance. Butterfly valves are not recommended.

J. As a minimum, a water supply shutoff controllable from outside each housing unit shall be provided from a location readily accessible by staff but not by inmates. Remotely controlled water supply shutoff valves should be considered for individual inmate cells, especially at special housing.

K. Gravity sanitary drainage mains and fittings serving two or more fixtures in housing units shall have a minimum inside dimension of six inches.

L. For inmate toilets with a gravity sewer, a cleanout with interceptor pin at each tee in chases is recommended.

M. All sanitary and stormwater piping penetrating a secure perimeter wall, security floor, secure recreation yard, or vehicular sally ports shall not exceed eight inches in diameter. If flow calculations require a pipe diameter greater than eight inches, a series of eight-inch or smaller pipes equivalent to or greater than the flow area calculated shall be used. It is expected that multiple pipes be installed as a duct bank.

N. All showers shall be provided with mechanical exhaust directly from the shower compartment. Single showers shall be exhausted individually. In the case of multiple showers without full height partitions between the showers, the exhaust may be from a centralone ] location from the shower area.

O. All fixtures shall be low flow, water saving type.

P. Inmate lavatories, drinking fountains, toilets, and urinals inside the secure perimeter shall not have exposed piping and components.

6VAC15-81-1010. Electrical.

A. All wiring, conductors, and control tubing shall be concealed to the greatest extent possible.

1. Where wiring is exposed and accessible by inmates, it shall be housed in intermediate metal conduit (IMC) or rigid metal conduit (RMC) with threaded fittings.

2. Rigid nonmetallic conduit (PVC or CPVC) shall not be used above ground floor slab within the secure perimeter except when encapsulated in concrete or grouted concrete masonry units. For transitions, rigid nonmetallic conduit may extend not more than six inches above floor.

3. Flexible metallic conduit not exceeding six feet in length shall be allowed above ceilings.

4. Flexible conduit, if required for a moving part of a device (e.g., pan-tilt-zoom camera), shall not exceed 12 inches exposed and shall be liquid tight or equivalent.

5. Electrical metallic tubing (EMT) and other types of conduits are not permitted within the secure perimeter.

B. The intensity of artificial lighting shall be in accordance with the requirements of 6VAC15-40, Minimum Standards for Jails and Lockups.

C. Standby power.

1. A standby power source shall be provided sufficient to sustain, as a minimum, life safety operations, security systems, refrigerators, and freezers.

a. "Life safety operations" means the function of certain electrical, mechanical, and other building equipment provided for the purpose of ensuring the life, health, and safety of building occupants in an emergency situation.

b. Fuel capacity shall be provided for a minimum of 72 hours of operation without refueling.

c. Consideration shall be given to emergency power for nonemergency lighting.

2. Consideration shall be given to protection of generators, standby power source, and fuel sources from unauthorized access or damage by location, fencing, or enclosure.

D. Light fixtures.

1. The security level of fixtures shall be consistent with the security level of the area where located.

2. Security light fixtures shall be surface mounted to any ceiling that is the secure perimeter. Exception: Security fixtures that are designed for, integral to, and maintain the security level of the ceiling, which is not the secure perimeter, may be recessed.

3. Fixtures installed in nonsecure lay-in ceilings may be standard fixtures with vandal resistant lenses.

4. Suspended ceiling mounted lighting fixtures in maximum and medium security housing units shall be supported from the structure above with threaded rods, independent of any ceiling grid or framework.

E. Placement of receptacles and lighting switches in individual cells is discouraged. Consideration should be given for access to power for medical devices.

F. Surge protection shall be provided on power supplies for electrically powered systems and service to include those that leave the building.

G. Lightning protection with a UL Master Certification is required for the facility.

6VAC15-81-1020. Smoke control.

A. A smoke control system shall be provided for dormitory and celled areas such as intake, medical, special purpose, and general population housing.

B. The pressurization method, with a minimum of 24 air changes per hour of exhaust and 20 air changes per hour of makeup air, is preferred, but the exhaust method may be used.

C. Exit corridors shall be positively pressurized to minimize smoke migration into the area and keep the path of egress clear of smoke.

D. A smoke test shall be performed prior to acceptance of the building. The local fire department, local building official, facility safety officer, or their designees shall be invited to witness the smoke tests, and the tests shall be witnessed by the reviewing authority. The areas to be tested shall be at least one each of a typical dormitory and one of each typical celledareas area ], such as intake, medical, segregation and each configuration of general housing, as determined by the reviewing authority.

E. Smoke machines to perform the tests shall be furnished by the owner or the owner's contractor. Smoke machines provided shall be of sufficient size and capacity to perform the tests in a short period of time.

F. Understanding that there are many variables involved, the desired results of the tests are as follows: from start of smoke machine to system alarm shall be two minutes or less; from system alarm to system activation shall be 30 seconds or less; from system activation to distinguish an egress path from the center of the room to an exit shall be two minutes or less; and from system activation to the space being sufficiently clear to reset the system shall be 30 minutes or less.

6VAC15-81-1030. Fire protection.

A. Sprinkler heads in inmate accessible areas shall be detention type heads.

B. Exposed fire alarms, smoke detectors, heat detectors, and audible and visual signaling devices shall be mounted as high as practicable, and if below 12 feet, they shall be covered with heavy-gage tamper-resistant protective cages securely fastened to the surface. All exposed devices including sprinkler heads in gymnasiums or indoor recreation areas shall be covered with protective cages.

Article 6 Miscellaneous Construction Features

6VAC15-81-1040. Jail equipment.

A. All jail security equipment, fixtures, hardware, etc. shall be of a design to meet the security level consistent with the intended use of the space.

B. Bunks installed in maximum and medium security cells shall be bolted through the wall, welded to imbeds, or bolted or welded to inserts cast into the wall or floor.

C. Fixed tables and seats shall be through-bolted through the wall, welded to imbeds, or bolted or welded to inserts cast into the wall or floor.

D. Door closers within the secure perimeter shall be the concealed arm type.

E. All equipment and systems shall be installed in accordance with manufacturer instructions unless otherwise required by this chapter or approved by the reviewing authority to be installed differently.

F. Exposed surfaces of all metal tables, bunks, seats, cabinets, grab rails, stringers, hand and guard rails, food passes, windows, doors, frames, shelves, and similar items shall have smooth edges to reduce risk of cutting or other injury.

6VAC15-81-1050. Interstitial spaces.

Interstitial spaces above cells, freezers, refrigerators, dryers, showers, stand-alone offices, and similar shall be enclosed to facilitate detection of tampering and prevent unauthorized access and to eliminate blind spots.

6VAC15-81-1060. Security fasteners.

A. Fasteners within the secure perimeter shall be pinned Torx or flush break-off head style fasteners installed with thread locking fluid. Spanner type screws are prohibited.

B. Security fasteners are required in locations as follows:

1. Direct supervision control panels.

2. Inmate accessible elevator cabs and control panels.

3. Security lock mounting plates.

4. Glazing stops for security windows.

5. Security light fixtures.

6. Hinges for security doors.

7. Field fabricated equipment.

8. Installed furnishings and equipment including annunciator panels, fire extinguisher cabinets, thresholds, kickplates, grab bars, mirrors, floor drains, air diffusers, light switch plates, outlet covers, intercoms, thermostats, and cameras in inmate accessible areas.

C. Fixed tables and bunks shall be secured with fasteners as specified in this section or with peened or tack-welded anchor bolts and nuts to prevent removal.

D. Security fasteners are not required for the following:

1. Mechanical, electrical, generator, elevator equipment, or communication equipment in locked rooms with security doors not accessible to inmates or inside enclosed control rooms.

2. Above security ceilings, behind secure locked access doors or panels, and within secure pipe and duct chases.

3. Movable furnishings, storage shelving, or cabinet hardware.

4. Laundry and kitchen equipment.

5. Equipment mounted higher than 15 feet above finished floor or within six feet of the tier.

6. Outside the secure perimeter.

6VAC15-81-1070. Food, paper, and medicine passes.

A. A pass for food and medicine shall be installed in all maximum security cell doors. For purposes of this requirement, holding, intake, maximum security housing, classification, and special purpose cells are considered maximum security.

B. A pass for food shall be installed in a wall or inner sally port door of each housing unit. The food pass shall be lockable and operable from the sally port interior and shall not interfere with the operation of the door.

C. Locking passes shall be installed with the lock and fold down shelf on the side of the door or wall away from the inmates.

D. The size of a food or medicine pass shall be no more than five inches high and at least 15 inches wide or designed to facilitate passage of trays to be used. Food passes shall be installed at a maximum height of 36 inches to the top of the opening.

E. A minimum of a paper pass shall be installed from each control room to the adjoining corridor.

6VAC15-81-1080. Communication.

A. A secure means of communication and a paper pass shall be provided between control room and each dayroom and between magistrate's office and intake.

B. A secure means of communication and a paper pass shall be provided between law-enforcement lobby and intake.

C. In areas where voice communications through the glazing is required or desired, such as magistrate, visitation, and control rooms, a system utilizing vandal resistant individual speakers, microphones, intercom, telephone,speak around speak-around ] frames or approved equivalent shall be specified.

6VAC15-81-1090. Interior finishes.

A. In secure areas, all interior exposed walls, partitions, and ceilings shall have a low maintenance, nonabsorbent durable finish.

B. All floor surfaces shall be of a durable, low maintenance, nonabsorbent material.

C. If concrete floor surfaces are used, they shall be finished with a sealer or coating.

D. Base molding is not recommended in inmate accessible areas within the secure perimeter.

6VAC15-81-1100. Acoustics.

A. Acoustical treatment shall be provided at a minimum in housing units, activity areas, and intake.

B. Acoustical treatment shall be damage resistant.

6VAC15-81-1110. Security sealants.

A. General.

1. Security sealants shall be either elastomeric (tamper resistant: hardness 50 or greater) or low-mod gel (pick-resistant: hardness 70 or greater) type.

a. Tamper resistant sealants shall be provided within all inmate occupied areas subject to continuous supervision.

b. Pick resistant sealants shall be provided within all inmate occupied areas not subject to continuous supervision, such as cells.

2. Where open joints exceed security sealant capabilities to provide a full seal, a metal cover shall be provided with security sealant at its full perimeter.

3. Tamper resistant sealant with range of movements suitable for the application shall be used. Pick resistant sealant shall not be used in movable building joints.

4. Joints above ceilings, those covered by expansion joint covers or otherwise concealed are excluded from requirements for security sealants.

5. Security sealants shall be installed with a primer and in accordance with manufacturer written recommendations.

B. Inmate occupied areas.

1. Tamper resistant sealant shall be provided as transition between surface applied floor finish and transition to wall face in lieu of an applied wall base.

2. Within all cells, pick resistant sealants shall be provided for gaps and open joints at the perimeter of all permanent materials, furnishings, fixtures, and devices.

3. Tamper resistant sealant shall be provided for gaps and open joints in other than inmate cells at the perimeter of all fixtures and devices that are removable if not designed to be continuously supervised.

4. Locations for application of tamper resistant sealant include the following:

a. Dayrooms.

b. Visitation (inmate side).

c. Classrooms.

d. Indoor recreation and multipurpose rooms.

e. Inmate toilets, lavatories, and shower areas.

5. Security sealant is not required higher than 12 feet above the finished floor or beyond six feet horizontally of guard rails enclosing tier floor and landing levels in dayrooms.

6VAC15-81-1120. Fencing.

A. Two levels of security fencing are as follows:

1. Inmate containment fencing designed for outdoor recreation areas outside the secure perimeter shall consist of:

a. Two fences at least 12 feet in height and at least 10 feet apart.

b. Fence fabric shall be at least nine-gage, 2-1/2-inch mesh maximum opening, galvanized steel interwoven wire.

c. Razor wire shall be provided and installed per manufacturer recommendations on the top of both fences in the vee arms or on the outrigger arm on the inmate side at the top.

d. A third row of razor wire shall be located between the fences on the inmate side, adjacent to the outside fence.

e. All razor wire shall be a minimum of 24/30 inch double helix coil constructed of100 percent 100% ] stainless steel.

2. Fencing designed for short-term supervised emergency containment shall be:

a. At least 12 feet high.

b. At least nine-gage and 2-1/2-inch maximum opening mesh.

c. Galvanized steel wire interwoven fence fabric.

d. Topped with a minimum of three rows of barbed wire securely fastened to support arms at the top of line and corner posts angled to the inmate side.

B. Fence components including the top and bottom rails, line posts, terminal posts, tension bars, attachments, concrete footings for the fence, walk gates and truck gates, shall be in accordance with manufacturer recommendations.

C. Both top and bottom selvage of the fence fabric shall be twisted and barbed.

D. All exterior fencing shall be effectively grounded.

E. After installation, all threaded fittings, connectors, and bolts shall be tack welded or peened to prevent nuts and pins from being removed. All exposed threads and connector twisted wire tie ends shall face away from the inmate side of the fence, except for double fences where the exposed threads and connector twisted wire tie ends shall face between the fences.

F. All twisted wire tie down wires shall be minimum nine-gage galvanized steel and twisted a minimum of two turns at each end.

G. Hog ring type connectors are not allowed in fencing construction.

H. Fences are not required to have barbed wire if protected by razor wire.

I. Openings between the fence post and building shall not exceed two inches.

J. Bracing shall be shielded or installed on the side of fenced away from inmates, except for double fences where the connectors and bolts shall be between fences.

K. Lock assemblies for gates in fence shall be protected from unauthorized access and tampering.

L. Tension wires are not permitted in lieu of bottom rails.

Part VI Community Custody Facilities Design and Construction

Article 1 General

6VAC15-81-1130. Community custody facilities design and construction - general.

A. For localities or regional facilities that demonstrate a need based on the needs assessment, a community custody facility meeting the requirements in this section may be constructed with a number of beds in accordance with 6VAC15-81-220 A.

B. These structures are designed to house community custody inmates as defined in this chapter.

C. When designing the facility, specific consideration shall be given to appropriate traffic patterns; groups of functions; facilitating ease of movement to, from, and within functions; clear sightlines to eliminate blindspots; efficiency and economy of staffing; PREA; and facilitating a smooth, logical sequence of operation.

D. Material and installation shall be in accordance with manufacturer recommendations or as otherwise noted in this chapter.

Article 2 Housing Design

6VAC15-81-1140. Separate building.

Community custody housing shall be constructed as a building separate from the secure portion of the jail or separated from the secure portion of the facility by the secure perimeter.

6VAC15-81-1150. Traffic pattern separation.

If secure and community custody housing are provided in the same building, the design of the facility shall provide exterior and interior traffic patterns to assure separation of secure and community custody populations.

6VAC15-81-1160. Type of construction.

Perimeter walls shall be of masonry, concrete, stone, metal, or other similar durable nonfabric, noncombustible material. The reviewing authority may require that perimeter walls, floor, and roof or ceiling meet secure perimeter requirements.

6VAC15-81-1170. Occupancy.

Community custody housing shall be designed to consist of multiple occupancy cells or dormitories. If dormitories are utilized and design capacity of community custody exceeds 24, at least two housing units are required.

6VAC15-81-1180. Separation of males and females.

A community custody facility that contains housing units for both males and females shall have the housing units designed and constructed to prohibit normal communication by sight and sound between the two.

6VAC15-81-1190. Housing unit size.

A. Housing units shall be dormitories or multiple occupancy cells.

1. Multiple occupancy cells shall be designed for no more than four inmates per cell and shall be sized in accordance with the current American Correctional Association Standards for Adult Local Detention Facilities. Multiple occupancy cells shall be configured to open into a dayroom.

2. Dayroom space shall contain no less than 35 square feet of space for each inmate for which the unit is designed to serve. Calculation of this space shall not include sally ports, visitation booths, stairs, area under stairs, toilet, shower, and lavatory areas. On the first level an, 18-inch wide path in front of all cell fronts, toilets, and showers shall not be counted as dayroom space.

3. Dormitories shall be constructed to provide 85 square feet of space per inmate for each inmate for which the area is designed. The 85 square feet associated with dormitory space is normally separated into 50 square feet for sleeping and 35 square feet for activity. Calculation of this space shall not include sally ports, stairs, area under stairs, or toilet, shower, and lavatory areas.

B. Ceiling heights in these cells areas shall meet the requirements of the table in 6VAC15-81-930 C 2.

C. Housing units shall be designed to accommodate no more than 48 inmates per dormitory or 64 inmates per housing unit with multiple occupancy cells.

6VAC15-81-1200. Building access.

The facility shall be designed for the capability to monitor ingress and egress to the facility. Space shall be provided outside of the housing unit for search, work clothes lockers, showers, and toilet facilities. If attached to a secure facility, the primary entrance and exit to the facility shall be separate from that of the secure portion of the facility. Any connection between the secure portion and the community custody portion shall besally-ported sally ported ].

6VAC15-81-1210. Fixtures and furnishings.

A. Each housing unit shall be provided with natural light, toilet fixtures, hot and cold running water, drinking fountain or lavatory with a sanitary bubbler, mirrors, bed or bunk, tables and seating, and storage space for personal items to accommodate the number of inmates for whom it is designed.

B. Showers, lavatories, and toilets shall be located within the dayroom or dormitory.

6VAC15-81-1220. Services.

Space or provisions shall be made for food service, laundry, commissary, and other support services.

Article 3 Additional Design Features

6VAC15-81-1230. Elevators.

Elevators, if provided, shall be of sufficient size to transport food carts and at least one elevator per facility shall be of sufficient size to transport wheeled stretchers or gurneys.

6VAC15-81-1240. Corridors.

Corridors used for the movement of inmates, stretchers, food carts, etc. shall be constructed to provide a minimum of five feet in width and height meeting the requirements of the table in 6VAC15-81-930 C 2.

6VAC15-81-1250. Door swing.

Door swings for any space utilized by inmates shall open away from the inmate occupied side.

6VAC15-81-1260. Voice and visual communication.

A. The facility shall be equipped with a system capable of communicating with the master control of its associated facility.

B. To enhance operations and security, intercom and CCTV systems shall be considered.

6VAC15-81-1270. Telephone.

Provisions shall be made for inmate telephone and video communication services available at appropriate locations within the facility.

6VAC15-81-1280. Multipurpose space.

A minimum of 15 square feet per inmate expected to use the space at any one time, but not less than 360 square feet of space shall be provided for indoor recreation or multipurpose use.

6VAC15-81-1290. Drains, storage, and janitorial closets.

A. Floor water drains shall be centrally located in all housing units and adjacent to shower, toilet, and lavatory areas.

B. Storage and janitorial closets with mop sinks shall be provided in or in proximity to housing units.

6VAC15-81-1300. Standby power and emergency release provisions.

A. A standby power source shall be provided sufficient to sustain, as a minimum, life safety operations, security systems, refrigerators, and freezers.

1. "Life safety operations" means the function of certain electrical, mechanical, and other building equipment provided for the purpose of ensuring the life, health, and safety of building occupants in an emergency situation.

2. Fuel capacity shall be provided for a minimum of 72 hours of operation without refueling.

3. Consideration shall be given to standby power for nonemergency lighting.

B. Emergency release provisions shall be made for unlocking or group release of cell doors in case of fire, power failure, or other emergencies.

Article 4 Construction, Mechanical, Plumbing, and Electrical Requirements

6VAC15-81-1310. Interior finishes.

A. All interior exposed walls, partitions, and ceilings shall have a low maintenance, nonabsorbent durable finish.

B. All floor surfaces shall be of a durable, low maintenance, nonabsorbent material.

C. If concrete floor surfaces are used they shall be finished with a sealer or coating.

6VAC15-81-1320. Windows, doors, and locks.

A. Doors, windows and frames shall be commercial grade or detention type.

B. Window openings shall be screened, locked, fixed, or otherwise controlled or designed to prevent unauthorized entry or passage of contraband.

C. Magnetic locks are prohibited.

6VAC15-81-1330. Climate control.

A. Heat and air conditioning shall be provided in all rooms in the facility so that a temperature not less than 65 degrees F or more than 85 degrees F is maintained.

B. Mechanical, electrical, and laundry spaces may be mechanically ventilated.

C. Special consideration shall be afforded to additional cooling in kitchen, food storage areas, and rooms containing heat sensitive and electronic equipment.

6VAC15-81-1340. Mechanical.

A. Thermostats, sensors, control wiring, and control and pneumatic tubing for the mechanical system shall not be inmate accessible.

B. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

6VAC15-81-1350. Plumbing.

A. Shower and toilet areas, including ceilings, shall be provided with a durable surface finish to withstand humidity and cleaning.

B. All exposed plumbing shall be kept flush with the walls and ceilings. Exposed pipes shall not be inmate accessible.

C. Hot water for inmates shall be controlled by a temperature limiting device to preclude temperatures in excess of 105 degrees F.

D. Actuating valves provided on lavatories and showers shall be the metering type.

E. Toilets equipped with tanks are prohibited.

6VAC15-81-1360. Electrical.

A. All wiring, conductors, and control tubing shall be concealed to the greatest extent possible.

1. Where wiring is exposed and accessible by inmates, it shall be housed in intermediate metal conduit or rigid metal conduit with threaded fittings.

2. Rigid nonmetallic conduit (PVC or CPVC) shall not be used above the ground floor slab except when encapsulated in concrete or in concrete masonry units. For transitions, rigid nonmetallic conduit may extend not more than six inches above floor.

3. Flexible metallic conduit not exceeding six feet in length may be installed above ceilings.

4. Electrical metallic tubing (EMT) may be installed above ceilings. EMT, if utilized, shall have compression fittings.

5. Flexible conduit, if required for a moving part of a device (e.g., pan-tilt-zoom camera), shall not exceed 12 inches exposed and shall be liquid tight or equivalent.

6. Set screw fittings and other types of conduits are not permitted.

B. Surge protection is recommended on power supplies for critical life safety, security, and telephone systems. Surge protection shall be considered on control and alarm circuits that leave the building.

6VAC15-81-1370. Lighting.

A. Natural light is required in inmate housing units. Consideration shall be given to providing natural light in renovation projects that provide new inmate housing.

B. Intensity of artificial lighting shall be in accordance with requirements for artificial light in 6VAC15-40, Minimum Standards for Jails and Lockups.

C. Light fixtures shall be a minimum of commercial grade secured with tamper resistant screws.

D. Provisions are required for night lighting.

E. Lights and electrical outlets shall be provided for walk-in type plumbing chases.

6VAC15-81-1380. Equipment.

Equipment and fixtures shall be a minimum of commercial grade.

Part VII Lockup Design and Construction Requirements

6VAC15-81-1390. Lockups and cells.

A. Lockups shall be composed of individual or group cells.

B. Cells shall be designed to contain a minimum of 45 square feet for single occupancy cells plus 15 square feet per inmate for each additional inmate for which the cell is designed.

6VAC15-81-1400. Separation.

Facility The facility ] shall be designed for the necessary sight and sound separation of males, females, and, if planned, of juveniles and with consideration to PREA.

6VAC15-81-1410. Floor drains.

Sufficient floor water drains shall be provided throughout the lockup to prevent water from standing on the floors.

6VAC15-81-1420. Monitoring.

A. Lockups shall be designed to facilitate monitoring by direct visual observation with backup by CCTV.

B. Consideration shall be given to appropriate traffic patterns; groups of functions; facilitating ease of movement to, from, and within functions; clear sightlines to eliminate blind spots; efficiency and economy of staffing; PREA; and facilitating a smooth, logical, and orderly sequence of operation.

6VAC15-81-1430. Fixtures for inmates.

Each cell shall be provided with a stainless steel combination toilet and lavatory with hot and cold running water with an integral drinking fountain.

6VAC15-81-1440. Cell furnishings.

Each cell shall be equipped with a stationary steel or concrete wall bunk or bench.

6VAC15-81-1450. Secure space.

Secure space shall be provided for inmate records, logs, and storage and inventory of inmate property.

6VAC15-81-1460. Telephones.

Telephones shall be available for use by inmates in the admissions area.

6VAC15-81-1470. Visiting space.

Space for confidential attorney visiting shall be provided.

6VAC15-81-1480. Construction requirements.

All components of cells, sally ports, and the room or space containing the cells shall meet the requirements for maximum security construction in this chapter unless otherwise specified in this part.

VA.R. Doc. No. R16-4552; Filed January 5, 2018, 3:48 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
BOARD OF CORRECTIONS
Final Regulation

Titles of Regulations: 6VAC15-80. Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities (repealing 6VAC15-80-10 through 6VAC15-80-1270).

6VAC15-81. Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities (adding 6VAC15-81-10 through 6VAC15-81-1480).

Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.

Effective Date: March 8, 2018.

Agency Contact: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, P.O. Box 26963, Richmond, VA 23261-6963, telephone (804) 887-8215, or email james.bruce@vadoc.virginia.gov.

Summary:

The regulatory action repeals the existing Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities (6VAC15-80) and replaces it with a new regulation, 6VAC15-81. The new regulation updates standards to reflect (i) changes in the Code of Virginia and uniform building and fire codes and (ii) best practices for correctional facilities.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

CHAPTER 81 STANDARDS FOR PLANNING, DESIGN, CONSTRUCTION, AND REIMBURSEMENT OF LOCAL CORRECTIONAL FACILITIES

Part I Definitions and General Instructions ]

6VAC15-81-10. (Reserved.)

6VAC15-81-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Acceptable" means those applicable standards or practices with which a registered professional architect, engineer, or other duly licensed or recognized authority must comply.

"Access openings" means panels or doors used for access into areas including ceilings, pipe chases, plumbing chases, or shafts.

"Accessible by inmates" means the same as"inmate accessible."

"ADA accessible" means in compliance with theAmericans with Disabilities Act (42 USC § 12101 et seq.).

"ADP" means average daily population.

"A/E" means the architect or engineer and his associatedfirm hired by the owner for study, design, or construction of the jail project.

"Analysis" means a detailed examination of thelocal or regional criminal justice system and its elements in order todetermine the impact these elements have had on the need for current and futurejail space.

"Approved" means an item approved by thereviewing authority.

"Artificial light" means light other thannatural light.

"ASTM" means the American Society for Testingand Materials, the most current edition. When ASTM is referenced, the referenceis to the Standards in ASTM Standards on Detention and Correctional Facilities,unless otherwise specified. Testing for compliance with ASTM Standards shall beperformed by an independent nationally recognized testing laboratory.

"Board" means the Virginia State Board ofCorrections.

"Building code" means Virginia Uniform StatewideBuilding Code (13VAC5-63), the Virginia Industrialized Building Code(13VAC5-91), and the Virginia Statewide Fire Prevention Code (13VAC5-51).

"CCJB" means Community Criminal Justice Board.

"CCTV" means closed circuit television orelectronic surveillance system.

"Ceilings" means overhead interior surface thatcovers the upper limit of an interior room or space.

"Cell" means a space, the size of whichare is ] specified in this chapter,enclosed by secure construction containing plumbing fixtures and usually a bunkin which an inmate is detained or sleeps. Cells can be single or multipleoccupancy depending upon custody level.

"Cell tier" means levels of cells verticallystacked above one another within a housing unit.

"Central intake unit" means an area constructedto provide, at a minimum, space for intake, temporary holding, booking, courtand juvenile (if approved for juveniles) holding, classification, and releasefunctions.

"Classification unit" means a cell or unitutilized for short-term holding of inmates for classification purposes afterintake or booking and prior to being assigned to general population or otherhousing.

"Community based corrections plan" or"CBCP" means a comprehensive assessment of an owner's correctionalneeds and how these needs will be met through submissions of a needs assessmentand a planning study.

"Community custody" means inmates incarceratedby the judicial system and classified for involvement in local work forces;participating in work, education, and rehabilitation release; and weekend andnonconsecutive sentencing.

"Construction completion" means the constructionof the building is considered complete when a certificate of occupancy ortemporary certificate of occupancy is issued for the building to be occupied byinmates.

"Construction documents" means the detailedworking drawings and project manual containing detailed specifications andother supporting documents as approved by the reviewing authority.

"Contact visiting" means a space where inmatesand visitors at a minimum may pass papers to one another.

"Control room" means a space enclosed by securewalls, secure roof or secure ceiling, and secure floor from which a jailofficer may supervise inmates and control security systems in a portion of thejail, such as locks, doors, etc.

"Control station" means a space not enclosed bysecurity walls, roof or ceiling, and floor from which a jail officer maysupervise inmates and control security systems in a portion of the jail, suchas locks, doors, etc.

"Correctional facility" means the same as"local correctional facility."

"Dayroom" means a secure area contiguous to aninmate sleeping (cells or rooms) area, with controlled access from the inmatesleeping area, to which inmates may be admitted for daytime activities.

"Department" means the Department ofCorrections.

"Design capacity" means the maximum number ofgeneral beds for which the facility is designed and constructed based on thespace requirements in this chapter as established by the Board of Corrections.

"Direct supervision" means a specific style ofmanagement where correctional officers are stationed full time inside thedayroom rather than solely observing inmate activity from within secure controlpoints. Within this concept, services are generally brought to the inmaterather than taking the inmate to the service.

"Direct visual observation" means direct line ofsight by a correctional officer, not CCTV.

"Dormitory" means an area designed foraccommodating five or more inmates and used to house minimum custody andcommunity custody inmates.

"Encapsulation" means the same as "secureencapsulation."

"Expansion" means to add an area of newconstruction to an existing local correctional facility by constructingadditional areas.

"Facility" means a jail or lockup including allassociated buildings and site.

"50% completion" (of construction value) meansthe day the project reaches the 50% point between the issuance of a buildingconstruction permit and the issuance of the final certificate of occupancy.

"General population housing" means maximum,medium, minimum, and community custody housing. General population excludesspecial purpose cells and intake or booking.

"Glazing" means any infill material, usuallytransparent or translucent glass, polycarbonate or combination thereof, andrelated components, used in a framed assembly.

"Holding" means a space or room designed fortemporary containment of detainees or inmates while awaiting actions such astransfer, transportation, release, etc. Holding of this nature usually does notexceed four hours.

"Housing unit" means a group of single personcells, multi-occupancy cells, or group of such cells with a common dayroom,dormitory, intake, special purpose, or classificationareasarea ] that provide accommodations for sleeping, approved personaleffects, and personal hygiene.

"IMC" means intermediate metal conduit.

"Indirect supervision" means supervision methodother than direct supervision.

"Inmate" means any person committed to a jail bya legal commitment document.

"Inmate accessible" means areas an inmateoccupies or utilizes inside the secure perimeter, including all sally ports.

"Intake" means a cell, group of cells, and openseating within a jail designed to hold one or more persons while awaitingprocessing, booking, classification, orassignment ] tothe general housing units after booking. Intake holding time does not usuallyexceed 72 hours. Cells holding more than one person are frequently referred toas group holding.

"Interior partition" means a wall within thesecure perimeter, which is not required to be a perimeter security wall or aninterior security wall.

"Interior security walls" means walls within butnot a part of a secure perimeter that are utilized to restrict movement withinthe secure area, including housing units, dormitories, corridors, inmateactivity areas, intake area, kitchen, laundry, and program areas.

"Jail" means the same as "localcorrectional facility."

"LIDS" means LIDS-VACORIS, the CompensationBoard's inmate data system.

"Life safety operations" means the function ofcertain electrical, mechanical, and other building equipment provided for thepurpose of ensuring the life, health, and safety of building occupants in thecase of an emergency situation.

"Light" means the same as "artificiallight" ] or" ] naturallight."

"Local correctional facility" means any jail,jail farm, or other place used for the detention or incarceration of adultinmates, excluding a lockup, which is owned, maintained, or operated by, orunder contract with, any political subdivision or combination of politicalsubdivisions of the Commonwealth. This shall also include facilities operatedby a private entity under contract with a regional jail authority underprovision of § 53.1-71.1of the Code of Virginia ].

"Locality" means a county or city.

"Lockup" means a facility, separate from a jailfacility, operated by or for a local government for detention of persons for ashort period of time as stated in 6VAC15-40-10.

"Master control" means the principal secure roomof the entire facility where the control of safety and security of the jailthrough electronic equipment for surveillance, communication, fire and smokedetection, and emergency functions. This room is enclosed by walls, roof orceiling,and ] floor assemblies meeting secureperimeter requirements as well as having opening protectives meeting ASTM Grade1 requirements. This room includes control of the entrances to the jail throughthe secure perimeter and capability of control of ingress and egress to cells,dayrooms, corridors, and other spaces within the entire jail.

"Maximum custody inmates" means persons whocannot be allowed to mingle physically with other inmates without closesupervision, normally because of assaultive and aggressive behavior or highescape risk.

"Medium custody inmates" means those persons whorequire a moderate level of staff supervision and secure accommodations againstescape, but who can be allowed to participate in group activities.

"Mezzanine" means the same as "celltier."

"Minimum custody inmates" means those inmatesclassified as not dangerous or likely to escape, but who are of sufficientconcern to require a minimum level of supervision.

"Minor renovation project" means renovationproject that does not result in an increase in beds and has an estimated costof less than $1 million.

"Multiple occupancy cell" means a cell designedfor two, three, or four inmates.

"Natural light" means light provided by sunlightas viewed from within a housing unit.

"Needs assessment" means an evaluation of trendsand factors at the local or regional level affecting current and futurefacility needs, and the assessment of resources available to meet such needs.The needs assessment is used as the basis for a request for reimbursement oflocal correctional facility construction costs.

"New construction" means to build, expand, orreplace a local correctional facility.

"Operating capacity" means the same as"design capacity."

"Owner" means the locality, localities, or jailauthority responsible for making decisions about the project.

"Owner's agent" means the person or firmdesignated by an owner to make decisions concerning the project.

"Per inmate" or "per bed" means foreach general population bed.

"Piping" means pipes associated with heating,cooling, condensate, domestic water, gas, steam, sewer, storm drain, roofdrain, and fire protection.

"Planning study" means a document providing theanticipated operating program, staffing, operating costs, building design, and costfor construction, expansion, or renovation of a local correctional facilitythat is used as the basis for a request for funding of project costs forreimbursement and initial determination of compliance with this chapter.

"PREA" means the Prison Rape Elimination Act(Public Law 108-79).

"Project" means new construction, renovation, orexpansion of a regional or local jail correctional facility. This includesplanning, design, and construction.

"Public" means all persons with the exception ofprofessional visitors, such as legal, clergy, counselors, pretrial, probation,parole, and law enforcement, and others as authorized by the local correctionalfacility.

"Regional jail" means, for purposes of statereimbursement for construction costs, those jails that meet the criteria setforth in §§ 53.1-81, 53.1-82 and 53.1-95.2 of the Code of Virginia,andany ] jail having at least three member localities that was createdbefore February 1, 1993, or any jail construction project recommended forapproval by the Board of Corrections as a regional jail prior to February 1,1993. For the purposes of this term, "created" means localitieshaving submitted resolutions of local governing bodies or cooperativeagreements, and "cooperative agreements" means a formal contractbetween those jurisdictions participating in a regional jail that specifiestheir mutual financial and legal obligations relating to the ownership,administration, and maintenance of the jail.

"Renovation" means the alteration or othermodification of an existing local correctional facility or piece of equipmentfor the purpose of modernizing or changing the use or capability of such localcorrectional facility or equipment. Renovation does not include work on orrepair or replacement of any part of an existing local correctional facility orequipment, which may be generally associated with normal wear and tear orincluded in routine maintenance. Renovation renders the facility, item, or areain compliance with this chapter and superior to the original.

"Repair" means the correction of deficiencies ina local correctional facility or of equipment, which have either been damagedor worn by use but which can be economically returned to service withoutreplacement.

"Replacement" means the construction of a localcorrectional facility in place of a like local correctional facility or thepurchasing of like equipment to replace equipment that has been so damaged orhas outlived its useful life that it cannot be economically renovated orrepaired.

"Reviewing authority" means the representativesof the Department of Corrections or the Department of Criminal Justice Servicesresponsible for reviewing required documents and attending required meetingsand whose responsibility it is to interpret and determine compliance with thischapter.

"Sally port" means a secure vestibuleconstructed of secure walls, secure ceiling, and secure floor with two or moreinterlocking, secure doors. Fixtures within sally ports shall be maximumsecurity.

"Secure," as relates to construction, meanswalls, floors, ceilings or roofs, doors, and windows are constructed inaccordance with the secure construction requirements of this chapter.

"Secure area" means all spaces located withinthe secure perimeter. (See secure perimeter).

"Secure encapsulation" means protect againstvandalism or damage with concrete, masonry, steel, or other approved secureconstruction meeting the requirements of this chapter.

"Secure enclosure" means secure walls, securefloors, and secure roof or secure ceiling surrounding a space or area.

"Secure perimeter" means the outer limitsof a jail or lockup where walls, floor, roof, and ceiling, constructed inaccordance with the requirements of this chapter, are used to prevent egress byinmates or ingress by unauthorized persons or contraband. ]

"Security cap" means secure protection of thetop of a room or space with concrete, sheet metal, or security ceiling asspecified in this chapter to complete the secure encapsulation of the room orspace.

"Secure perimeter" means the outerlimits of a jail or lockup where walls, floor, roof, and ceiling, constructedin accordance with the requirements of this chapter, are used to prevent egressby inmates or ingress by unauthorized persons or contraband. ]

"Special purpose cells" means cells within thesecure perimeter that include isolation, segregation, medical, protectivecustody, or other special use cells.

"State responsible inmates" means those inmateswith felony sentences and sentenced to the custody of the Department ofCorrections in accordance with § 53.1-20 of the Code of Virginia or otherapplicable state law.

"Supervision" means the act or process ofperforming responsible care over inmates.

"Support services areas" means all areas withinthe facility excluding inmate housing units. Also known as core or core space.

"Sustainable design and constructioninitiatives" means balancing economic, environmental, and equityconsiderations by reducing negative environmental impacts of site selection anddevelopment, optimizing the energy and water performance of the building andsite, using environmentally sensitive building materials, and protecting thehealth and comfort of building occupants. Sustainable design and constructioninitiatives are benchmarked by third-party rating systems such as LEED or GreenGlobes or by documenting compliance with ASHRAE 189.1 or the InternationalGreen Construction Code.

"Tier" means the same as "cell tier."

"Value management analysis" or "VMA"means an analysis of facility design for the purpose of satisfying requiredfunction, and cost effectiveness, while providing the best quality andefficiency for the project.

"Value management team" means a team of peopleindependent from the owner or the owner's A/E headed by a certified valuespecialist and a combination of the following disciplines based on phase andnature of the project: architecture, security, civil or site engineering,mechanical and electrical engineering, and cost estimator.

"Vehicular sally port" means a drive-in ordrive-through made secure preferably by remotely controlled electricallyoperated interlocking doors for entrance and exit. It is normally located inclose proximity to the facility intake.

6VAC15-81-30. (Reserved.)

6VAC15-81-40. Expansions or renovations.

Expansions or renovations to any facility shall conform tothe requirements of this chapter for new construction without requiring theexisting portion of the facility to comply with all requirements of thischapter. Exception: Those areas in an existing facility that are impacted by anexpansion (such as the adding of bedspace impacting the need for more space inthe kitchen, visiting, recreation, etc. if these services are not provided forin the expansion) may be required to be upgraded. The maximum upgrade requiredwould be to provide additional space that would be required for the number ofpeople for whom new bedspace is being built.

6VAC15-81-50. Localities with multiple facilities.

For localities with jail facilities having multiplefacilities, compliance with this chapter shall be determined based on allfacilities as a whole as well as the needs and functions of each individualfacility.

6VAC15-81-60. Review and inspections.

Review of documents by the reviewing authority, fireofficial, local building official, and other officials or agencies shall berequired. These reviews are performed at the preliminary and constructiondocument stages. A final inspection shall be performed and documented inwriting by all officials and agencies involved in the review process. Thereviewing authority's review and inspections shall be limited to those areaswithin the scope of the project.

6VAC15-81-70. Conflict between this chapter and buildingcodes or other standards.

In the event of a conflict between this chapter andbuilding codes or other standards, the most restrictive requirement shallapply.

6VAC15-81-80. Compliance.

A. The facility shall be designed and constructed inaccordance with this chapter. It shall be the responsibility of every personwho performs work regulated by this chapter, including those involved withplanning, design, construction, renovation, or installation of a structure orequipment, to comply with this chapter. Review or inspection by the reviewingauthority does not relieve the owners or their agents from the requirement tocomply with this chapter.

B. Definitions in this chapter are a part of therequirements of this chapter.

C. Any agreement entered into by the owner to design orconstruct a local correctional facility shall include the requirement to complywith this chapter. This compliance shall be noted on the constructiondocuments.

6VAC15-81-90. Modifications.

A. Any request for modification shall be submitted,separate from the planning study, in the form of a request and resolution fromthe jail authority or board, city council, ] orboard of supervisors to the reviewing authority sufficiently in advance of thedeadline for submission to the Board of Corrections to be reviewed, analyzed,and included in the desired Board of Corrections meeting agenda. The requestfor modification shall include a detailed analysis supported by documentationand historical data to justify the request.

B. A staff analysis shall be prepared by the reviewingauthority for each modification request. The staff analysis shall include thesection of this chapter being modified, an analysis to determine whether or notthe modification meets the intent of the section being modified, an analysis ofwhether the modification has been granted in the past or has any ramificationsthat might affect current or future jail construction or security, and theanalysis shall include a staff recommendation to the board.

C. Upon consideration, the board may grant modificationsto any of the provisions of this chapter provided the spirit and intent of thischapter is observed and inmate, staff, and public welfare, safety, and securityare not compromised. The board has the ultimate responsibility to grantmodifications to this chapter and shall not be bound by the position of staffand shall also consider information provided by the locality or localities. Thefinal decision of the board on any modification shall be recorded in boardminutes.

Part IISubmission of a Community Based Corrections Plan

Article 1General

6VAC15-81-100. Document submission schedule and method.

A. Prior to preparation of a community based correctionsplan (CBCP) as required by § 53.1-82.1 of the Code of Virginia, any city orcounty or combination thereof intending to seek reimbursement for a jailproject shall contact the Department of Corrections, Compliance, Certification,and Accreditation Unit to have a meeting to discuss the requirement ofcompleting a CBCP.

B. All documents in this section shall be submitted to thedepartment in accordance with the budgeting time schedule as outlined in§ 53.1-82.3 of the Code of Virginia or the appropriation act.

C. Documents shall be as follows:

1. Needs assessment. Four paper copies and one electroniccopy of the community based corrections plan, prepared in accordance with thisarticle, shall be submitted to the Department of Corrections, Compliance,Certification, and Accreditation Unit. A needs assessment is not required forprojects that do not increase bed capacity and for which the owner does notseek state reimbursement for construction, staffing, or operating cost.

2. Planning study. Three paper copies and one electroniccopy of the planning study, prepared in accordance with this article, shall besubmitted to Department of Corrections, Compliance, Certification, andAccreditation Unit.

3. Minor renovation project. Three paper copies and oneelectronic copy of minor renovation project information prepared in accordancewith 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department ofCorrections, Compliance, Certification, and Accreditation Unit. A needsassessment is not required for minor renovation projects that do not increasecapacity.

4. Modifications. Three paper copies and one electroniccopy of minor renovation project information prepared in accordance with6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department ofCorrections, Compliance, Certification, and Accreditation Unit.

5. Resolution and cooperative service agreement. Two papercopies and one electronic copy of minor renovation project information preparedin accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted toDepartment of Corrections, Compliance, Certification, and Accreditation Unit.

An executed cooperative service agreement, whereapplicable, and resolution shall be submitted to the reviewing authority priorto board consideration of the project. The owner shall submit the following tothe Department of Corrections, Compliance, Certification, and AccreditationUnit:

a. Single locality facility. An ordinance or resolution ofthe local governing body requesting reimbursement funding,. ]

b. Multijurisdictional facility not qualifying for regionaljail status reimbursement pursuant to § 53.1-81 of the Code of Virginia. Ajoint resolution of or individual resolutions from the local governing bodiesrequesting reimbursement funding.

c. Regional jail board or jail authority facility. Pursuantto § 53.1-81, a joint resolution of or individual resolutions from thegoverning bodies of the established regional jail board or a resolution fromthe regional jail authority requesting reimbursement funding and a cooperativeservice agreement detailing the financial and operational responsibilities ofthe participating jurisdictions or jail authority.

6. Financing method. If the project is being financed,detailed information on the financing and financing method shall be provided tothe Treasury Board in accordance with its requirements.

7. ] The reviewing authorityshall verify documentation has been received by required deadlines and arecorrect, and advise the locality of any errors or discrepancies in theirsubmittal.

6VAC15-81-110. Community based corrections plan requirement.

An owner requesting reimbursement for new construction,expansion, or renovation, staffing, or operating cost of a jail project thatresults in a net increase of available beds shall prepare and submit forapproval a community based corrections plan.

6VAC15-81-120. Local responsibility for community basedcorrections plan.

A. The community based corrections plan shall be developedby the owner or owners, or an agent of the owner or owners. Pursuant to §9.1-180 of the Code of Virginia, the community criminal justice board (CCJB)shall review the findings and recommendations of the needs assessment componentof the community based corrections plan.

B. Oversight and amendment by CCJB is limited to thefollowing situations:

1. Where a multijurisdictional CCJB, established inaccordance with the provisions of § 9.1-178 of the Code of Virginia, hasmembership of the governing bodies of jurisdictions not involved in theconstruction, expansion, or renovation of the regional jail project, asubcommittee shall be established comprised of the required members of the CCJBrepresenting the participating jurisdictions and their governing bodies.

2. In those projects in which more than one locality isinvolved and each locality has a separate CCJB or the localities are members ofdifferent multijurisdictional CCJBs, a subcommittee shall be establishedcomprised of the required members of the CCJB representing the participatingjurisdictions and their governing bodies.

6VAC15-81-130. Community based corrections plan contents.

A community based corrections plan includes:

1. A needs assessment for projects increasing ratedcapacity by more than 24 beds or more than 40% of rated capacity, whichever isless per 6VAC16-81-40 through 6VAC15-81-90.

2. A planning study per 6VAC16-81-40 through 6VAC15-81-90.

6VAC15-81-140. Localities not operating a jail.

For a locality not currently operating a jail, the needsassessment portion of the community based corrections plan shall be based onhow the locality is managing its current inmate population through utilizationof other local correctional facilities and community based alternative programsand services. Localities requesting reimbursement for new single jurisdictionjail or regional jail construction must comply with current appropriation actlanguage.

Article 2Contents of the Community Based Corrections Plan

6VAC15-81-150. Needs assessment.

A. The needs assessment is an evaluation of trends andfactors at the local or regional level affecting current and future facilityneeds, and the assessment of resources available to meet such needs that isused as the basis for a request for reimbursement of local correctionalfacility construction costs.

B. The needs assessment shall address each of the elementsof 6VAC15-81-160 through 6VAC15-81-260.

6VAC15-81-160. Funding priority.

The needs assessment shall include a statement identifyingwhich Board of Corrections funding priority or priorities the plan and jailproject addresses, per 6VAC15-81-320.

6VAC15-81-170. Analysis of criminal justice and inmatepopulation data.

A. The needs assessment shall include an analysis ofcriminal justice and inmate population data as required by this chapter.

B. In order to evaluate the impact of the various criminaljustice components on the jail population, the following data shall be providedfor each locality participating in the needs assessment for the most recentfive calendar years.

1. A table and an analysis of annual trends for the totaladult arrests for Part A and B offenses from the latest edition of "Crimein Virginia" published by the Virginia State Police.

2. A table and an analysis of annual trendsfortfor the ] total adult arrests currently defined as "OnView," "Taken into Custody," and "Summonses" and acomparison of these totals to those presented in subdivision 1 of thissubsection. This data is available from the Research Unit of the VirginiaDepartment of Criminal Justice Services.

3. A table and an analysis of annual trends for processdata from the Supreme Court of Virginia from the Magistrate Information Systemincluding the total number of:

a. Bonds.

b. Commitment orders - bail.

(1) Felony.

(a) Secured.

(b) Unsecured.

(c) Recognizance.

(d) Held without bail.

(e) Release by judicial officer to custody of responsibleperson or when accused is no longer intoxicated.

(2) Misdemeanor.

(a) Secured.

(b) Unsecured.

(c) Recognizance.

(d) Held without bail.

(e) Release by judicial officer to custody of responsibleperson or when accused is no longer intoxicated.

(3) Release orders.

4. A table and an analysis of annual trends for data fromthe State Compensation Board Local Inmate Data System (LIDS).

a. Total new "Pretrial Monthly Commitments" bymonth and by felony, and misdemeanor or ordinance violators for those awaitingtrial. This report is available on the State Compensation Board website under"LIDS, the Forms Maintenance Menu" for individual jails or from anylocal pretrial services agency that currently serves the jail or jails inquestion.

b. Comparison and analysis of the total number of new"Pretrial Monthly Commitments" in subdivision 4 a of this subsection,with the total "Commitment Orders" in subdivision 3 b of thissubsection.

c. A separate report of the total number of "PretrialCommitments" in subdivision 4 a of this subsection above that werereleased for the following LIDS "Reason Release Codes":

(1) 19 - To bond.

(2) 49 - To pretrial service program.

d. Report of the total annual commitments "ServingSentence" separately by misdemeanor and felony, for the following LIDS"Reason Confined Codes":

(1) 20 - Serving sentence.

(2) 29 - Weekend or nonconsecutive days.

(3) 26 - Work release.

e. Reports of the admissions in subdivision 4 d of thissubsection, report the number released for the following LIDS "ReleaseReason":

(1) 16 - Time served.

(2) 33 - To Department of Corrections.

(3) 39 - Sentence served.

5. A table and an analysis of total average monthly adultADP for the most recent 60 months by felony, misdemeanor, and ordinanceviolation categories for local responsible populations and for felony stateresponsible populations. Data is available from the State Compensation Boardwebsite under LIDS.

6. A table and an analysis of annual trends foridentification of the following subpopulations separately:

a. The "overflow" population being held inanother jail or jails.

b. The ADP help for:

(1) Federal authorities.

(2) Out-of-state authorities (non-state warrant).

(3) Other localities including payment agreements, courtesyholds for other localities, and exchange agreements. This does not includeprisoners held in accordance with regional jail service agreements or jointlyoperated facilities.

(4) State responsible inmates held by agreement, jailcontract bed or JCB or work release.

c. Localities currently without facilities can calculatethe average daily population from total prisoner days reported for prisonersheld for their locality by another jail or jails (use Federal InformationProcessing System Code in LIDS for specific locality or localities involved).

7. A table and an analysis of annual trends for totalplacements by felony and misdemeanor, where applicable, for the followingservices for each jurisdiction in the project served by the following agencies:

a. Agency.

(1) Pretrial service agency.

(2) Community based probation services agency.

(3) State adult probation and parole district office (probationcases only).

(4) Drug courts.

b. For pretrial and local community based probationservices, the average daily caseload under supervision based on totalsupervision days.

c. For all other programs, the average of the totalpopulation under active supervision at the beginning and the end of thecalendar or fiscal year.

d. For all programs and services:

(1) The total annual placements, where applicable, formisdemeanors and felony defendants and inmates.

(2) A description of each program including fiscal agent,administration and management, staffing, and annual budget or operating costs.

6VAC15-81-180. Assessment of existing resources.

A. The needs assessment shall include an assessment ofexisting resources, including existing local correctional facilities, anylockups or other community based facilities that reduce the demand on jailspace needs, and all pretrial and post-disposition alternatives, programs, andservices.

B. The information provided pursuant to subsection A ofthis section shall include a description of the existing jail or jails in locallockups and correctional facilities that impact the project including:

1. The date of construction and dates of subsequentrenovations or expansions;. ]

 

2. The current rated capacity as established by theDepartment of Corrections;. ]

3. A table indicating the total number of housing unitsincluding cell blocks, dormitories, and other housing units used for generalpopulation inmates. The tables for existing facilities shall be set up similarto the example table in subdivision 4 of this subsection.

4. A table indicating the design capacity and the totalnumber of beds for each of the housing areas. The description and calculationof the existing facility's needs shall be consistent for each facility. Thetables for the existing facility shall be set up using the following examples:

 

Example table for subdivisions 3 and 4 of this subsection.

Floor

Unit name

Unit type

#Cells/dorm

per unit

DOC

op. cap.

Unit op. cap. x sq. ft.

Dayroom op. cap. x sq. ft.

#Perm. beds per unit

Sq. ft. per bed

Dayroom sq. ft./bed

1

Block A

Cell

6

6

6x70=420

6x35=210

6x2=12

35.0

17.5

5. A table indicating the existing square footage available per inmate in each cell, dormitory, and dayroom.

Example table for subdivision 5 of this subsection.

Unit Name

Security/Custody Level

Pop. on (Date)

Total sq. ft. per person in unit

Total sq. ft. per person in dayroom

Total Aggr. sq. ft. per inmate

Cell A

Med

16

26.3

13.1

39.4


6. The total number, type, and capacity of special purpose areas.

7. A statement of the number of stories and aggregate floor space in the facility.

8. A statement about the general condition of the facility and the feasibility of continued future use and, if applicable, the status of the action plan to correct physical plant deficiencies identified in the latest inspection or certification audit report.

9. A description and table depicting administrative, operating, and inmate program space and a description of the impact of the limitations that lack of space, inadequate space, or the design of the facility has on administration, operations, and security.

10. Where applicable, the impact that the holding of juveniles has on the design and operation of the facility.

11. A copy of the most current department inspection report for life, health, and safety and a copy of the most current department certification audit shall be submitted.

12. If the facility is to remain open as a jail, a jail condition assessment on major buildings and building systems shall be performed by a licensed A/E, and costs associated with necessary upgrades shall be provided. The cost of staffing and documentation of staff efficiency for continued operation shall also be provided. Analysis of the condition assessment shall be based on health safety issues, excessive maintenance costs, excessive repair costs, excessive staffing due to design, limited capacity, program space, and distance to other facilities associated with a regional jail.

C. The needs assessment shall include for the last fiscal year, a description of each program and a data table providing the number of placements, the average daily population, and where applicable, the annual number of bed days saved by each jail-based program, and a plan to increase the utilization of the impact of the various criminal justice components on the jail population to include:

1. Jail work force.

2. Work release.

3. Home or electronic incarceration.

4. Weekend sentencing work options.

6VAC15-81-190. Analysis of existing criminal justice practices.

A. The needs assessment shall include an analysis of existing criminal justice practices and the impact they have on the use of existing and the need for future jail space, including arrest, bail, pretrial alternatives, commitments, sentencing practices, post-trial alternatives, Department of Corrections probation and parole violators, and state responsible felony inmate populations.

B. A description of the effect of current magistrate; court; public defender; and prosecutorial case management practices, policies, and procedures on the length of stay in jail. Included shall be a plan to improve criminal justice services, to include the staff and other resources necessary to effect a reduction in pretrial and post-dispositional length of stay in jail. Strategies to improve these practices and services shall be included and shall address such factors as:

1. The current use of summonses issued by law-enforcement agencies in lieu of arrest in certain criminal misdemeanor offences.

2. The current use of unsecured bond or pretrial services by magistrates.

3. Video arraignment in lieu of transportation to court.

4. Specifically for regional projects.

a. Cross court arraignments for confined defendants awaiting trial.

b. The need and solutions forshort term short-term ] holding of defendants following arrest.

c. An assessment of travel distance and times to a proposed regional facility.

d. Where applicable, a collocated juvenile detention facility.

6VAC15-81-200. Recommended resources to improve or expand existing and establish new alternatives.

The needs assessment shall include recommended resources, including the necessary funding, necessary to improve or expand existing and establish new pretrial and post-disposition alternatives.

6VAC15-81-210. Impact from the loss of local jails.

The needs assessment shall include an examination of transportation costs, costs associated with closing of existing facilities, and the impact that the loss of local jails will have on the operation of local sheriff's offices and law-enforcement departments related to the current and future need for:

1. Lockups.

2. Short-term holding.

3. Court holding.

4. Staff availability for law-enforcement activities.

6VAC15-81-220. Specific jail population forecast.

A. The needs assessment shall include a forecast of the future total average daily population as follows:

1. A table of data utilized shall be included in the forecast section and shall be based on a minimum of 60 monthly data points including a description of the timeframes and the unit of analysis.

2. A graph that plots the local responsible inmate and state responsible inmate population separately and a table with the calculation of the percent local responsible and state responsible population during the period of analysis presented in the forecast data base.

3. A calculation of the average percent of the local responsible inmates and state responsible inmates in the total jail population including state responsible inmates greater than 90 days as reported by State Compensation Board.

4. The results of the preliminary population data analysis such as trends and correlation structure.

5. A presentation of three to five forecasts (the specification, parameters, and diagnostic information from each model) selected from any of the following models:

a. Linear regression analysis.

b. Exponential smoothing models.

c. Autoregressive integrated moving average models.

d. Structural forecasting models (multiple regression analysis).

e. Other forecasting models preapproved by the reviewing authority.

6. The forecast shall exclude the ADP of detainees:

a. Held for other localities (includes those held for payment, by courtesy, or for exchange) for jurisdictions not participating in a jointly operated or regional jail, or held in a single jurisdiction jail.

b. Held for federal authorities.

c. Contract inmates.

d. Held for out-of-state authorities (non-state warrant).

B. The needs assessment shall include a forecast consisting of:

1. A year-by-year forecast based on the projected year of occupancy plus a minimum of 10 years.

2. A test of the model selected demonstrating its ability to forecast the most recent year's population.

3. The presentation of a forecast based on one of the models and the discussion of why it was selected for the jail project.

4. An additional 10-year estimate in yearly increments (based on the year of occupancy plus 20 years) for use in estimating the facility support service areas needs in the planning study. For new facilities if future expansion is anticipated, consideration shall be given to increasing support services areas by 50% to accommodate future expansion.

C. The needs assessment shall include the impact of state responsible prisoner population in local jails for each of the last five calendar or fiscal years.

1. The year-to-year growth trend for the state responsible felon population.

2. The percentage of the total for which state responsible population accounted.

3. The mean, median, and mode state responsible population.

D. The needs assessment shall include a report for the last calendar or fiscal year:

1. Separately, the number of inmates committed to jail solely for a probation violation (confinement awaiting probation revocation hearing) or for a parole violation (confinement awaiting parole revocation hearing).

2. The total prisoner days and a calculation of the ADP, separately, for each of the two confinement categories listed in subdivision 1 of this subsection.

3. The total prisoner days or monthly ADP for all state responsible felon inmates calculated from the date of final sentencing to release or transfer to the Department of Corrections.

6VAC15-81-230. Analysis of defendant or inmate management practices.

A. The needs assessment shall include an analysis of the effect that the defendant or inmate management practices of law enforcement, magistrate, court, public defense, prosecution, local and state pretrial and post-trial alternative programs and the Department of Corrections have had on admissions to, releases from, and length of stay in jail.

B. The needs assessment shall include recommendations and agreements to eliminate or reduce the impact on jail bed space needs and to improve the practices of these services, including procedural changes, staffing, and the budget resources necessary to effect or implement these changes.

6VAC15-81-240. Program or procedural strategies for reducing the jail population forecast.

The needs assessment shall include a presentation of the program or procedural strategies for reducing the jail population forecast, which shall be based on strategies for the expansion of existing and the establishment of new programs designed to divert misdemeanant and felon defendants and inmates detained in jail awaiting trial or actively serving sentences or reducing their lengths of stay. The strategies shall include a description of the proposed services, costs for implementing or expanding services, and, if possible, staff and other resources necessary to implement expanded or new programs. Strategies to be considered include:

1. Mental health diversion or alternative programs, services, or facilities.

2. Development or enhancement of a pretrial services agency.

3. Home or electronic incarceration or monitoring.

4. Programs that divert defendants from jail, prosecution, or conviction who have been charged with offenses for which they can receive a sentence to jail.

5. A program that reduces the awaiting trial length of stay through court-approved credit for voluntary work on public property by any adult confined in jail awaiting disposition for a nonviolent misdemeanor or felony offense.

6. Development of or enhancement of local community based probation services for local responsible misdemeanant and felon inmates placed on probation following a sentence of 12 months or less or following a deferred proceeding.

7. Jail based home electronic incarceration program for inmates actively serving sentence in jail. Sentenced inmates can be confined at home in lieu of being held in jail.

8. A jail based public work force program that reduces the post-disposition length of stay through court approved credit for voluntary work on public property by any adult confined in jail serving a sentence for a misdemeanor.

9. A state or local day reporting center that will divert probation and parole violators from jail.

6VAC15-81-250. Proposed project.

A. The needs assessment shall include a table depicting the current jail housing and special purpose spaces in accordance with construction standards at the time that it was built that will be in continued use for the proposed project and the designated spaces proposed for the new construction.

B. The needs assessment shall include the recommended size of the proposed facility including the total number of cells, dormitories, or housing units necessary for general population, and community custody and special purpose housing, if applicable, special purpose, and short population management. This is the number to be used as the "relative size" of the proposed facility as required by 6VAC15-81-290.

C. The needs assessment shall include the proposed facility size based on future estimates and the need for management bed space in accordance with the requirements for design and construction set out in this chapter. Provide information ina ] tableas ] shown in the example table in this section.


Bed Distribution: Existing or Proposed

Existing Jail

Special Purpose

Temporary Housing

 

Rated Capacity

Maximum

Medium

Minimum

Community Custody

 

 

Existing Jail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Subtotal

 

 

 

 

 

 

 

New Facility

 

 

New Facility

 

 

 

 

 

 

 

Total

 

 

Grand Total

 

 

 

 

 

 

 

Percentage Distribution

 

 

 

 

 

 

 


6VAC15-81-260. Conclusions and recommendations.

The needs assessment shall include conclusions and recommendations for implementation or improvement of programs and services as a part of the recommended jail project.

6VAC15-81-270. Needs assessment review.

A. The Department of Corrections and the Department of Criminal Justice Services shall review the needs assessment for compliance with this chapter and validation of the need for additional beds.

B. The Department of Corrections shall provide to the Board of Corrections a report on its review of the needs assessment for compliance with this chapter and validation of the need for additional beds.

C. The Board of Corrections shall evaluate the needs assessment to determine whether the assessment complies with this chapter and validates the need for the construction, expansion, or renovation project for which reimbursement is requested. The board may approve the needs assessment as presented. The board may require amendments or it may deny approval.

6VAC15-81-280. Planning study requirements.

A. An owner proposing a new construction, expansion, or renovation project shall prepare and submit for approval a planning study in accordance with this article with the exception of those projects qualifying as a minor renovation project as specified in 6VAC15-81-300.

B. The owner or the owner's agent shall contact the Department of Corrections, Compliance, Certification, and Accreditation Unit for guidance in interpreting these procedures and requirements for planning study documentation submissions.

C. The Department of Corrections shall not assist in the preparation of a planning study but may provide guidance and shall respond to requests for clarification of the requirements.

6VAC15-81-290. Required information for planning study.

A. The planning study shall include a statement acknowledging owners' and consultants' responsibilities for compliance with this chapter.

B. The planning study shall include a statement of the planned general population design capacity, as well as the number and capacity of temporary holding and special purpose cells of the proposed facility as detailed and approved in the needs assessment. If the capacity detailed in the planning study deviates from the forecasted capacity need shown in the needs assessment, the proposed interim capacity of the facility and the plan showing future expansion for achieving the approved capacity shall be detailed.

C. The planning study shall include, if applicable, a statement of rated capacity of the existing facility including current capacity of housing for custody levels, temporary holding, and special purpose.

D. The planning study shall include the operating program.

1. For new facilities, a written operating program describing the operating procedures envisioned for key operational functions such as, but not limited to, intake or release, inmate escorting, movement to and from court, medical, visitation, food services, program delivery, use of proposed technology, and related services such as video arraignment and telemedicine.

2. For renovations and expansions, any changes to the operating procedures shall be provided.

E. The planning study shall include a facility planning program setting forth the project requirements for building space by function, size, and quantity and addressing any special design considerations unique to the project.

F. The planning study shall include site data including site size, availability of utilities, and any other features of the site that would impact the facility design or cost.

G. Localities considering a campus style design concept that is designed to require the inmates to walk outdoors to access multiple buildings on the same site shall submit a written statement to the Board of Corrections detailing the management concept, anticipated staffing levels, and cost savings anticipated in construction and operation of the facility by this concept. Included in this request shall be a list of any specific sections of this chapter or 6VAC15-40 that are in conflict with the proposed facility with this management style and for which modification requests will be submitted. Explanation shall be given of how the security of individual buildings is provided in accordance with this chapter.

H. The owner shall submit a written statement to the Board of Corrections detailing the management concept (e.g., direct supervision, indirect supervision, hybrid, etc.) and anticipated operating procedures for the facility and anticipated staffing levels. Included with this statement shall be a request for modifications of specific sections that are in conflict with the proposed facility management style.

I. The planning study shall include a written description of the project setting forth:

1. The rationale for the building design.

2. The type of construction proposed.

3. A description of basic building materials and systems. (structural; heating, ventilation, or air conditioning; security; etc.).

4. The size of the facility in gross square feet of floor area and size of facility in number of general population beds.

5. Building code designations as to the intended use group or groups, building code occupant loads, occupant load per this chapter, and construction type or types.

6. Provisions for future expansion based on findings in the facility program and needs assessment with number of beds, increased core, and support space.

7. Descriptions of proposed technology and related services.

8. Descriptions of sustainable design and construction initiatives proposed including energy conservation, resource management and environmental enhancements that can be benchmarked by third-party rating systems such as LEED, Green Globes, documenting compliance with ASHRAE 189.1, or the International Green Construction Code. Descriptions shall include benefits to the facility's users, environmental benefits and estimated paybacktime-frames timeframes ]. Initiates resulting in an increase in project costs shall be identified and include estimated costs.

9. Identification of specific items or features that increase the project cost of a median or basic jail building.

J. If the original jail is to remain open as a jail, the planning study shall include an assessment of the condition of the jail shall be performed by a licensed A/E, and estimated costs associated with necessary upgrades and phases shall be identified. The cost of staffing and documentation of staff efficiency for continued operation shall also be provided. Analysis of the condition assessment shall address life, health, and safety issues; excessive maintenance costs; excessive repair costs; excessive staffing due to design, limited capacity, program space, and distance to other facilities associated with a regional jail.

K. The planning study shall include conceptual floor plan or plans at a scale not smaller than 1/16 inch per foot, with indication by distinct symbols, overlays, or other means to denote the secure perimeter of the facility.

L. The planning study shall include conceptual building elevations at a scale not smaller than 1/16 inch per foot.

M. The planning study shall include a conceptual site plan at a scale not smaller than one inch per 60 feet indicating existing and proposed buildings, vehicular circulation, parking, outdoor recreation facilities and areas, security fences or walls, and future building expansions.

N. The planning study shall include a conceptual building section at a scale not less than 1/16 inch per foot if required to explain a multilevel building design.

O. The planning study shall include an energy analysis containing comparative fuel costs and energy conservation investigations including construction cost increase and savings, payback energy efficiency initiatives and other factors supporting the heating, ventilation, and air conditioning systems and fuel selection.

P. The planning study shall include an analysis of staffing needs and a six-year operating budgetcosts cost ] for the proposed facility that includes:

1. Security positions indicating type of inmate supervision system proposed, specific security posts required, and anticipated hours that each post will be manned.

2. Nonsecurity staff functions and anticipated hours the posts will be manned.

3. Operating budget costs, with items such as the cost of heating, ventilation, and air conditioning; utilities maintenance; food service; staff salaries; supplies; etc.

Q. The planning study shall include a construction cost estimate with a detailed description of the basis on which the estimate was made:

1. The construction cost estimate shall be based on the estimated cost as of the date of the planning study and shall also show the inflated values of the estimated costs as of the date of the midpoint of construction as proposed in the construction schedule. A chart shall be prepared in column format showing estimated building construction cost. Other costs as individual line items not included within the building envelope shall be added such as, but not limited to site development, professional fees, contingencies, permits, unusual site work, expanded core, and renovation. The estimate shall also show the sum of total project costs.

2. When projects involve a combination of two or more project types (new construction, renovations, and expansions) the construction cost estimate shall clearly identify the costs associated with each project type.

3. When items proposed exceed median construction costs, the construction cost estimate shall clearly identify such costs, and the need for such extraordinary work shall be fully explained and justified including the examination of alternative solutions. Examples of these items may include:

a. Expanded facility support services.

b. Unusual site conditions.

c. Utility runs beyond the limits of construction.

d. Virginia Department of Transportation turn lanes.

e. Sustainable design and construction initiatives.

4. When items proposed exceed median construction cost because of local requirement or desires, the work shall be specifically listed and the anticipated additional cost of each item identified. Portions of the project that are not eligible for funding reimbursement shall be clearly identified and costs tabulated separately. These items may include features such as:

a. Enhancements to meet local zoning or architectural requirements.

b. Stone facades.

c. Site constraints because of locations.

d. Slate roofs.

e. Retail stores.

f. Clock towers.

g. Copper roof.

h. Marble planters.

i. Brick outdoor recreation yard enclosures.

j. Loose equipment.

k. Inmate transportation tunnels or other passageways to courthouse.

5. In accordance with the Code of Virginia, only fixed equipment is reimbursable except in minimum security housing. Loose equipment or furnishings (i.e., those items not permanently or physically attached to the building) that are not reimbursable include the following items:

a. Blankets.

b. Chairs.

c. Curtains.

d. Desks.

e. Fire extinguishers.

f. Lamps.

g. Mattresses and pillows.

h. Medicines and medical equipment.

i. Movable beds.

j. Movable shelving.

k. Office equipment and furnishings.

l. Portable radios and communication devices.

m. Pots, pans, and utensils.

n. Small portable appliances.

o. Smoke machines.

p. Telephone handsets.

q. Televisions.

r. Uniforms.

s. Vehicles and vehicle equipment.

6. Additional items that are not considered to be eligible for reimbursement as a construction cost include:

a. Space for sheriff's functions unrelated to the operation of the jail.

b. Magistrate's offices.

c. Cost of financing or interest other than that calculated and provided by the Department of Treasury.

d. Land already owned by the owner.

e. Excess land not used exclusively for jail purposes.

f. Owner's operating or administrative budget or expenses.

g. Salary ofemployees an employee ] of any locality who is a participant in the jail project.

h. Owner's advertising fees, master planning, consultants, authority or board expense, legal fees, or similar items unrelated to planning, design and construction of the jail.

i. Selection of overly expensive design, building materials, or systems.

j. Repair of existing facility.

k. Oversized utility lines, central plants, or other similar services, onsite or off site, to provide service to facilities other than the jail now or in the future; if a portion of this is deemed reimbursable, it may be approved on a percentage of use by facility basis.

7. Items deducted from project cost:

a. Any money realized or planned to be realized from the sale or transfer of any building or real estate associated with existing jail in order to procure a site and construction of the new jail or expansion shall be reported and shall be deducted from the project cost.

b. Any grants received for construction shall be reported and shall be deducted from the project cost.

R. The planning study shall include a schedule for planning and construction of the project including at a minimum milestone dates for completion of design development drawings, completion of contract documents, start of construction (an executed construction contract and a notice to proceed), midpoint of construction, completion of construction, and projected date of occupancy.

S. The planning study shall include any other information that would be of value to a reviewing agency or the reviewing authority.

T. The planning study shall include a list of the sources of all allocated and projected construction or capital funds involved in the project.

6VAC15-81-300. Minor renovation projects; required information.

A. A locality or regional jail proposing a renovation project that does not increase design capacity and for which the cost is less than $5 million or higher if approved by the board shall submit the following in lieu of the planning study:

1. Identification of the problem, need, or reason for the project.

2. Description of current situation including:

a. Analysis of existing facilities to include space utilization, condition, and capacity of facilities.

b. Determination of existing and recommended facility procedures related to the need.

c. Examination of existing and recommended alternatives to fulfill the need and the feasibility of implementing such alternatives.

3. Detailed written description of the planned project including an analysis of any existing facility function that would be displaced, replaced, or enhanced by the proposed renovation.

4. Statement of who will be responsible for designing, supervising, and accepting the project for the owner.

5. Conceptual floor plans, at a scale not smaller than 1/16 inch per foot, with indication by distinct symbols, overlays, or other means to denote work to be done.

6. Analysis of the project impact on staffing.

7. Analysis of the project impact on operating costs.

8. Analysis of impact on the security of the facility.

9. Total estimated project cost with a description of the basis and a breakdown of the estimate into construction costs, fees, and other expenses.

10. Proposed construction schedule to include anticipated completion date.

11. Other project-specific information as determined by the reviewing authority.

B. Nonreimbursable items as listed in 6VAC15-81-290 Q also apply to minor renovation projects.

Article 3 Funding and Reimbursement

6VAC15-81-310. Criteria for board funding recommendation.

A. The board shall evaluate the need for the project as demonstrated by the information provided in the needs assessment, planning study, or the minor renovation project information.

B. The board shall take into consideration the operational cost efficiency of the interior design of the facility with special concern for the number of security staff required, functional layout, material selection, and utilities costs.

1. Security staffing levels will be generally based on the operational capacity of the facility and in accordance with the staffing ratio requirements of the appropriation act.

2. Any proposed facility requiring a less efficient staffing ratio than the appropriation act requirement shall be justified and approved by the board in order to be considered for reimbursement.

C. Economy of construction cost is necessary and will be reviewed as follows:

1. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the efficiency of the renovated spaces, the appropriateness of the proposed changes, and the relationship of the changes to the project as a whole.

2. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the adjusted median cost of local correctional facilities. The comparison of project costs to the adjusted median cost shall be made utilizing the appropriate estimated construction costs that were based on current cost values.

3. Increases and decreases in funding shall be based on costs listed in the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc., adjusted for appropriate variables. When reviewing the construction costs, the reviewing authority may recommend adjustment of the amount being requested for reimbursement funding for the following reasons:

a. When support service areas of the facility are not included, included at a size not in conformance with this chapter, or are included at sizes larger than necessary in anticipation of future expansion of the facility;

b. When planned facilities vary from the recommended custody level percentages contained in6VAC15-81-610 6VAC15-81-650 ] by more than 10% of each custody level;

c. When construction is proposed for space or spaces to be utilized for inmate industries; or

d. When site location circumstances warrant consideration.

D. The adjusted median cost of local correctional facilities shall be calculated by the department using national area averages based on the number of beds and the following procedure:

1. For jails housing maximum, medium, and minimum custody inmates, a cost per square foot base figure shall be the national median square-foot unit cost published in the latest edition of "Means Facilities Cost Data" or "Means Square Foot Costs" published by RSMeans Company Inc.

2. For dormitories providing only community custody housing a cost per square foot base figure shall be the national median square-foot cost for college dormitory from the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc.

3. The national square-foot cost shall be adjusted for applicability to Virginia localities by applying an adjustment factor given for appropriate class of structures in the local building construction multipliers section of the "Marshall Valuation Service Manual" published by Marshall & Swift, latest edition.

4. For the purposes of cost calculations only, the adjusted square-foot costs shall be multiplied by per-bed area allowances based on the national average gross square footage of facilities; the area allowances shall be:

a. Facilities housing maximum, medium, and minimum inmates - 400 square feet per bed;

b. Community custody housing facilities with 50 or fewer beds - 275 square feet per bed; and

c. Community custody housing facilities with more than 50 beds - 250 square feet per bed.

E. The adjusted median state construction cost of local correctional facilities shall be calculated by theDepartment department ] based on the number of beds and the following procedure:

1. Adjusted median cost for the local correctional facility shall equal:

a. National cost per square foot multiplied by local modifier multiplied by area allowance per bed as found in "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc. plus;. ]

b. Additives to the cost must be indicated and justified.

2. The amount recommended for project funding shall not exceed the adjusted median construction cost plus 10% plus other costs as addressed in 6VAC15-81-290, or planning study estimated cost, whichever is less. Costs exceeding the state allowed amount as calculated in 6VAC15-81-290 Q must be borne solely by the owner.

3. Construction cost shall be based on costs as of the midpoint of the construction schedule.

4. The median cost of the local correctional facility is the reasonable cost of items similar to those listed in the cost template shown below:

Cost Analysis

Name of Jail:

Date:

 

Locally Requested Cost

Eligible Cost:

Part I - New Construction Costs

 

 

Building cost

 

 

Sitework

 

 

New Construction Cost Subtotal

 

 

 

 

 

Part II - Project Construction Costs

 

 

Building renovation cost (number of square feet and cost per square feet)

 

 

Unusual site conditions

 

 

VDOT access lanes

 

 

Off-site utilities

 

 

Utility relocation

 

 

Project Construction Costs Subtotal

 

 

 

 

 

Part III - Other Project Costs

 

 

A/E fees

 

 

Community based corrections plan/planning study

 

 

Value management analysis

 

 

Construction manager/clerk of the works

 

 

Fixtures, furnishings & equipment

 

 

Communications/data equipment

 

 

Testing/special inspections

 

 

Survey, topo, environmental & utility locator

 

 

Geotech

 

 

Printing, reproduction & advertising

 

 

Permits, fees & connection charges

 

 

Record drawings

 

 

Other Costs Subtotal:

 

 

 

 

 

Contingency Costs (based on total costs less A/E fees and planning study and percentage used):

 

 

 

 

 

Total Project Costs

 

 

Note: Line items are suggested. For example, not all line items may be applicable. However, more line items may be required.

F. The cost of renovation of an existing facility shall be reviewed on a case-by-case basis and shall be presented in calculations separate from new construction costs.

G. Unless an extension is granted by the board, board approval expires after three years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

6VAC15-81-320. Funding priorities.

The following criteria, listed in order of importance, shall serve as a guide for determining the level of priority given to requests for reimbursement:

1. Replacement or renovation of bed space lost due to fire, earthquake, or other disaster.

2. Renovation of an unsafe facility that is documented as out of compliance with board life, health, and safety provisions of 6VAC15-40 (Minimum Standards for Jails and Lockups) or a court-ordered renovation, expansion, or new construction.

3. Construction of a regional facility that results in the replacement or closure of two or more local facilities.

4. Expansion of an existing local correctional facility or regional facility experiencing overcrowding that is expected to continue based upon factors described in the needs assessment.

5. New construction for a locality that does not currently have a facility or is not participating in an existing local correctional facility or regional facility.

6. Expansion or renovation of support facilities.

7. Phased construction projects.

8. Construction project cost overruns.

9. Construction by localities that received reimbursement within the previous five years for beds of construction with a limited life span. These localities shall not receive recommendation for approval for replacement of those beds with another secure or community custody facility.

6VAC15-81-330. Board recommendations.

A. The department shall direct a letter to the owner notifying the governing body of the board's decision to recommend, or not to recommend, a project for reimbursement.

B. The department shall notify the Department of Planning and Budget and Treasury Board of the board's approvals and approval expirations of proposed jail construction to include project description and reimbursement recommendation amount.

C. Final appropriations are subject to the Governor's approval and legislative enactment.

6VAC15-81-340. Reimbursement rates.

The reimbursement rates to localities for construction, expansion, or renovation of local correctional facilities shall be governed by §§ 53.1-80, ] 53.1-81, and§ ] 53.1-82 of the Code of Virginia.

6VAC15-81-350. Required forms.

Upon project approval by the board, the owner shall be responsible for obtaining and submitting all forms as required by the Treasury Board if the project is to be funded by the Treasury Board.

Part III Project Development

6VAC15-81-360. Project development; reviewing authority.

The reviewing authority determines adequacy of the usability, functionality, acceptable design relationship, flows, and sightlines of the design of the facility. With the exception of receiving a modification granted by the board, the reviewing authority is the final determination in interpretation of and compliance with this chapter.

6VAC15-81-370. Schematic design documents.

A. The owner shall submit schematic design documents to the reviewing authority as specified in this section.

B. The schematic design documents required for an expansion, renovation, or new construction of a local correctional facility shall contain sufficient information to identify basic security construction features and demonstrate intent to comply with this chapter and building code requirements and shall include, as a minimum, the following:

1. The schematic design shall include a basis of design narrative that provides the following information:

a. General and special purpose capacity and type of occupancy.

b. Exterior circulation to include pedestrian and vehicular.

c. Outline description of basic materials including systems, equipment, and proposed finishes for major areas to include administration, inmate housing, inmate programs, kitchen, laundry, receiving, medical, etc.

d. Future construction or expansion to be accommodated.

e. Style and character of building desired.

f. Environmental considerations, if any.

g. A geotechnical report.

h. A description of the HVAC systems being used, including the goals for energy efficiency and for the smoke removal systems.

i. Total square footage per floor and per building.

j. Number of parking spaces.

k. Total estimated construction cost based on the schematic documents with a description of the basis on which the estimate was made.

l. Any changes to the board approved total project budget.

m. Any changes in staffing from the board approved planning study.

2. The schematic design shall include schematic drawings that provide the following information:

a. A table showing type of construction proposed. Building designations as to building code edition used, standards to be met, fire resistive characteristics, intended use group or groups, use condition, gross square footage, design occupancy loads, and construction types.

b. Schematic site plan.

c. Floor plans consisting of single line drawings at a scale not smaller than 1/16 inch per foot, showing each floor layout with space names, nominal room square footage, circulation paths, and security walls (interior and exterior).

d. Longitudinal building section with floor to floor to ceiling dimensions.

e. Exterior elevation views (minimum of two).

f. Any other information that would be of value to the reviewing authority.

6VAC15-81-380. Design development documents.

A. The owner shall submit design development documents to the reviewing authority as specified in this section.

B. The design development documents required for an expansion or new construction of a local correctional facility shall contain sufficient information to identify basic security construction features and demonstrate intent to comply with this chapter, 6VAC15-40, and building code requirements and shall include, as a minimum, the following:

1. Site plan.

2. For new and existing facilities, a table showing the construction type, the size of the facility in gross square feet of floor area, building code designations as to code edition, fire resistive characteristics, intended use group or groups, condition, and design occupancy loads.

3. Architectural floor plans at least 35% complete at a scale not less than 1/8 inch per foot, showing each floor layout complete with space names, nominal room square footage, circulation paths, secure perimeter, interior security walls, and fire walls.

4. Elevations, sections, and details as required to define building materials and security construction features.

5. Mechanical and electrical plans and specifications necessary to define life safety construction features.

6. Security equipment list.

7. Outline specifications.

8. Construction cost estimate.

9. Any change in staffing from planning study.

C. Documents for renovation of a local correctional facility may not require some of the information in subsection B of this section. Requirements shall be as determined by the reviewing authority in consultation with the owner or owner's agent or engineer. In the case of renovations qualifying as minor renovation projects under 6VAC15-81-300, determination of required documents and information shall be made by the reviewing authority in consultation with the person or persons responsible for project design.

D. The owner shall submit two sets of design development documents to the Department of Corrections, Compliance, Certification, and Accreditation Unit. The owner may also be required to submit design development documents to other regulatory agencies as deemed appropriate at this stage and shall be so notified in writing by the department.

E. The reviewing authority shall review design development documents for compliance with applicable codes, this chapter, and commonly accepted architectural, engineering, and correctional practices.

1. Changes to design development documents may be required. If so, the reviewing authority shall ensure that all changes and comments shall be submitted in writing to the owner.

2. The owner or owner's agent shall respond in writing to the reviewing authority to all comments in the design development review. Necessary revisions to the project documents may be incorporated in the submission of the construction documents. All issues in question between the owner or owner's agent and the reviewing authority shall be resolved before the construction document phase is begun.

6VAC15-81-390. Value management analysis.

A. All jail projects for which reimbursement is being requested for new construction, expansion, or renovation costing $10 million or more shall have a value management analysis (VMA) performed during design. For renovation projects, a waiver may be requested from the board.

B. VMA shall be performed at the conclusion of the design development (35% to 40% complete) phases of the project design. For large projects in excess of 250 beds, the reviewing authority may require that a second phase of VMA be performed at the construction documents phase (90% to 95% complete).

C. The VMA shall involve a three-day to four-day exercise at the design development phase, or four to five days each at the design development and construction document phases. The first day, or portion thereof, of each analysis consists of a presentation overview by the owner and the A/E design team to the value management team. The final day or portion thereof, consists of a presentation of findings and recommendations by the value management team to the owner and A/E design team and attended by the reviewing authority.

D. The VMA process shall analyze at a minimum the following aspects of the project's design: systems, products and materials, quality, efficiency, functionality, long-term design, and operational needs (beyond 10 years) and cost.

E. The owner shall engage the services of a qualified value management team, as defined inthe definitions 6VAC15-81-20 ] and headed by a certified value specialist or engineer pursuant to thedefinitions definition of "value management team" ]. The VMA team shall be independent of the A/E design team and of the contractor. Cost estimators are also recommended as beneficial to the analysis, particularly for projects performing VMA at the construction documents phase.

F. The owner shall advise the reviewing authority in writing at least 15 working days in advance of the meeting dates for the VMA team. A representative of the reviewing authority shall be present at the value management team's formal presentation of results to the owner and A/E design team. The reviewing authority may attend any other portion of the session.

G. Upon completion of the VMA process, a summary report detailing VMA recommendations and the owner's decision on implementation of the recommendations shall be provided in writing to the reviewing authority.

6VAC15-81-400. Construction documents.

The owner or owner's agent shall submit two complete sets of construction documents, one full size, one half size, plus one set of full-size architectural drawings to the reviewing authority, Department of Corrections, Compliance, Certification, and Accreditation Unit as specified in this section.

1. Complete sets of construction documents shall consist of:

a. Construction documents (at least 95% complete).

b. Bidding documents.

c. Cost estimate.

d. Construction schedule.

2. Review approvals from local building, health, and fire officials.

3. The reviewing authority shall review construction documents for compliance with this chapter, building and fire code requirements, and incorporation of all changes required by the reviewing authority at the design development document review stage.

a. Changes to the construction documents may be required. All required changes and recommendations shall be submitted in writing to the owner or owner's agent.

b. The owner or owner's agent shall respond to all comments in the construction document review in writing to the reviewing authority. All issues in question between the owner or owner's agent and the reviewing authority shall be resolved before the project is bid.

4. Upon satisfactory resolution of all review comments, construction documents shall be approved by the reviewing authority, and the owner shall be advised in writing.

5. The approved plans shall not be construed as authority to omit or amend any of the provisions of this chapter except when a modification is granted by the board.

6VAC15-81-410. Changes and delays.

A. If, during the project, there is any substantive change in the scope of the project, major design change, an increase in the estimated cost of construction exceeding 10%, or any change in the security staff requirements exceeding 10%, the review process shall be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation.

B. Unless an extension is granted by the board, board approval expires after two years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

C. Increases in reimbursement funding over the initial amount approved by the board may be considered based on analysis of documentation of bid overage or contract increase, negotiation for cost reduction, and justification for the increase. See 6VAC15-81-430. Increases in the cost of construction above the board approved amount shall be documented, justified, and submitted for board approval. Notification shall be provided to the board of the intent to request increased reimbursement prior to 35% completion of construction. The request for board approval with complete documentation and justification shall be made prior to 50% construction completion.

D. The board shall not approve any request for reimbursement for increases in the cost of construction for any project for which construction was not begun within three years of enacted approval of funding for the project by the General Assembly; provided however, the board may approve such requests if the increased costs resulted from extraordinary circumstances, which must be documented.

E. Final appropriations for increases are subject to the Governor's approval and legislative enactment.

6VAC15-81-420. Bids.

A. Prior experience with jail construction is an element to be considered when selecting a contractor.

B. After bids for construction have been received and opened, and the owner has determined to proceed with the project, the owner or owner's agent shall submit a copy of the bid tabulation to the reviewing authority.

C. For projects utilizing nontraditional process, other than design-bid-build, the schedule of values shall be submitted within 45 days after award of the construction contract.

6VAC15-81-430. Construction.

A. To be eligible for reimbursement, the quality control must be independent of the owner. Quality control may be provided by a clerk of the works, construction manager, or by enhanced construction administration by the architect with reports submitted directly to the owner.

B. Any change ordered during the construction phase affecting security, safety, compliance with this chapter, or cost shall be submitted to the reviewing authority in writing.

C. Representatives of the department may visit the project site during the construction period to observe the work in progress. Any observed deviations from the approved documents having the effect of voiding or reducing compliance with this chapter or building or fire code requirements shall be reported in writing to the owner and shall be corrected.

D. Inspections by the reviewing authority shall start at 50% construction completion with at least one additional inspection prior to final inspection. The owner or owner's agent shall notify the reviewing authority and request inspections in a timely manner.

6VAC15-81-440. Final inspection.

A. The reviewing authority shall inspect the facility after substantial completion and prior to acceptance by the owner. This inspection shall be requested by the owner or owner's agent and coordinated with the reviewing authority.

B. Upon completion of the final inspection by the reviewing authority, and corrective actions as required, the owner shall provide to the reviewing authority copies of all regulatory agency letters verifying approval by others of the completed project.

C. Corrective actions taken to resolve comments made by the reviewing authority during final inspection shall be provided by the owner or owner's agent in writing to the reviewing authority.

6VAC15-81-450. Record documents.

The owner or owner's agent shall modify original construction contract documents to reflect the condition of the project as actually constructed and based upon as-built drawings and specifications provided by the general contractor. Such modifications shall include change orders, sketches, addenda, and field clarifications. These documents shall be marked as record documents.

Part IV Reimbursement

6VAC15-81-460. Method of reimbursement.

A. Reimbursement to an owner shall beaffected effected ] through one of three methods. Reimbursement shall be made through one lump sum payment or two lump sum payments or in payments over a specified period of time. The General Assembly determines and approves the method of reimbursement upon evaluation of the jail construction project by the Department of Planning and Budget in consultation with the Treasury Board.

B. Project closeout documentation and request for reimbursement shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit, within six months after construction completion.

C. Failure to comply with this chapter shall delay the review process and recommendation for disbursement of funds and may result in the denial of reimbursement.

D. Project closeout documentation shall be reviewed for completeness and accuracy by the reviewing authority prior to recommendation to the Governor and authorization to the Comptroller or Department of Treasury for issuance of reimbursement payment. The owner or owner's agent shall be notified by the reviewing authority if information is missing, invalid or inaccurate or needs clarification. Such further information requested shall be provided prior to authorization of payment.

E. Project closeout shall be complete upon receipt of all properly prepared final documentation as specified in 6VAC15-81-480 and reimbursement has been made.

6VAC15-81-470. Request for interim lump sum reimbursement.

If interim lump sum reimbursement has been legislatively approved, when construction of the project is 50% complete and payment in two lump sums has been authorized, the following shall be submitted:

1. Schedule of values and calculations confirming 50% completion.

2. Copies of bills and verification of payment (canceled checks or other means of verification as accepted by the reviewing authority) along with copies of original estimated costs to verify payment of 50% of those items for which reimbursement is being requested at that time.

3. Interim affidavit of payment of claims.

4. Further information as deemed necessary by the reviewing authority.

6VAC15-81-480. Final lump sum reimbursement closeout documentation.

If lump sum reimbursement has been legislatively approved, when the project is finished at the local level, the owner shall submit the final documentation listed in this section. Final reimbursement may be requested when the project is complete. The project shall be considered complete when the owner has completely submitted the following items accurately and with all supporting documentation:

1. Project completion report (forms or instructions are provided by the reviewing authority).

2. Final schedule of values (forms or instructions are provided by the reviewing authority).

3. Copies and verification of payment of all bills pertaining to the project for which reimbursement is being requested.

4. Letters from regulatory agencies verifying their inspection and approval of the completed project.

5. Building official's certificate of occupancy.

6. Fire official's concurrence.

7. Health official's approval.

8. Affidavit of payment of claims.

9. 50% completion date and documentation substantiating the date.

10. Verification and certification using industry benchmarks that substantiate that the sustainable design and construction initiatives identified in the planning study have been achieved, if applicable.

11. Verification of correction of the reviewing authority's punch list items or other deficiencies;

12. Copies of all change orders.

13. Closeout documents (drawings and specifications) that shall be submitted to the reviewing authority in accordance with the following:

a. One set on CD media: copy of record documents on CD-ROM media, or electronically stored data shall be in a pdf format.

b. One set of operation and maintenance manuals for systems provided to the owner shall include all color coding and point-to-point wire run lists for all electrical systems.

6VAC15-81-490. Treasury Board reimbursement.

A. When the construction and closeout of a project being reimbursed by contract with the Treasury Board is complete, the owner shall submit all information as required in 6VAC15-81-480 to the reviewing authority in the Department of Corrections, Compliance, Certification, and Accreditation Unit.

B. An owner approved for reimbursement in payments over a specified period of time shall be paid in accordance with a contractual agreement entered into with the Treasury Board.

Part V Secure Local Correctional Facilities Design and Construction

Article 1 General Design Requirements

6VAC15-81-500. Secure local correctional facilities design and construction - general.

A. When designing the facility, consideration shall be given to appropriate traffic patterns, groups of functions, facilitating ease of movement to and within functions, clear sightlines to reduce blind spots, efficiency and economy of staffing, PREA, and facilitating a smooth, logical sequence of operation.

B. The reviewing authority may accept materials and systems documented to be equivalent to those required by this chapter.

C. Any deviation requiring a modification or variance of this chapter shall be submitted for review by the reviewing authority and approval by the Board of Corrections.

D. In addition to the minimum requirements, this chapter contains recommendations regarding design, construction, and security that, although not required, should be given serious consideration.

E. The reviewing authority may make recommendations regarding design, construction, and security that, while exceeding minimum requirements, may be desirable to adopt.

F. Review or inspection by the reviewing authority does not relieve the owner or owner's agent from the requirement to comply with this chapter.

6VAC15-81-510. Separation of males, females, and juveniles.

A. Secure housing units, intake cells, and special purpose cells shall be designed and constructed to ensure physical separation and to prohibit normal sight or sound communication between males and females.

1. "Secure housing" means housing for all inmates (maximum, medium, and minimum) not classified as community custody.

2. If the facility is designed to hold juveniles, the areas used for juveniles shall be designed to prohibit normal communications by sight and sound and ensure physical separation of the juvenile from the adult population.

B. Separation of internal movement of juveniles shall be in accordance with 6VAC15-40, Minimum Standards for Jails and Lockups.

6VAC15-81-520. Traffic patterns.

A. If secure and community custody housing are provided in the same building, the design of the facilities shall provide traffic patterns to assure the separation of secure and community custody inmate populations.

B. Design of public access shall be such that the public does not enter into the secure perimeter of the facility, and the traffic pattern for the public shall be separate from that of inmates.

C. The reviewing authority may require that intake, release, and court holding areas be separate and distinct functions and traffic patterns be kept separated from each other. The reviewing authority may require that means of egress for the inmate release area and for the court holding area be separate from the intake and booking area entrance.

D. Exterior pedestrian and vehicular routing shall be designed for separation of traffic patterns.

6VAC15-81-530. Related areas.

The following areas shall be outside the secure perimeter

1. Magistrate offices and law-enforcement lobby (if provided).

2. Parking.

3. Public visitation and waiting area.

4. Armory.

5. Maintenance shop (if provided).

6. Main (primary) mechanical room.

7. Vehicular sally port.

6VAC15-81-540. Administration.

A. The jail shall provide space consistent with the size of the facility for administrative, program, and clerical personnel.

B. Space shall be provided within the secure perimeter for the shift or watch commander's office, counselor's office, and other offices that the jail operation requires.

C. Space shall be provided for staff break or dining. Locating staff break or dining within the secure perimeter shall be considered.

6VAC15-81-550. Public areas.

A. Public areas of the facility shall be located outside the secure perimeter. Public access to the building shall be through a main entrance. The general public shall not have access inside the secure perimeter of the jail. Traffic patterns of the public and inmates shall be distinct, separate, and not intersect.

B. A reception and waiting area with appropriate informational signage shall be provided for the public and shall be so situated that it does not interfere with the administrative office operations. The public waiting area shall include sufficient seating, drinking fountains, toilet facilities, and weapons lockers equipped with individually locked compartments. Consideration shall be given to provision for public lockers.

C. All exterior areas, including parking, shall be adequately lighted.

6VAC15-81-560. Secure perimeter.

The secure perimeter of the facility shall be composed of a complete and continuous security envelope consisting of walls, roofs, ceiling, floors, doors, door locks, and other hardware, windows and glazing constructed in accordance with the security perimeter requirements of this chapter. The secure perimeter shall be clearly indicated on the plans.

6VAC15-81-570. Interior security walls, interior partitions.

A. Interior security walls shall be provided around and between all housing units, cells, dormitories, armories, sally ports, central intake units, classification units, control rooms, recreation areas, kitchens, inmate dining halls (if separate from housing), canteens (commissaries), multipurpose rooms with toilets, central laundry, laundry chemical rooms, pharmacies, medical units, records rooms within the secure perimeter, and property rooms. Interior security walls, and opening protectives shall be constructed in accordance with 6VAC15-81-930.

B. Interior partitions.

1. Interior partitions may be provided between support services such as but not limited to multipurpose rooms without adjacent toilets and staff dining.

2. Interior partitions shall not be substituted for required interior security walls.

3. Interior partitions shall be constructed in accordance with 6VAC15-81-930.

6VAC15-81-580. Exterior areas.

A. Exterior areas, including parking and building exterior where CCTV is utilized, shall be lighted as recommended by the equipment manufacturer.

B. When landscaping, consideration shall be given to size and density of plantings within 25 feet of the building for security and fire safety reasons.

6VAC15-81-590. Fencing.

A. Security fencing or security walls shall be provided for outdoor recreation areas. Exterior building configurations that create containment areas and all other areas shall be fenced as required by this chapter.

B. Access for maintenance shall be provided for all fenced areas.

6VAC15-81-600. Emergency containment.

A. Alternate means for inmate containment shall be provided for in case of disaster, mass arrests, or emergency evacuation.

B. These areas may include outdoor recreation area, an enclosed vehicular sally port, or any other approved area that shall afford adequate security.

C. When planned for this purpose, these areas shall provide access to toilets and drinking water. Fixtures and equipment shall meet the requirements for temporary holding.

6VAC15-81-610. Armory.

A. Secure storage for security equipment, restraining devices, firearms, chemical agents, etc. shall be located outside the secure perimeter and convenient to security personnel responding to emergency situations.

B. Walls, floor, opening protectives, and roof or ceiling of this area shall meet requirements for secure construction.

C. This area shall have a dedicated exhaust system.

6VAC15-81-620. Pedestrian sally ports.

A. Sally ports shall be provided at any point the secure perimeter of the building is penetrated unless specifically exempted by this chapter.

B. Sally ports shall be provided at all exterior openings from security areas and at the entrances to housing units designed for maximum and medium security inmates.

C. Any stairwell with a door that penetrates the secure perimeter shall be constructed as a sally port.

D. For an emergency exits only, an exterior area enclosed with bar grille or woven rod may serve as the second barrier of a sally port. This sally port shall be provided with a top barrier at least equivalent to the vertical enclosure fence mesh and the area is supervised by CCTV.

E. Exterior security doors used solely to meet emergency evacuation requirements are not required to be sally ported, however, fencing the area to be utilized for evacuation is required if no sally port is provided.

F. Commercial grade sectional doors or overhead rolling doors are not considered secure and shall not be part of a sally port.

G. Consideration shall be given to providing weapon lockers equipped with individually locked compartments at the entry of staff and law-enforcement sally ports penetrating the secure perimeter.

6VAC15-81-630. Vehicular sally port.

A. The vehicular sally port shall be provided with weapons lockers equipped with individually locked compartments.

B. Vehicular sally ports shall be weather protected. As a minimum the lower eight feet of the vehicular sally port walls shall be solid. This sally port shall be separated from adjacent spaces by secure and fire-rated construction and shall be observable by staff with CCTV as backup. If this sally port is to be used for emergency containment, an upgrade of the security level shall be considered.

Article 2 Central Intake Unit Design, General Population, and Other Areas Design Requirements

6VAC15-81-640. Intake and processing.

A. The central intake unit shall be located within the secure perimeter of the facility, outside the general population housing units and shall be separated from other areas by an interior security wall.

B. The central intake unit shall be constructed to provide the following areas:

1. Booking or processing, including photographing and fingerprinting.

2. Clothing storage and issue.

3. Control room or station.

4. Custody transfer.

5. Intake cells and group cells.

6. Interview.

7. Medical screening.

8. Orientation.

9. Property storage.

10. Provisions for telephone calls.

11. Records storage (if not provided elsewhere).

12. Release and staging for court (if applicable).

13. Strip search and shower.

14. Video arraignment if arraignment is not provided elsewhere.

C. Intake cells and group areas.

1. Space shall be provided for intake of inmates at a minimum of one for every 10 inmates for which the facility is designed up to the first 400 beds of design capacity.

a. Intake cells, group cells, and open seating shall be provided at a ratio of one for every 40 beds of additional design capacity above 400.

b. Consideration shall be made for future expansion.

c. At least 50% of this required capacity shall be single cells with the remainder being a combination of group cells and open seating area. Exception: The number of single cells may be reduced based on approved statistical documentation or needs identified in the needs assessment.

2. Intake cells shall be designed to contain a minimum of 45 square feet for single occupancy cells plus 15 square feet per inmate for each additional inmate for which the cell is designed.

3. Each cell shall contain at least one stationary bench or bunk, hot and cold running water, a combination stainless steel toilet and lavatory with push button metering activators, and a sanitary bubbler.

4. Intake cells shall provide optimized observation of the interior of the cell. Modesty screening is required for toilets in cells with grillage or glazed openings greater than a total of 120 square inches in any cell wall. Exception: An observation cell with flushing floor drain and a bunk sized slab or platform raised a minimum of six inches above floor for sleeping is not required to have a toilet, lavatory, or privacy screening.

5. Lighting in cells, toilets, and showers shall be provided from a maximum security fixture of sufficient intensity to permit sight supervision.

6. Natural light and dayrooms are not required for intake cells or areas.

7. Intake cells shall be constructed as maximum security cells with maximum security doors, hardware, fixtures, equipment, and glazing or bar grille woven rod or combination thereof.

8. Toilets and lavatories shall be provided for use by those in open seating holding,. ] Plumbing fixtures in this area shall be maximum security.

9. Showers shall be provided as follows:

a. For facilities with a design capacity of 200 or less: a minimum of two showers.

b. For facilities with a design capacity of 201 or more: a minimum of one additional shower for every 300 beds, or portion thereof, of additional design capacity.

D. Nonperimeter entrances and exits for the intake and release area shall be capable of being controlled from intake or local control. Security perimeter doors shall be controlled from master control only.

E. Secure storage space for inmate personal property shall be provided adjacent in proximity to the intake or release area.

1. The recommended amount of space is four to six inches of linear hanging space per inmate for which the facility is designed plus one cubic foot in bins or lockers, per inmate, for items that cannot be hung.

2. Consideration shall be given to providing washers and dryers in this area.

F. Release and court holding.

1. Consideration shall be given to separation of traffic patterns and additional holding for inmate release area and for court holding.

2. Number of cells shall be as defined in the needs assessment.

3. Egress for these areas shall be separate from the area serving the intake and booking entrance.

G. Temporary juvenile holding, pursuant to § 16.1-249 G of the Code of Virginia, if provided, shall be as follows:

1. Construction of juvenile cells or units shall be in accordance with this chapter as required for maximum security adult housing.

2. This ward or unit shall be physically, audibly, and visually separated from adult areas.

H. Consideration shall be given to future expansion.

6VAC15-81-650. Security levels of housing.

A. Secure housing shall be constructed to provide housing for maximum, medium, and minimum custody inmates. Consideration shall be given to the mental health needs of inmates which may require dedicated housing areas with additional space for mental health professionals, treatment, and counseling. "Secure housing" means housing for all maximum, medium, and minimum inmates not classified as community custody.

1. The basic distribution of custody levels is expected to be 30% maximum, 40% medium, and 30% minimum or may vary based on documentation provided in the needs assessment.

2. Female housing shall consist of at least two separate units of which at least 50% of the female design capacity is medium security or higher.

3. Up to 25% of minimum custody may be community custody. Community custody beds do not require construction of special purpose cells.

B. Maximum security housing units shall be designed as groupings of single cells with dayrooms to afford protection for persons requiring maximum supervision.

1. The number of inmates per housing unit shall depend upon the degree of surveillance and security provided, but for facilities designed for an occupancy of 240 or fewer inmates, the unit shall be designed not to exceed 24 inmates per housing unit. For facilities designed for an occupancy in excess of 240 inmates, the number of occupants for which the unit is designed may be increased but shall not exceed 48 inmates per unit. A minimum of two maximum security housing units shall be provided. For indirect supervision facilities, all units shall be provided with direct visual observation from a control room. For direct supervision facilities, the reviewing authority may require that units be provided with direct visual observation from a control room.

2. 20% to 25% of maximum security cells may be dedicated as a classification unit. The classification unit shall be located in proximity to the intake unit. Consideration shall be given to male and female population. The classification unit shall include at least one private interview room, office space for classification personnel, medical room, and record storage.

C. Medium security housing units shall be designed as single, double, or four-inmate cells with common dayroom. The owner shall determine the number and type of cells per housing unit. The owner shall determine the number and type of cells per housing unit; however, no less than 30% of these cells shall be designed for single occupancy. These units shall be designed to accommodate no more than 64 inmates per housing unit for direct supervision or 48 inmates per housing unit for indirect supervision. At least two housing units shall be provided. For indirect supervision facilities, the reviewing authority may require that all units provide direct visual observation from a control room.

D. Minimum security housing units shall be designed as dormitories or multiple occupancy cells. Minimum security areas shall be designed to accommodate no more than 48 inmates per housing unit in dormitories or 64 inmates per unit with multiple occupancy cells. At least two housing units shall be provided.

E. Community custody facilities shall be constructed in accordance with Part VI (6VAC15-81-1130 et seq.) of this chapter. Consideration should be given to male and female populations.

F. Juvenile housing.

1. If the facility is to hold juveniles, housing units shall be physically, audibly, and visually separated from adult areas to prohibit adult and juvenile communication in accordance with the "Guidance Manual for Monitoring Facilities under the Juvenile Justice and Delinquency Prevention (OJJDP) Act of 2002," published by OJJDP in October 2010. Showers, personal hygiene, and dressing areas shall be designed to comply with PREA.

2. Juvenile housing units shall provide general purpose housing designed and constructed in accordance with maximum security requirements of this chapter.

6VAC15-81-660. Cells and dayrooms.

Maximum and medium security:

1. All single cells shall be sized in accordance with the latest edition of the American Correctional Association Standards for Adult Local Detention Facilities and have a ceiling height no less than eight feet. Single occupancy cells, with the exception of special purpose cells, shall be configured to open into a dayroom or activity space.

2. Multiple occupancy cells shall be designed for no more than four inmates per cell and shall be sized in accordance with the current American Correctional Association Standards for Adult Local Detention Facilities concerning multiple occupancy cells and have a ceiling height of no less than eight feet. Multiple occupancy cells shall be configured to open into a dayroom.

6VAC15-81-670. Cell requirements.

A. All cells shall be enclosed within secure walls, floor, and ceiling, as specified in this section, and shall include secure opening protectives. Each cell shall be provided with artificial light, toilet and lavatory fixtures with metering push button activators, hot and cold running water, a security type mirror mounted at standard height, a stationary bed or bunk and storage.

B. Maximum security cells shall have maximum security walls, maximum security doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 1 requirements.

C. Medium security cells shall have interior security walls surrounding each housing unit meeting a minimum of ASTM Grade 2 requirements; however, the walls separating individual cells may be interior partitions.

D. Minimum security cells shall have walls, doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 3 requirements.

6VAC15-81-680. Dayroom requirements.

A. Dayroom space shall contain no less than 35 square feet of space for each inmate for whom the unit is designed to serve. Calculation of this space shall not include sally ports, visitation booths, stairs, area under stairs, toilet, shower, and lavatory areas. On the first level an 18-inch wide path in front of all cell fronts, toilets, and showers, and the tiered walkway in front of upper level cells shall not be counted as dayroom space.

B. Each dayroom shall be equipped with a shower, toilet, lavatory with hot and cold running water activated by metering push button activators, and a drinking fountain or the lavatory equipped with sanitary bubbler. Fixtures shall be security type in accordance with the security level for which the unit is designed.

C. Stationary security type tables and dayroom seating shall be provided in maximum and medium security areas of the facilities designed for indirect supervision. Stationary security type tables and seating shall be provided for facilities designed for maximum security with direct supervision. Tables and seating for medium security direct supervision living areas may be loose but shall be designed for detention facilities and be fire retardant and vandal resistant. In accordance with the Code of Virginia only fixed equipment is reimbursable and loose equipment is not considered reimbursable except in minimum security housing.

D. Tables and seating shall be sufficient to accommodate the number of inmates for whom the area is designed.

E. Stairs in multilevel dayrooms shall have open risers.

F. If a housing unit is provided with an ADA accessible cell, the dayroom toilet shall be provided with an ADA accessible fixture.

G. Showers and toilets shall be located to provide visual supervision from a control station or control room and to provide privacy from the housing unit occupants and from visibility from circulation corridors. Showers, personal hygiene, and dressing areas shall be designed to comply with PREA.

H. If video visitation monitors are provided in the dayroom, they shall be positioned to maximize privacy for both the visiting inmate and visitor.

6VAC15-81-690. Dormitory requirements.

A. Dormitories shall have walls, doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 3 requirements.

B. All dormitories shall be constructed to provide 85 square feet of space per inmate for each inmate for whom the area is designed. The 85 square feet associated with dormitory space is normally separated into 50 square feet for sleeping and 35 square feet for activity. Calculation of this space shall not include sally ports, stairs, area under stairs, toilet, shower, and lavatory areas.

C. All dormitories shall be provided with artificial light, toilet and lavatory fixtures, hot and cold running water, and a drinking fountain or lavatory equipped with sanitary bubbler, security type mirrors at standard height, tables, and chairs or benches in sufficient number to accommodate the dormitory's design capacity.

D. Tables and seating shall be sufficient to accommodate the number of inmates for whom the area is designed.

E. Showers and toilets shall be located to provide visual supervision from a control station or control room as well as privacy from the housing unit occupants and from visibility from circulation corridors.

F. Stairs in multilevel dormitories shall have open risers.

6VAC15-81-700. Natural light.

Natural light is required in general population housing units in new construction. Consideration shall be given to providing natural light in renovation projects that provide new inmate housing.

6VAC15-81-710. Artificial light.

A. Artificial light shall be provided in all cells, dayrooms, and dormitories to provide at least 20 foot-candles at personal grooming areas, tables, and desk tops, if desks are provided. Night lighting is required.

B. Light fixtures used within the secure perimeter shall be equivalent to the security level of the area in which they are designed.

6VAC15-81-720. Climate control.

Heat and air conditioning shall be provided in all rooms in the facility so that a temperature not less than 65 degrees F or more than 85 degrees F is maintained. Exceptions to this requirement include warehouses, industrial spaces, and mechanical and electrical spaces, which may be mechanically ventilated. Special consideration shall be afforded to additional cooling in kitchen, food storage areas, and rooms containing heat sensitive and electronic equipment.

6VAC15-81-730. Equipment and fixtures.

Equipment and fixtures used within the secure perimeter shall be equivalent to the security level of the area in which they are designed.

6VAC15-81-740. Special purpose cells.

A. There shall be a minimum of one special purpose cell (e.g., isolation, medical, or segregation) for each 10 secure inmates for whom the facility is designed.

B. The number of ADA accessible special purpose cells shall meet the percentage required by the building code.

C. All cells shall be provided with lighting from a maximum security fixture and be in accordance with artificial light requirements in 6VAC15-81-710.

D. Special purpose cells shall be sized in accordance with the American Correctional Association Standards for Local Detention Facilities for restrictive housing units with a ceiling height of at least eight feet and are not required to open onto an adjacent dayroom space.

E. A minimum of 80% of special purpose cells shall be constructed as maximum security cells. Up to 20% of special purpose cells may be of less secure construction if designed for medical usage.

F. Cells specifically designed for persons who are violent or self-destructive may be equipped with a flushing floor drain in lieu of a stainless steel combination plumbing fixture and a bunk sized slab or platform raised a minimum of six inches above finished floor.

G. Showers shall be provided within the special purpose housing unit. Consideration shall be given to providing cuff slots in doors for enclosed showers in special purpose housing units.

H. Special purpose cells shall not open directly into a main corridor or general population activity space.

6VAC15-81-750. Multipurpose space.

A. Multipurpose spaces shall be provided in sufficient number and size to allow for and include multipurpose rooms, educational classrooms, religious services, group counseling services, program services, and library (if inmates are to be moved to the service). For purposes of this chapter, jail industry programs, as defined in §§ 53.1-133.1 through 53.1-133.9 of the Code of Virginia, are not considered multipurpose space.

B. The total multipurpose area square footage shall be designed and constructed to provide a minimum of 20 square feet per inmate for design capacity of the facility up to 480 inmates. No additional multipurpose space is required for facilities with a design capacity of over 480 inmates.

6VAC15-81-760. Recreation.

A. Recreation space shall be provided at a rate of 10 square feet for each inmate for which the facility is designed up to 480 inmates. For facilities with a design capacity of over 480, no additional recreation space is required. A minimum of two recreation areas shall be provided in facilities with a design capacity of up to 240 inmates. For facilities with a design capacity greater than 240 inmates, a minimum of three recreation spaces shall be provided.

B. Indoor recreation is required, and consideration shall be given to outdoor recreation. At least one indoor recreation area shall have a minimum of 1000 square feet with an 18 foot ceiling height or overhead clearance. At least one outdoor recreation area, if provided, shall have a minimum of 1500 square feet with an 18 foot overhead clearance. Additional recreation areas, if indoors, may have lower clearance or ceiling heights if being utilized for activities such as a weight room or ping-pong. No recreation area shall have less than 600 square feet or measure less than 20 feet in any one direction.

6VAC15-81-770. Library.

Library space shall be provided for an inmate library or provisions made for alternative library services.

6VAC15-81-780. Commissary.

Space shall be provided for an inmate commissary and associated storage or provisions shall be made for alternative commissary services.

6VAC15-81-790. Facility visiting area.

A. Accommodations for public visitors shall be designed to provide flexibility in the degree of physical security and supervision commensurate with security requirements of variously classified inmates. Paths of ingress or egress for inmates shall be designed to be separate from and not intersect ingress or egress paths of public visitors.

B. Consideration shall be given to providing lockers or areas for storage of handbags or other articles in the public lobby.

C. Noncontact visitation.

1. Noncontact visiting shall be provided at a rate of not less than one noncontact visiting space for each 20 inmates for whom the facility is designed, up to 240 inmates. Facilities designed for more than 240 inmates shall provide one additional noncontact visiting space for each additional 50 inmates.

2. In noncontact visiting areas, means shall be provided for audible communication between visitors and inmates. The communication system provided shall be designed to prevent passage of contraband.

3. If video visitation is utilized, a combination of on-site and off-site video visitation units for the public may comply with the requirements of subdivisions 1 and 2 of this subsection. In no event shall off-site video visitation be the only form of noncontact visitation.

4. At least 25% of public noncontact visitation shall be on site.

5. If inmate video visitation spaces are provided in the housing units, at least eight square feet shall be provided per video visitation space. This space shall not be counted towards calculation of dayroom or multipurpose room space.

D. Contact visitation.

1. Not less than two secure contact visiting rooms of at least 60 square feet each shall be provided for the first 100 inmates of design capacity for contact visits from law-enforcement officers, attorneys, clergy, and probation officers or parole officers. For facilities having a design capacity in excess of 100 inmates, one additional secure contact visiting room shall be provided for every additional 200 inmates of design capacity. These rooms shall be located to be either visually supervised or monitored by a control station or room.

2. Provisions shall be made to prevent transmission of intelligible communication to adjacent areas.

6VAC15-81-800. Food service.

A. If a kitchen is provided, it shall be equipped to meet the standards of the Department of Health and the following:

1. The kitchen and kitchen storage shall be sized in accordance with the design capacity of the facility and include consideration for future expansion.

2. The kitchen area, exclusive of dining and serving areas, shall be a minimum of 1500 square feet and for facilities in excess of 100 inmates of design capacity an additional three square feet per inmate shall be provided. The kitchen shall be located with consideration for ease of serving the inmate population and where supplies can readily be received without breaching security. Space for food storage rooms is in additionto ] the above minimum square footage.

3. Consideration shall be given to providing an inmate break area within the kitchen area. This shall not reduce the size of the kitchen or other spaces associated with the kitchen.

4. A janitor's closet and mop sink shall be located within the kitchen for exclusive use in the kitchen.

5. Storage space of adequate size and type to accommodate perishable, frozen, and bulk dry food storage shall be provided.

a. For facilities with a design capacity up to 1000 inmates, the storage space shall be sized not less than three square feet of floor space per inmate. For design capacity in excess of 1000, the sizing may be 2.7 square feet of floor space per inmate for the next 800 inmates. Further reductions may be approved for jails with a design capacity of greater than 1800 inmates. Storage space requirements are based on a seven-day supply need. Aggregate kitchen storage space shall be a minimum of 300 square feet of floor space.

b. The following breakdown of storage space is recommended: 40% dry, 36% refrigerated and 24% freezer.

c. Walls for food storage shall extend to the structure above.

6. All kitchen counters and table tops, legs, and bases; shelving; and fixed equipment shall be stainless steel.

7. The floors, walls, and ceilings in the food service areas shall be a smooth durable finish, shall withstand food spillage, and shall be easily cleanable.

8. Adequately sized separate lockable storage shall be provided for caustic, toxic, and flammable kitchen supplies. Secure storage or space for secure storage shall be provided for kitchen inventory of sharp implements and other potential weapons. Consideration shall be given for locating lockable storage in a separate locked room.

9. Provisions shall be made for kitchen waste removal from the kitchen area without crossing the food preparation area.

10. Hand washing sinks for inmate toilets shall be located outside the toilet room and in view of the staff.

11. Consideration shall be given to locating an emergency eye wash station in the kitchen.

12. Consideration shall be given to providing a smoke removal system for the kitchen.

B. In addition to kitchen and kitchen storage areas, a staff dining or break area shall be provided with a minimum of 15 square feet for each person the area is designed to serve. Floors, walls and ceilings shall be a smooth, durable finish and easily cleanable.

6VAC15-81-810. Laundry.

A. If a central laundry is provided, commercial or institutional grade equipment shall be provided.

B. Finishes shall be durable and easily cleanable. Electrical, plumbing, and ventilation shall be as described in Article 5 (6VAC15-81-980 et seq.) of this part.

C. The guidance for washer capacity is to provide 15 to 20 pounds of laundry per inmate per week. The minimum recommended ratio for dryer to washer load poundage shall be a minimum of 1.5 to 1.

D. There shall be sufficient storage for linen and laundry supplies. Separate lockable storage shall be provided for caustic, toxic, and flammable supplies.

E. Secure lockable storage shall be provided for chemical containers serving laundry machines.

F. All gas supply and exhaust venting on dryers shall be protected from exposure to and vandalism by inmates.

G. A janitor's closet and mop sink shall be located within the laundry for exclusive use in the laundry.

H. Consideration shall be given to providing a smoke removal system for the central laundry area.

I. Consideration shall be given to locating an emergency eye wash station in the central laundry area.

J. Consideration may be given to providing small load capacity laundry equipment in property storage, community custody, and minimum security housing areas in addition to the central laundry.

K. Provisions for future expansion shall be considered.

6VAC15-81-820. Storage.

In addition to storage required for particular areas, the following shall be provided to accommodate facility design capacity at a minimum:

1. Storage for inmate clothing, linens, towels, etc.

2. Storage for recreation and related equipment located in or near indoor and outdoor recreation areas.

3. Secure storage for medical supplies and biohazard waste.

4. Storage for extra inmate mattresses and bunks.

5. Secure storage for janitorial supplies in janitorial closets located conveniently to areas serviced.

6. Secure storage for inmate records.

7. Storage space in the administration area for equipment, records, and supplies for established and projected population needs.

8. Staff uniforms and equipment.

9. Secure storage for evidence and contraband.

Article 3 Additional Design Requirements

6VAC15-81-830. Elevators.

A. Facilities with three or more stories shall be provided with at least two elevators.

B. Elevators within the secure perimeter shall be capable of being securely controlled and managed locally and from a control room. Consideration shall be given in all elevators to provide visual and audio communication with the control room.

6VAC15-81-840. Corridors.

Corridors used for the movement of inmates, stretchers, food and utility carts, etc. shall be constructed to provide a minimum width of five feet.

6VAC15-81-850. Intercom, closed circuit television, video, and sound services.

A. As a minimum, each housing unit shall be equipped with an electronic sound monitoring system that allows inmates to notify staff in the case of an emergency. This system shall be monitored by master control or other remote control room or control station.

B. Two-way intercoms shall be provided at all remotely controlled security doors other than cell doors.

C. The facility shall be designed to maximize direct visual sightlines. As a supplement to direct visual observation, CCTV shall be installed to observe, at a minimum, blind spots in corridors, sally ports, building entrances, and the building exterior.

D. If video teleconferencing or arraignment is to be utilized, adequate space shall be provided.

E. Consideration shall be given to the requirements of PREA when installing video monitoring, electronic surveillance, or other monitoring technology.

F. In areas where voice communications through the glazing is desired, such as a magistrate, visitation, and control rooms, a system utilizing vandal resistant individual speakers, microphones, intercom, telephone, speak-around frames, or an approved equivalent shall be specified.

6VAC15-81-860. Telephone.

Inmate telephone service shall be provided in all inmate housing units, including intake and special purpose housing, within the jail.

6VAC15-81-870. Glazing in doors.

Glazed view panels shall be provided in all doors for security and safety, with the following exceptions:

1. Doors to janitorial closets, plumbing chases, storage areas, employee dining, staff break room, pharmacy, toilets, maintenance rooms, property storage rooms, evidence rooms, armory, mechanical rooms, electrical rooms, telecommunication rooms, security electronics rooms, offices outside the secure perimeter, and similar rooms.

2. Doors required by the building code to have a three-hour fire-resistance rating are not required to have view panels.

6VAC15-81-880. Mechanical, maintenance, security electronics.

A. The main mechanical room shall be located outside the secure perimeter and shall be accessible from the outside.

B. If a separate maintenance shop is provided, it shall be located outside the secure perimeter and shall be accessible from the outside.

C. The main security electronics shall be contained in a room specifically designed for that purpose or shall be securely separated from other equipment. Security electronic rooms shall not provide access to other spaces or services. An independent cooling system shall be provided for this room.

6VAC15-81-890. Access for replacement of mechanical equipment.

Design shall provide access for replacement of larger pieces of mechanical equipment without having to relocate other equipment or cut holes through walls, floors, roofs, or ceilings.

6VAC15-81-900. Plumbing.

A. Walk-in type plumbing chases shall be provided with lights and electrical outlets to facilitate maintenance.

B. Sufficient floor water drains shall be provided throughout the jail to enable water to be easily removed from areas subject to water spillage or flooding (i.e., shower, group toilet areas, dayrooms, kitchens, etc.).

C. At a minimum, the capability of shutting off the domestic water supply shall be provided for each individual housing unit with one control per housing unit.

D. Plumbing fixtures in special purpose and intake cells shall have individual shutoff controls for domestic water supply.

E. Domestic water shutoff controls shall be in a remote location in proximity to each housing unit and shall be easily accessed by staff, but not inmate accessible.

6VAC15-81-910. Housing unit stair and cell tier guard rails.

Guard rails shall be a minimum height of 48 inches above the floor or stair treads in housing units and inmate stairs, including egress stairs and tiers.

Article 4 Construction Requirements

6VAC15-81-920. Building systems - general.

A. The requirements set forth in this article establish the requirements for building materials, equipment, and systems to be designed and constructed in facilities within the Commonwealth of Virginia.

B. The building components and design criteria denoted in this article are intended to relate the facilities' security and custody level and expected use conditions, with the materials, equipment, and systems expected performance, particularly as related to strength, safety, and durability characteristics.

C. Matching the performance levels of the various components which make up a security enclosure or system is of equal importance. They shall be comparable and compatible.

D. All work shall be done in accordance with acceptable design and construction practices and material shall be installed in accordance with manufacturer recommendations or as otherwise noted.

6VAC15-81-930. Structural systems - walls, floors, roofs, ceilings.

A. Wall systems - general. Walls encompassing areas occupied by inmates shall provide a secure barrier for their entire height and length, both horizontally and vertically, to prevent unauthorized ingress or egress. Security walls shall provide continuity at adjacent security walls, horizontal security barriers or the secure perimeter. The joints and voids between secure walls and horizontal security barrier shall be protected with materials of security level equivalent to the remainder of the wall.

1. Security walls.

a. Security perimeter walls shall be of masonry, concrete, steel, or other approved noncombustible building material and shall comply with ASTM F2322 testing method Grade 1 to a minimum of 1,000 blow counts.

b. Interior security walls shall be of masonry, concrete, steel, or other approved noncombustible building material and shall comply with ASTM F2322 Grade 1. Security shall be maintained for the entire height of the wall and integrated with the next horizontal security barrier.

c. Security walls may be of the following materials and construction:

(1) Concrete masonry units with block cores filled solid with 3,000 psi grout in accordance with ASTM C476. All masonry mortar shall be a minimum of 2,500 psi compressive strength and comply with ASTM C270.

(a) Security perimeter walls shall have vertical #4 reinforcing rods in every masonry core spaced eight inches on center maximum. Every masonry core shall be grout filled.

(b) Interior security walls shall have vertical #4 reinforcing rods in every other masonry core spaced 16 inches on center maximum. Every masonry core shall be grout filled.

(2) Concrete walls may be cast in place or precast reinforced high-strength concrete panel. Walls shall be a minimum of 4,000 psi compressive strength (28-day break). Minimum thickness of solid core concrete shall be four inches. Refer to the Prestressed/Precast Concrete Institute to calculate the equivalent thickness of hollow core concrete panels. Hollow core plank shall not be used for security walls.

(3) Steel wall assemblies shall meet ASTM F2322 testing requirements Grade 1 or better and shall be coated with a zinc-iron-alloy (galvanneal) coating meeting ASTM A653, Commercial Steel (CS), coating designation A60 (Z180) designation or better. Walls shall be securely anchored to structural slabs in floor, adjacent security walls, and horizontal security barrier.

(4) Bar grille security walls shall be 2-1/4 inches by 3/8-inch steel flat bar frame with vertical 7/8-inch round double ribbed bars spaced five inches or less on center with 2-1/4 inches by 3/8-inch horizontal steel bars approximately 16 inches on center. Bar grille shall be securely anchored to adjacent security walls and horizontal security barriers.

(5) Woven rod security walls shall be fabricated from 3/8-inch diameter mild steel rods spaced not more than two inches on center in two directions, interwoven, and crimp-locked. Rods shall be anchored securely into a heavy gage (10-gage minimum) tubular steel frame or structural equivalent flat steel bar or channel. Frame shall be securely anchored to adjacent security walls and horizontal security barriers.

(6) Nonload bearing walls in inmate housing units less than 12 feet high shall have 12-gage steel continuous angles between overhead horizontal structural members on both sides. Voids located at the top of the wall shall be sealed with concrete masonry units grouted solid, solid concrete masonry units, or 3/16-inch metal plate. Walls in excess of 12 feet shall be stabilized but may use clip angles in lieu of continuous angles.

2. Wall penetrations.

a. Access doors or panels shall be the same security grade as the wall in which they are installed.

b. Access doors or panels to access building systems and equipment shall be a minimum of two-feet by two-feet.

c. Consideration shall be given to designing mechanical, electrical, fire protection, and security electronics systems to minimize access doors or panels in walls.

d. Ceiling access panels or doors within the secure perimeter shall be provided with panels and locks equivalent to the security level of the ceiling in which it is used.

e. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

f. Any opening behind a toilet fixture shall be protected in accordance with the requirements of the wall where it is installed.

3. Interior partitions within the secure perimeter.

a. Interior partitions shall be constructed of a minimum of six-inch concrete masonry units or equivalent.

b. Mortar utilized when the wall is of masonry unit construction shall be a minimum of 2000 psi compressive strength.

c. Openings in interior partitions.

(1) Doors and frames shall be a minimum of 1-3/4 inches thick commercial grade hollow metal with a minimum 16-gage door and 14-gage frame.

(2) Door hardware shall be a minimum of commercial grade.

(3) Windows shall have security glazing or tempered glass in accordance with 6VAC15-81-970.

B. Floor systems.

1. Floor systems within and including the secure perimeter shall be one of the following:

a. A poured-in-place concrete slab on grade with a minimum thickness of four inches and not less than continuous six-inch by six-inch by 10-gage embedded welded wire fabric reinforcing or equivalent.

b. Hollow core concrete plank system providing a minimum equivalent concrete thickness of:

(1) Three inches if cores are oval or round; or

(2) Four inches if cores are square or rectangular.

For purposes of calculating equivalent thickness for security, topping is not included.

c. Precast concrete tees providing a minimum equivalent concrete thickness of four inches at the flange. If topping is used, it shall be a normal weight concrete of a minimum of two inches thick and provide adequate cover for #4 rebar eight-inch on center in one direction or W4 welded wire mesh six-inch on center in both directions.

2. Floors in six-sided steel cells and six-sided precast concrete cells shall be tested in accordance with ASTM F2697 testing requirements Grade 1 to a minimum of 1,000 blows for horizontal assemblies.

C. Roof and ceiling systems.

1. Upper secure perimeter shall consist of a roof or ceiling as follows:

a. Roofs. The roof construction or uppermost secure perimeter shall be one of the following:

(1) A minimum of four inch standard weight concrete with a minimum strength of 3000 psi. Reinforcing shall consist of not less than continuous six-inch by six-inch by 10-gage embedded welded wire fabric reinforcing.

(2) Precast concrete plank or panels providing a minimum total concrete thickness of four inches.

(3) Hollow core concrete plank providing a minimum equivalent concrete thickness of:

(a) Three inches if cores are oval or round; or

(b) Four inches if cores are square or rectangular.

For purposes of calculating equivalent thickness for security, topping is not included.

(4) Three-inch standard weight concrete with a minimum strength of 3000 psi on 16 gage steel form (or decking) on concrete or steel support members.

(5) Three-inch standard weight concrete with a minimum strength of 3,000 psi with six-inch by six-inch by 10-gage wire fabric on a 22-gage steel form (or decking) on concrete or steel supporting members.

(6) Precast concrete tees providing a minimum equivalent concrete thickness of four inches. If topping is used, it shall be a normal weight concrete of a minimum of two inches thick and provide adequate cover for #4 rebar eight-inch on center in one direction or W4 welded wire mesh six-inch on center in both directions.

b. Ceilings. A ceiling used for the uppermost horizontal secure perimeter is acceptable if tested in accordance with ASTM F2697 testing requirements to a minimum of 1,000 blows.

2. Interior ceilings. Ceilings within the secure perimeter, but not serving as the secure perimeter, shall have or exceed the level of protection specified in the table in this subdivision.

 


Ceiling Location (within the secure perimeter):

Minimum ceiling height / min. clear ht. 2

Security steel systems as approved by reviewing authority

Security gypsum board6,7

CWFAM w/hold-down clips3

Gypsum board - single layer

Lay-in ACT with hold-down clips4

Exposed structure not requiring a ceiling1,2

Corridor in housing unit

10'

X

15'

Corridors in other than housing unit

8'

X

15'

Personnel sally port

8'

X

10'

Vehicular sally port

15'

15'

Inmate toilet

9'

X

Staff toilet

8'

X

Janitorial closet

8'

X

10'

Mechanical/electrical/maintenance rooms

9'

9'

Security electronics room5

9'

9'

Storage room

8'

X

15'

Office areas

8'

X

Tool rooms

8'

8'

Control room5

8'

X

Intake/booking/processing

9'

X

15'

Cells

7'6"

X

GP dayrooms-single level:

10'

X

15'

GP dayrooms-two level:

Perimeter ceiling areas above the tier walkway to a point 6'0" from the edge of tier railing

8'

X

Center part of dayroom ceilings, starting at 6'0" minimum horizontally from edge of tier railing

15'-AFF of dayroom

X

15'

Cells

7'6"

X

Dormitories

10'

X

15'

Inmate toilet areas9

9'

X

Inmate showers9

7'6"

Kitchen9

9'

X

Staff dining room

9'

X

Food storage

10'

X

12'

Laundry

10'

X

12'

Vocational shops

9'

X

12'

Indoor recreation main recreation

18'

18'

Classrooms, library, multipurpose and other similar spaces

10'

X

Visiting:

Contact visiting room

9'

X

Inmate search

9'

X

Noncontact visiting

9'

X

Medical:

Waiting rooms

9'

X

Exam rooms & treatment areas

9'

X

Medical offices, records

9'

X

Pharmacy5

9'

Warehouse

12'

Canteen

9'

X

12'

Property storage

12'

Ceiling Location

(outside the secure perimeter):

Armory5

9'

Community Custody

Corridor - community custody8

8'

X

12'

Community custody housing

10'

X

15'

Community custody entry/processing8

9'

X

12'

Multipurpose spaces

10'

X

12'

1Minimum clear height that does not require a ceiling. Clear height means distance from the floor to the ceiling or roof or lowest hanging or suspended utilities or fixture.

2Minimum clear height to lowest structure, ceiling panel, utility or fixture.

3Hold-down clips on cementitious wood fiber acoustical material (CWFAM) shall be equivalent to hurricane strength clips secured with screws.

4Hold-down clips on lay-in ceiling must not release under upward pressure without breaking or hold dislodging of panels without damage to the panels.

5Walls shall go up to floor or ceiling above or the area has a security cap.

6Security gypsum ceiling shall be constructed in accordance with the following: two layers of 5/8-inch gypsum wall board with 0.66 pounds per square foot, on 1/2-inch by 13-gage or 3/4-inch by nine-gage diamond mesh metal lath, per ASTM F1267, Type I or Type II securely fastened to the structure or structural supports.

7Cement plaster ceilings of not less than three-coat Portland cement plaster installed on approved heavy metal lath may be used in these locations.

8No hold-down clips are required.

9Moisture resistant material appropriate to wet locations shall be used.


3. Secure ceilings shall be provided in other areas where inmates are unsupervised.

4. Consideration shall be given to ensure that adequate space (a minimum of eight inches) is provided between the ceiling (including recessed lighting fixtures) and above ceiling building systems (e.g., duct, conduit, wiring, piping, tubing, structure, etc.) to allow for installation of the ceiling at the specified height.

5. Ceilings over showers and toilets shall be equivalent to security requirements of space in which it is located.

6. Security capping.

a. Any space surrounded by interior security walls that does not extend to a secure floor or roof structure above or uppermost horizontal secure perimeter shall be capped to comply with a material or assembly meeting the requirements of ASTM F2322 testing method to Grade 1 or with four inches of concrete or equivalent. This includes cells, control rooms, sally ports, and armories.

b. Open spaces above areas required to be security capped shall be protected to eliminate blind spots or access for hiding.

7. All penetrations of the uppermost secure perimeter shall be protected by maximum security opening protectives equivalent to types specified in 6VAC15-81-940, 6VAC15-81-950, and 6VAC15-81-960. Where operable, opening protective shall be equipped with maximum security locks in accordance with 6VAC15-81-950.

8. Access openings.

a. Consideration shall be given to designing mechanical, electrical, fire protection, and security electronics systems to minimize access doors or panels in ceilings.

b. Protection of openings shall be the same security grade as the ceiling in which it is installed.

c. All access openings to the space above security ceilings shall be protected by hinged metal access panels or doors equipped with keyed locks.

d. Access doors or panels to access building systems and equipment shall be a minimum of two-feet by two-feet.

e. Ceiling access panels or doors within the secure perimeter shall be independently and securely supported to prevent vertical displacement.

f. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

6VAC15-81-940. Doors and frames - security and nonsecurity.

A. Security doors used where perimeter security and interior security walls are required shall be one of the following:

1. Hollow metal security doors shall meet the requirements of ASTM F1450 as follows:

a. Maximum security and perimeter security doors shall be ASTM Grade 1.

b. Doors in interior security walls and associated with medium security housing shall be ASTM Grade 2 or better.

c. Minimum security doors shall be ASTM Grade 3 or better, except doors shall beASTM ] Grade 2 or better if in interior security walls.

2. Bar grille doors shall include double ribbed steel bars measuring 7/8-inch diameter at five inches on center with flat steel crossbars measuring 3/8-inch by 2-1/4 inches at 18 inches on center with punched holes for ribbed bars at five inches on center. Door frames shall be installed in accordance with Hollow Metal Manufacturers Association (HMMA) 863 and ASTM F1450.

3. Woven rod door.

a. Woven rod door frames shall be constructed of tubular shaped 12-gage steel channel or 3/16-inch right-angle bent steel plate, punched to receive woven rods.

b. The cap channel shall be 12-gage steel plate.

c. The woven rod door mesh shall be 3/8-inch in diameter steel rod woven at two inches on center each way and double crimped.

d. Welds shall be placed a minimum on every other rod where it cannot be accessed by the inmate.

e. The frame shall be mounted into a 10-gage formed steel channel, expansion anchored to the wall, and field welded to the mount channel.

f. Door frames shall be installed in accordance with HMMA 863 and ASTM F1450.

4. Access opening protection.

a. Access panels, doors, frames, locks, and hardware shall at a minimum be equivalent to the security level of the wall, roof, or floor where they are installed.

b. Steel plate doors may be used as an alternate. If used, access doors or panels shall meet the following requirements:

(1) Shall be a minimum of 3/16-inch thick plate steel.

(2) Shall have minimum of 3/16-inch bent steel plate or equivalent rolled steel shape door frame. Each jamb for security access openings shall be anchored with wall anchors not to exceed 18 inches on center with a minimum of two wall anchors per jamb.

(3) Frame and bracing shall be sufficient to prevent the door or panels from flexing or warping from abuse.

B. Nonsecurity doors shall be steel commercial grade minimum 1-3/4 inches thick hollow metal doors with 16-gage face sheets with rigid inner core. Frames shall be commercial grade 14-gage hollow metal or equal.

C. Solid core wood doors are an acceptable alternative as a nonsecurity door in walls designated as nonsecure.

D. Additional features.

1. Where doors and hardware are required by the building code to be fire-rated construction, such construction shall not reduce or compromise the security requirements or present a hindrance to emergency evacuation.

2. Security frames shall be completely filled with 3,000 psi fine grout meeting the requirements of ASTM C476.

3. Doors for any room utilized by inmates shall open out away from the inmate occupied side.

4. Doors in inmate occupied areas shall not have loop pulls on the inside of the door. Finger pulls are recommended in those locations.

5. Passproof thresholds shall be installed at doors to prevent passing of contraband between housing units.

6. Sliding doors, door mechanisms, and food passes shall be oriented and installed to minimize inmate interference with door operation.

6VAC15-81-950. Locks and locking systems.

A. Security level. Locks shall meet the requirements of ASTM F1577 for swinging doors and ASTM F1643 for sliding doors. Locks on perimeter security doors and maximum security doors shall be Security Grade 1. Locks in interior security walls shall be Security Grade 2 or better. Locks in interior security partitions shall be Security Grade 3 or better.

B. Locking devices. Where a high degree of security and positive door control is required in cells, dayrooms, and corridors, sliding door locking devices capable of being operated from a control room are recommended.

C. Magnetic and electromagnetic locks shall not be used as security locks.

D. Controls shall be provided to operate the locks and locking devices in the required modes.

1. The switches, relays, and other devices shall make up a control system compatible with the locks and locking devices and shall be capable of providing the switching necessary to satisfy all desired operational modes.

2. A master control console or panel shall be designed to display all switches to the operator. Normally installed in a secure room (i.e., officer control room) the console shall be equipped with a control for each door, a group control for each wing of the building (or cell block), and controls for the corridor and sally port doors that control access to those wings.

3. In housing control stations and control rooms, door controls shall release cell doors individually, as a group, and as emergency release.

4. Housing control stations and control rooms shall have a local and remote power cutoff and the ability to transfer operation to the master control room.

5. Control panels shall have position, lock, and roller bolt or locking bar indication for security gates and doors.

6. In the event of a power failure the locking system shall be fail secure.

7. Emergency release provisions shall be made for unlocking or group-release of cell doors in case of fire, power failure, or other emergencies.

a. Standby power from a generator is required.

b. Other forms of emergency release shall be reviewed and approved by the reviewing authority.

E. Master keying shall be provided for all security locks. Master keying shall utilize a minimum of two keys so that no one key can be used to get from any point in the facility through multiple doors to the outside of the facility. All secure perimeter doors shall be keyed separately from interior doors.

F. Locks on inmate toilet room doors, with the exception of within housing units, shall be lockable from the outside but not lockable from the inside.

G. Within housing units, locking shall be as follows:

1. Inmate showers and toilet rooms with full height doors shall be staff lockable from the outside but shall not be capable of being locked or latched from the inside.

2. Inmate showers and toilet rooms with partial height doors may be latched from the inside.

H. Staff toilets shall be key locked from the outside and thumb turn operable or not lockable from the inside.

I. Plumbing chases shall not be lockable from the inside.

J. Sally ports interlocking requirements.

1. Sally port doors shall be interlocked in a manner that only one sally port door or gate shall be openable at a time under normal operation. All sally port doors or gates shall be installed so they are confirmed to be locked by mechanical or electronic means prior to the opening of any other door or gate. Sally port locking and unlocking shall be remotely controlled from a secure control room.

2. Vehicular sally port gates or doors shall be capable of being operated and locked from a remote location with provisions for manual operation and locking when power is off or in the event of emergency action.

3. Vehicular sally port doors shall be a minimum of 12 feet high.

4. Rollup and bifold doors in vehicular sally ports, warehouse, and loading docks are not considered security doors.

5. Cell door release shall be separate from housing unit entry door release locking.

6. Doors between adjacent housing units shall not be interlocked with sally ports.

6VAC15-81-960. Window frames.

A. Performance requirements and criteria for the selection and intended use of windows shall include the following considerations: security, natural lighting, ventilation, and weather protection.

B. Security requirements.

1. Security frames shall have 1-1/4-inch glazing stops with a one-inch bite and be secured with security screws on the non-inmate side.

2. Security frames shall be completely filled with 3,000 psi fine grout meeting the requirements of ASTM C476.

3. Windows shall have security glazing in accordance with 6VAC15-81-970.

4. Where necessary because of field conditions in renovations or replacements, field fabricated security windows shall have a minimum 14-gage window frame and be approved by the reviewing authority.

C. Secure perimeter. Windows frames that are to be installed in the building perimeter security (exterior and interior walls and clearstory/skylight assemblies) shall meet the requirements of ASTM F1592 Grade 1 or better

D. Interior security.

1. Maximum security window frames shall be Security Grade 1 or better.

2. Window frames in other interior security walls shall be Security Grade 2 or better.

E. Non-security windows may be provided in an exterior security wall to provide a noninstitutional appearance. When such windows are used, however, the window opening shall be protected on the interior side of the opening by a steel bar grille or woven rod with security frame comparable to the security assemblies described in this section.

6VAC15-81-970. Security glazing.

A. When selecting glazing, consideration shall be given to ballistic attack, whether penetration of glazing would compromise security or allow passage of contraband, degree of staff supervision or surveillance, and anticipated amount of vandalism.

1. Glazing security grade level shall be in accordance with ASTM F1915.

2. Bullet resistant glazing shall meet ballistics requirements of ASTM F1233 for weapons capable of concealment and UL 752 Level III, super power small arms. This glazing shall be low spalling or no spalling.

B. The level of glazing resistance to penetration or ballistic attack shall be consistent with the security level of walls and other building components in which it is located.

1. Where openings exceed five inches in one direction and are not protected by bar grille or woven rod:

a. Glazing in maximum security walls and doors shall be Security Grade 1 or better.

b. Glazing in interior security walls and doors shall be Security Grade 2 or better.

c. Glazing in interior partitions inside the secure perimeter shall be Security Grade 4 or better.

2. Glazing in control rooms shall be:

a. Security Grade 1 in master control room.

b. Security Grade 1 and bullet resistant where glazing separates a control room from a public area.

c. Security Grade 2 or better for other control rooms.

3. Glazing associated with visitation or magistrate areas that form a part of the secure perimeter shall be one of the following:

a. Security Grade 1 glazing with bar grille or woven rod.

b. Security Grade 1 glazing and bullet resistant.

c. Glazing in visitation between the public and inmate may be Security Grade 1 glazing supplemented by an additional secure perimeter wall with sally port enclosing the public side of the visitation area.

4. Security glazing panels shall be no larger than 36 inches by 48 inches unless located a minimum of seven feet above floor level.

5. Glazing security grade may be reduced one level if lowest portion of glazing is 12 feet above adjacent floor level.

6. Tempered or insulated glass or both may be used in openings five inches or less in one direction unless bullet resistant or contraband resistance is required, in which case glazing rated for such shall be used.

7. Glass security glazing or glass clad security glazing shall not be used unless required for fire rating or unless approved by the reviewing authority on a case by case basis for specific locations.

8. Plate glass, float glass, and other conventional glass other than wire or tempered glass shall not be used in any openings located within the secure perimeter or in any interior security walls, interior partitions, doors, or other openings within the area enclosed by the secure perimeter. Wire glass may only be used where required for fire rating purposes.

9. Tempered glass, if used, shall meet the requirements of (American National Standards Institute) ANSI Z97.1 Class A safety test or Consumer Products Safety Commission Category II safety test.

10. Where bar grille or woven rod is required to be used for windows, it shall be similar in design and constructed in accordance with bar grille or woven rod indicated in 6VAC15-81-930.

11. Where the frame or frame and mullions provide the security for the window opening, the maximum clear dimension of the opening shall be no more than five inches in one direction.

12. All openings, such as windows, louvers, clearstories, and skylights, penetrating the secure perimeter walls, floors, or roof shall be protected by bar grille or woven rod partitions constructed as required by subdivisions A 1 c (4) and A 1 c (5) of 6VAC15-81-930 when they are larger than:

a. Eight inches by eight inches or;

b. Five inches in one direction if the other dimension is larger than eight inches.

Exception: Glazed areas protected and located in accordance with subdivision 3 of this subsection.

13. To avoid tampering, removable glazing stops shall be applied, wherever possible, on the side opposite the inmate occupied area. Where stops are placed in an inmate area, they shall be secured with an ample number of strong, properly installed, tamper resistant fasteners of design required by 6VAC15-81-930 or approved by the reviewing authority. Junctions of horizontal and vertical glazing stops on the inmate side shall be welded to prevent removal of portions of stop members.

14. Exterior windows in security areas in new construction shall be fixed. Exception: In renovations where windows are operable, exterior windows in security areas that are capable of being opened shall have additional protection of heavy duty stainless steel, security wire contraband, and insect screen.

Article 5 Mechanical, Plumbing, Electrical, Smoke Control, and Fire Protection

6VAC15-81-980. Mechanical, plumbing, electrical, smoke control, and fire protection installation.

Unless indicated otherwise by this chapter, all components of mechanical, plumbing, electrical, smoke control, and fire protection systems, including air handlers, fans, duct work, terminal boxes, dampers, heating and cooling equipment, water heaters, pumps, piping, valves, sensors, control wiring, thermostats, tubing, conduit, wiring, motors, lighting fixtures, and associated equipment within the secure perimeter shall be mounted as follows:

1. As high as possible for the intended function and securely fastened to the structure or walls.

2. If located less than 12 feet above the finished floor or within six feet horizontally of guard rails enclosing tier floor and landing levels in dayrooms, the components shall be specifically designed for the security level of the space where it is installed, protected by a secure enclosure, or protected by secure encapsulation. Exceptions include spaces dedicated for staff use. "Secure enclosure" means secure walls, secure floors, and secure roof or secure ceiling surrounding a space or area.

3. Piping, wiring, conduit, control wiring, and tubing shall not be exposed in cells.

6VAC15-81-990. Mechanical.

A. Within the secure perimeter of the facility, flexible duct work shall not be installed within six feet of any opening (e.g., register, grille, diffuser, etc.) that can be accessed by inmates.

B. Air inlets and outlets.

1. Maximum security grills shall be provided in the following areas:

a. All cells.

b. Maximum security housing units.

2. Maximum security grills shall have a 3/16-inch steel face plate interconnected to a 3/16-inch thick steel sleeve. Openings in the face shall be no larger than 3/16-inch each. Alternatively, a security grille specifically designed for suicide resistance may be allowed as approved by the reviewing authority.

3. In inmate accessible areas, other than maximum security, security grilles, security diffusers and security face plates shall be 12-gage or protected by 12-gage steel full face protection.

4. Commercial grade grilles, diffusers and face plates may be provided in:

a. Areas where lay-in ceiling tiles or single layer gypsum board ceilings are allowed.

b. Areas located greater than 12 feet above the floor.

c. Areas greater than six feet measured horizontally from any tier.

d. Staff areas within the security perimeter.

5. Grilles, diffusers, and face plates shall be constructed of stainless steel in inmate shower areas and stainless steel or aluminum in kitchen areas. Thickness of stainless steel grilles and diffusers for shower areas shall be as required for the security level indicated in this section.

6. Consideration shall be given to upsizing grille and diffuser sizes, but not openings in face, to compensate for pressure drop due to anticipated paint buildup.

7. Consideration shall be given to locating inlets and outlets to provide proper distribution of air and prevent short circuiting.

C. Opening protectives. Duct and other penetrations of security walls, security floors, security ceilings or security roof shall be protected by bar grille or woven rod meeting the dimensional requirements for walls in this chapter when they are larger than:

1. Eight inches by eight inches.

2. Five inches in one direction if the other dimension is larger than eight inches.

3. Exceptions:

a. Duct bars are not required in wall penetrations in the interior security walls located within an individual housing unit, or the inner wall of their integral sally port. Duct bars are required in penetrations of control rooms.

b. Duct bars are not required if maximum security grilles are provided in interior security walls or interior security ceilings in accordance with subsection B of this section.

D. Within the secure perimeter, portions of the mechanical system requiring maintenance or inspection shall be located so it cannot be accessed by inmates.

E. Supply, return, or exhaust through chases shall be ducted.

F. Armories shall have a dedicated exhaust to the outside of the building.

G. Control rooms shall have dedicated HVAC systems.

6VAC15-81-1000. Plumbing.

A. Showers.

1. Showers shall include a soap dish and drain. Shower heads shall be positioned to confine water flow to shower stall.

2. Hot and cold or tempered running water shall be available in all showers. Hot and cold running water shall be available in all lavatories. Hot water, which is accessible by inmates, shall be controlled by a temperature limiting device to preclude temperatures in excess of 105 degrees F.

3. Toilet area wall, floor, and ceiling surface finishes shall be durable, washable, and resistant to water, mold, and mildew.

4. Shower ceiling, wall, and floor surface finishes shall be durable, washable, and resistant to water, mold, and mildew. Shower and shower area floor surface finishes shall be slip resistant. The reviewing authority may require that inmate showers be constructed from stainless steel.

5. All showers for inmate use shall be operated by metering push button control.

B. Plumbing fixtures.

1. Plumbing fixtures in maximum security housing units shall be stainless steel. ]

2. In indirect supervision medium security housing units, toilets and lavatories shall be stainless steel.

3. In minimum security housing units and direct supervision medium security housing areas, toilets shall be a minimum of commercial grade tankless toilets and commercial grade lavatories.

4. Soap holders in showers and toilet paper holders shall be the recessed type.

5. Showers providing ADA accessibility designed with fixed low shower head shall have a second head at standard height.

6. Where an ADA accessible mirror is provided, a regular height mirror shall also be provided. Height to bottom of regular height mirror is recommended at 53 to 57 inches.

7. Consideration shall be given to maintenance and sanitation (ponding water and soap) and suicide resistance when selecting grab bars in ADA accessible showers.

8. All toilets for inmate use shall be operated by push button activators. Lavatories for inmate use shall be operated by metering push button activators.

9. Inmate plumbing fixtures in sally ports shall be maximum security.

10. Gooseneck faucets shall not be allowed on lavatories in inmate accessible areas.

C. All floors and tiers in housing units shall be provided with adequate drainage to handle standing water associated with shower areas, toilet or sprinkler overflows, and cleaning.

D. Kitchens and laundries shall be provided with adequate drainage.

E. Janitorial closets with mop sinks and storage shall be provided in every inmate housing unit. Janitorial closets shall be provided in proximity to intake and to serve corridors.

F. Toilet facilities for the use of security and administrative staff and inmates shall be located throughout the building. Staff toilet facilities shall be provided in master control stations. Staff toilet facilities shall be provided in, or convenient to, other control stations or control rooms.

G. PVC or other plastic piping, one-half inch or greater, shall not be used above the ground floor slab within the secure perimeter of the jail. For transitions, PVC piping may extend not more than six inches abovethe ] floor.

H. Plumbing fixtures and lines shall not be located above security electronic rooms.

I. Isolation valves and balancing valves are recommended to facilitate maintenance. Butterfly valves are not recommended.

J. As a minimum, a water supply shutoff controllable from outside each housing unit shall be provided from a location readily accessible by staff but not by inmates. Remotely controlled water supply shutoff valves should be considered for individual inmate cells, especially at special housing.

K. Gravity sanitary drainage mains and fittings serving two or more fixtures in housing units shall have a minimum inside dimension of six inches.

L. For inmate toilets with a gravity sewer, a cleanout with interceptor pin at each tee in chases is recommended.

M. All sanitary and stormwater piping penetrating a secure perimeter wall, security floor, secure recreation yard, or vehicular sally ports shall not exceed eight inches in diameter. If flow calculations require a pipe diameter greater than eight inches, a series of eight-inch or smaller pipes equivalent to or greater than the flow area calculated shall be used. It is expected that multiple pipes be installed as a duct bank.

N. All showers shall be provided with mechanical exhaust directly from the shower compartment. Single showers shall be exhausted individually. In the case of multiple showers without full height partitions between the showers, the exhaust may be from a centralone ] location from the shower area.

O. All fixtures shall be low flow, water saving type.

P. Inmate lavatories, drinking fountains, toilets, and urinals inside the secure perimeter shall not have exposed piping and components.

6VAC15-81-1010. Electrical.

A. All wiring, conductors, and control tubing shall be concealed to the greatest extent possible.

1. Where wiring is exposed and accessible by inmates, it shall be housed in intermediate metal conduit (IMC) or rigid metal conduit (RMC) with threaded fittings.

2. Rigid nonmetallic conduit (PVC or CPVC) shall not be used above ground floor slab within the secure perimeter except when encapsulated in concrete or grouted concrete masonry units. For transitions, rigid nonmetallic conduit may extend not more than six inches above floor.

3. Flexible metallic conduit not exceeding six feet in length shall be allowed above ceilings.

4. Flexible conduit, if required for a moving part of a device (e.g., pan-tilt-zoom camera), shall not exceed 12 inches exposed and shall be liquid tight or equivalent.

5. Electrical metallic tubing (EMT) and other types of conduits are not permitted within the secure perimeter.

B. The intensity of artificial lighting shall be in accordance with the requirements of 6VAC15-40, Minimum Standards for Jails and Lockups.

C. Standby power.

1. A standby power source shall be provided sufficient to sustain, as a minimum, life safety operations, security systems, refrigerators, and freezers.

a. "Life safety operations" means the function of certain electrical, mechanical, and other building equipment provided for the purpose of ensuring the life, health, and safety of building occupants in an emergency situation.

b. Fuel capacity shall be provided for a minimum of 72 hours of operation without refueling.

c. Consideration shall be given to emergency power for nonemergency lighting.

2. Consideration shall be given to protection of generators, standby power source, and fuel sources from unauthorized access or damage by location, fencing, or enclosure.

D. Light fixtures.

1. The security level of fixtures shall be consistent with the security level of the area where located.

2. Security light fixtures shall be surface mounted to any ceiling that is the secure perimeter. Exception: Security fixtures that are designed for, integral to, and maintain the security level of the ceiling, which is not the secure perimeter, may be recessed.

3. Fixtures installed in nonsecure lay-in ceilings may be standard fixtures with vandal resistant lenses.

4. Suspended ceiling mounted lighting fixtures in maximum and medium security housing units shall be supported from the structure above with threaded rods, independent of any ceiling grid or framework.

E. Placement of receptacles and lighting switches in individual cells is discouraged. Consideration should be given for access to power for medical devices.

F. Surge protection shall be provided on power supplies for electrically powered systems and service to include those that leave the building.

G. Lightning protection with a UL Master Certification is required for the facility.

6VAC15-81-1020. Smoke control.

A. A smoke control system shall be provided for dormitory and celled areas such as intake, medical, special purpose, and general population housing.

B. The pressurization method, with a minimum of 24 air changes per hour of exhaust and 20 air changes per hour of makeup air, is preferred, but the exhaust method may be used.

C. Exit corridors shall be positively pressurized to minimize smoke migration into the area and keep the path of egress clear of smoke.

D. A smoke test shall be performed prior to acceptance of the building. The local fire department, local building official, facility safety officer, or their designees shall be invited to witness the smoke tests, and the tests shall be witnessed by the reviewing authority. The areas to be tested shall be at least one each of a typical dormitory and one of each typical celledareas area ], such as intake, medical, segregation and each configuration of general housing, as determined by the reviewing authority.

E. Smoke machines to perform the tests shall be furnished by the owner or the owner's contractor. Smoke machines provided shall be of sufficient size and capacity to perform the tests in a short period of time.

F. Understanding that there are many variables involved, the desired results of the tests are as follows: from start of smoke machine to system alarm shall be two minutes or less; from system alarm to system activation shall be 30 seconds or less; from system activation to distinguish an egress path from the center of the room to an exit shall be two minutes or less; and from system activation to the space being sufficiently clear to reset the system shall be 30 minutes or less.

6VAC15-81-1030. Fire protection.

A. Sprinkler heads in inmate accessible areas shall be detention type heads.

B. Exposed fire alarms, smoke detectors, heat detectors, and audible and visual signaling devices shall be mounted as high as practicable, and if below 12 feet, they shall be covered with heavy-gage tamper-resistant protective cages securely fastened to the surface. All exposed devices including sprinkler heads in gymnasiums or indoor recreation areas shall be covered with protective cages.

Article 6 Miscellaneous Construction Features

6VAC15-81-1040. Jail equipment.

A. All jail security equipment, fixtures, hardware, etc. shall be of a design to meet the security level consistent with the intended use of the space.

B. Bunks installed in maximum and medium security cells shall be bolted through the wall, welded to imbeds, or bolted or welded to inserts cast into the wall or floor.

C. Fixed tables and seats shall be through-bolted through the wall, welded to imbeds, or bolted or welded to inserts cast into the wall or floor.

D. Door closers within the secure perimeter shall be the concealed arm type.

E. All equipment and systems shall be installed in accordance with manufacturer instructions unless otherwise required by this chapter or approved by the reviewing authority to be installed differently.

F. Exposed surfaces of all metal tables, bunks, seats, cabinets, grab rails, stringers, hand and guard rails, food passes, windows, doors, frames, shelves, and similar items shall have smooth edges to reduce risk of cutting or other injury.

6VAC15-81-1050. Interstitial spaces.

Interstitial spaces above cells, freezers, refrigerators, dryers, showers, stand-alone offices, and similar shall be enclosed to facilitate detection of tampering and prevent unauthorized access and to eliminate blind spots.

6VAC15-81-1060. Security fasteners.

A. Fasteners within the secure perimeter shall be pinned Torx or flush break-off head style fasteners installed with thread locking fluid. Spanner type screws are prohibited.

B. Security fasteners are required in locations as follows:

1. Direct supervision control panels.

2. Inmate accessible elevator cabs and control panels.

3. Security lock mounting plates.

4. Glazing stops for security windows.

5. Security light fixtures.

6. Hinges for security doors.

7. Field fabricated equipment.

8. Installed furnishings and equipment including annunciator panels, fire extinguisher cabinets, thresholds, kickplates, grab bars, mirrors, floor drains, air diffusers, light switch plates, outlet covers, intercoms, thermostats, and cameras in inmate accessible areas.

C. Fixed tables and bunks shall be secured with fasteners as specified in this section or with peened or tack-welded anchor bolts and nuts to prevent removal.

D. Security fasteners are not required for the following:

1. Mechanical, electrical, generator, elevator equipment, or communication equipment in locked rooms with security doors not accessible to inmates or inside enclosed control rooms.

2. Above security ceilings, behind secure locked access doors or panels, and within secure pipe and duct chases.

3. Movable furnishings, storage shelving, or cabinet hardware.

4. Laundry and kitchen equipment.

5. Equipment mounted higher than 15 feet above finished floor or within six feet of the tier.

6. Outside the secure perimeter.

6VAC15-81-1070. Food, paper, and medicine passes.

A. A pass for food and medicine shall be installed in all maximum security cell doors. For purposes of this requirement, holding, intake, maximum security housing, classification, and special purpose cells are considered maximum security.

B. A pass for food shall be installed in a wall or inner sally port door of each housing unit. The food pass shall be lockable and operable from the sally port interior and shall not interfere with the operation of the door.

C. Locking passes shall be installed with the lock and fold down shelf on the side of the door or wall away from the inmates.

D. The size of a food or medicine pass shall be no more than five inches high and at least 15 inches wide or designed to facilitate passage of trays to be used. Food passes shall be installed at a maximum height of 36 inches to the top of the opening.

E. A minimum of a paper pass shall be installed from each control room to the adjoining corridor.

6VAC15-81-1080. Communication.

A. A secure means of communication and a paper pass shall be provided between control room and each dayroom and between magistrate's office and intake.

B. A secure means of communication and a paper pass shall be provided between law-enforcement lobby and intake.

C. In areas where voice communications through the glazing is required or desired, such as magistrate, visitation, and control rooms, a system utilizing vandal resistant individual speakers, microphones, intercom, telephone,speak around speak-around ] frames or approved equivalent shall be specified.

6VAC15-81-1090. Interior finishes.

A. In secure areas, all interior exposed walls, partitions, and ceilings shall have a low maintenance, nonabsorbent durable finish.

B. All floor surfaces shall be of a durable, low maintenance, nonabsorbent material.

C. If concrete floor surfaces are used, they shall be finished with a sealer or coating.

D. Base molding is not recommended in inmate accessible areas within the secure perimeter.

6VAC15-81-1100. Acoustics.

A. Acoustical treatment shall be provided at a minimum in housing units, activity areas, and intake.

B. Acoustical treatment shall be damage resistant.

6VAC15-81-1110. Security sealants.

A. General.

1. Security sealants shall be either elastomeric (tamper resistant: hardness 50 or greater) or low-mod gel (pick-resistant: hardness 70 or greater) type.

a. Tamper resistant sealants shall be provided within all inmate occupied areas subject to continuous supervision.

b. Pick resistant sealants shall be provided within all inmate occupied areas not subject to continuous supervision, such as cells.

2. Where open joints exceed security sealant capabilities to provide a full seal, a metal cover shall be provided with security sealant at its full perimeter.

3. Tamper resistant sealant with range of movements suitable for the application shall be used. Pick resistant sealant shall not be used in movable building joints.

4. Joints above ceilings, those covered by expansion joint covers or otherwise concealed are excluded from requirements for security sealants.

5. Security sealants shall be installed with a primer and in accordance with manufacturer written recommendations.

B. Inmate occupied areas.

1. Tamper resistant sealant shall be provided as transition between surface applied floor finish and transition to wall face in lieu of an applied wall base.

2. Within all cells, pick resistant sealants shall be provided for gaps and open joints at the perimeter of all permanent materials, furnishings, fixtures, and devices.

3. Tamper resistant sealant shall be provided for gaps and open joints in other than inmate cells at the perimeter of all fixtures and devices that are removable if not designed to be continuously supervised.

4. Locations for application of tamper resistant sealant include the following:

a. Dayrooms.

b. Visitation (inmate side).

c. Classrooms.

d. Indoor recreation and multipurpose rooms.

e. Inmate toilets, lavatories, and shower areas.

5. Security sealant is not required higher than 12 feet above the finished floor or beyond six feet horizontally of guard rails enclosing tier floor and landing levels in dayrooms.

6VAC15-81-1120. Fencing.

A. Two levels of security fencing are as follows:

1. Inmate containment fencing designed for outdoor recreation areas outside the secure perimeter shall consist of:

a. Two fences at least 12 feet in height and at least 10 feet apart.

b. Fence fabric shall be at least nine-gage, 2-1/2-inch mesh maximum opening, galvanized steel interwoven wire.

c. Razor wire shall be provided and installed per manufacturer recommendations on the top of both fences in the vee arms or on the outrigger arm on the inmate side at the top.

d. A third row of razor wire shall be located between the fences on the inmate side, adjacent to the outside fence.

e. All razor wire shall be a minimum of 24/30 inch double helix coil constructed of100 percent 100% ] stainless steel.

2. Fencing designed for short-term supervised emergency containment shall be:

a. At least 12 feet high.

b. At least nine-gage and 2-1/2-inch maximum opening mesh.

c. Galvanized steel wire interwoven fence fabric.

d. Topped with a minimum of three rows of barbed wire securely fastened to support arms at the top of line and corner posts angled to the inmate side.

B. Fence components including the top and bottom rails, line posts, terminal posts, tension bars, attachments, concrete footings for the fence, walk gates and truck gates, shall be in accordance with manufacturer recommendations.

C. Both top and bottom selvage of the fence fabric shall be twisted and barbed.

D. All exterior fencing shall be effectively grounded.

E. After installation, all threaded fittings, connectors, and bolts shall be tack welded or peened to prevent nuts and pins from being removed. All exposed threads and connector twisted wire tie ends shall face away from the inmate side of the fence, except for double fences where the exposed threads and connector twisted wire tie ends shall face between the fences.

F. All twisted wire tie down wires shall be minimum nine-gage galvanized steel and twisted a minimum of two turns at each end.

G. Hog ring type connectors are not allowed in fencing construction.

H. Fences are not required to have barbed wire if protected by razor wire.

I. Openings between the fence post and building shall not exceed two inches.

J. Bracing shall be shielded or installed on the side of fenced away from inmates, except for double fences where the connectors and bolts shall be between fences.

K. Lock assemblies for gates in fence shall be protected from unauthorized access and tampering.

L. Tension wires are not permitted in lieu of bottom rails.

Part VI Community Custody Facilities Design and Construction

Article 1 General

6VAC15-81-1130. Community custody facilities design and construction - general.

A. For localities or regional facilities that demonstrate a need based on the needs assessment, a community custody facility meeting the requirements in this section may be constructed with a number of beds in accordance with 6VAC15-81-220 A.

B. These structures are designed to house community custody inmates as defined in this chapter.

C. When designing the facility, specific consideration shall be given to appropriate traffic patterns; groups of functions; facilitating ease of movement to, from, and within functions; clear sightlines to eliminate blindspots; efficiency and economy of staffing; PREA; and facilitating a smooth, logical sequence of operation.

D. Material and installation shall be in accordance with manufacturer recommendations or as otherwise noted in this chapter.

Article 2 Housing Design

6VAC15-81-1140. Separate building.

Community custody housing shall be constructed as a building separate from the secure portion of the jail or separated from the secure portion of the facility by the secure perimeter.

6VAC15-81-1150. Traffic pattern separation.

If secure and community custody housing are provided in the same building, the design of the facility shall provide exterior and interior traffic patterns to assure separation of secure and community custody populations.

6VAC15-81-1160. Type of construction.

Perimeter walls shall be of masonry, concrete, stone, metal, or other similar durable nonfabric, noncombustible material. The reviewing authority may require that perimeter walls, floor, and roof or ceiling meet secure perimeter requirements.

6VAC15-81-1170. Occupancy.

Community custody housing shall be designed to consist of multiple occupancy cells or dormitories. If dormitories are utilized and design capacity of community custody exceeds 24, at least two housing units are required.

6VAC15-81-1180. Separation of males and females.

A community custody facility that contains housing units for both males and females shall have the housing units designed and constructed to prohibit normal communication by sight and sound between the two.

6VAC15-81-1190. Housing unit size.

A. Housing units shall be dormitories or multiple occupancy cells.

1. Multiple occupancy cells shall be designed for no more than four inmates per cell and shall be sized in accordance with the current American Correctional Association Standards for Adult Local Detention Facilities. Multiple occupancy cells shall be configured to open into a dayroom.

2. Dayroom space shall contain no less than 35 square feet of space for each inmate for which the unit is designed to serve. Calculation of this space shall not include sally ports, visitation booths, stairs, area under stairs, toilet, shower, and lavatory areas. On the first level an, 18-inch wide path in front of all cell fronts, toilets, and showers shall not be counted as dayroom space.

3. Dormitories shall be constructed to provide 85 square feet of space per inmate for each inmate for which the area is designed. The 85 square feet associated with dormitory space is normally separated into 50 square feet for sleeping and 35 square feet for activity. Calculation of this space shall not include sally ports, stairs, area under stairs, or toilet, shower, and lavatory areas.

B. Ceiling heights in these cells areas shall meet the requirements of the table in 6VAC15-81-930 C 2.

C. Housing units shall be designed to accommodate no more than 48 inmates per dormitory or 64 inmates per housing unit with multiple occupancy cells.

6VAC15-81-1200. Building access.

The facility shall be designed for the capability to monitor ingress and egress to the facility. Space shall be provided outside of the housing unit for search, work clothes lockers, showers, and toilet facilities. If attached to a secure facility, the primary entrance and exit to the facility shall be separate from that of the secure portion of the facility. Any connection between the secure portion and the community custody portion shall besally-ported sally ported ].

6VAC15-81-1210. Fixtures and furnishings.

A. Each housing unit shall be provided with natural light, toilet fixtures, hot and cold running water, drinking fountain or lavatory with a sanitary bubbler, mirrors, bed or bunk, tables and seating, and storage space for personal items to accommodate the number of inmates for whom it is designed.

B. Showers, lavatories, and toilets shall be located within the dayroom or dormitory.

6VAC15-81-1220. Services.

Space or provisions shall be made for food service, laundry, commissary, and other support services.

Article 3 Additional Design Features

6VAC15-81-1230. Elevators.

Elevators, if provided, shall be of sufficient size to transport food carts and at least one elevator per facility shall be of sufficient size to transport wheeled stretchers or gurneys.

6VAC15-81-1240. Corridors.

Corridors used for the movement of inmates, stretchers, food carts, etc. shall be constructed to provide a minimum of five feet in width and height meeting the requirements of the table in 6VAC15-81-930 C 2.

6VAC15-81-1250. Door swing.

Door swings for any space utilized by inmates shall open away from the inmate occupied side.

6VAC15-81-1260. Voice and visual communication.

A. The facility shall be equipped with a system capable of communicating with the master control of its associated facility.

B. To enhance operations and security, intercom and CCTV systems shall be considered.

6VAC15-81-1270. Telephone.

Provisions shall be made for inmate telephone and video communication services available at appropriate locations within the facility.

6VAC15-81-1280. Multipurpose space.

A minimum of 15 square feet per inmate expected to use the space at any one time, but not less than 360 square feet of space shall be provided for indoor recreation or multipurpose use.

6VAC15-81-1290. Drains, storage, and janitorial closets.

A. Floor water drains shall be centrally located in all housing units and adjacent to shower, toilet, and lavatory areas.

B. Storage and janitorial closets with mop sinks shall be provided in or in proximity to housing units.

6VAC15-81-1300. Standby power and emergency release provisions.

A. A standby power source shall be provided sufficient to sustain, as a minimum, life safety operations, security systems, refrigerators, and freezers.

1. "Life safety operations" means the function of certain electrical, mechanical, and other building equipment provided for the purpose of ensuring the life, health, and safety of building occupants in an emergency situation.

2. Fuel capacity shall be provided for a minimum of 72 hours of operation without refueling.

3. Consideration shall be given to standby power for nonemergency lighting.

B. Emergency release provisions shall be made for unlocking or group release of cell doors in case of fire, power failure, or other emergencies.

Article 4 Construction, Mechanical, Plumbing, and Electrical Requirements

6VAC15-81-1310. Interior finishes.

A. All interior exposed walls, partitions, and ceilings shall have a low maintenance, nonabsorbent durable finish.

B. All floor surfaces shall be of a durable, low maintenance, nonabsorbent material.

C. If concrete floor surfaces are used they shall be finished with a sealer or coating.

6VAC15-81-1320. Windows, doors, and locks.

A. Doors, windows and frames shall be commercial grade or detention type.

B. Window openings shall be screened, locked, fixed, or otherwise controlled or designed to prevent unauthorized entry or passage of contraband.

C. Magnetic locks are prohibited.

6VAC15-81-1330. Climate control.

A. Heat and air conditioning shall be provided in all rooms in the facility so that a temperature not less than 65 degrees F or more than 85 degrees F is maintained.

B. Mechanical, electrical, and laundry spaces may be mechanically ventilated.

C. Special consideration shall be afforded to additional cooling in kitchen, food storage areas, and rooms containing heat sensitive and electronic equipment.

6VAC15-81-1340. Mechanical.

A. Thermostats, sensors, control wiring, and control and pneumatic tubing for the mechanical system shall not be inmate accessible.

B. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

6VAC15-81-1350. Plumbing.

A. Shower and toilet areas, including ceilings, shall be provided with a durable surface finish to withstand humidity and cleaning.

B. All exposed plumbing shall be kept flush with the walls and ceilings. Exposed pipes shall not be inmate accessible.

C. Hot water for inmates shall be controlled by a temperature limiting device to preclude temperatures in excess of 105 degrees F.

D. Actuating valves provided on lavatories and showers shall be the metering type.

E. Toilets equipped with tanks are prohibited.

6VAC15-81-1360. Electrical.

A. All wiring, conductors, and control tubing shall be concealed to the greatest extent possible.

1. Where wiring is exposed and accessible by inmates, it shall be housed in intermediate metal conduit or rigid metal conduit with threaded fittings.

2. Rigid nonmetallic conduit (PVC or CPVC) shall not be used above the ground floor slab except when encapsulated in concrete or in concrete masonry units. For transitions, rigid nonmetallic conduit may extend not more than six inches above floor.

3. Flexible metallic conduit not exceeding six feet in length may be installed above ceilings.

4. Electrical metallic tubing (EMT) may be installed above ceilings. EMT, if utilized, shall have compression fittings.

5. Flexible conduit, if required for a moving part of a device (e.g., pan-tilt-zoom camera), shall not exceed 12 inches exposed and shall be liquid tight or equivalent.

6. Set screw fittings and other types of conduits are not permitted.

B. Surge protection is recommended on power supplies for critical life safety, security, and telephone systems. Surge protection shall be considered on control and alarm circuits that leave the building.

6VAC15-81-1370. Lighting.

A. Natural light is required in inmate housing units. Consideration shall be given to providing natural light in renovation projects that provide new inmate housing.

B. Intensity of artificial lighting shall be in accordance with requirements for artificial light in 6VAC15-40, Minimum Standards for Jails and Lockups.

C. Light fixtures shall be a minimum of commercial grade secured with tamper resistant screws.

D. Provisions are required for night lighting.

E. Lights and electrical outlets shall be provided for walk-in type plumbing chases.

6VAC15-81-1380. Equipment.

Equipment and fixtures shall be a minimum of commercial grade.

Part VII Lockup Design and Construction Requirements

6VAC15-81-1390. Lockups and cells.

A. Lockups shall be composed of individual or group cells.

B. Cells shall be designed to contain a minimum of 45 square feet for single occupancy cells plus 15 square feet per inmate for each additional inmate for which the cell is designed.

6VAC15-81-1400. Separation.

Facility The facility ] shall be designed for the necessary sight and sound separation of males, females, and, if planned, of juveniles and with consideration to PREA.

6VAC15-81-1410. Floor drains.

Sufficient floor water drains shall be provided throughout the lockup to prevent water from standing on the floors.

6VAC15-81-1420. Monitoring.

A. Lockups shall be designed to facilitate monitoring by direct visual observation with backup by CCTV.

B. Consideration shall be given to appropriate traffic patterns; groups of functions; facilitating ease of movement to, from, and within functions; clear sightlines to eliminate blind spots; efficiency and economy of staffing; PREA; and facilitating a smooth, logical, and orderly sequence of operation.

6VAC15-81-1430. Fixtures for inmates.

Each cell shall be provided with a stainless steel combination toilet and lavatory with hot and cold running water with an integral drinking fountain.

6VAC15-81-1440. Cell furnishings.

Each cell shall be equipped with a stationary steel or concrete wall bunk or bench.

6VAC15-81-1450. Secure space.

Secure space shall be provided for inmate records, logs, and storage and inventory of inmate property.

6VAC15-81-1460. Telephones.

Telephones shall be available for use by inmates in the admissions area.

6VAC15-81-1470. Visiting space.

Space for confidential attorney visiting shall be provided.

6VAC15-81-1480. Construction requirements.

All components of cells, sally ports, and the room or space containing the cells shall meet the requirements for maximum security construction in this chapter unless otherwise specified in this part.

VA.R. Doc. No. R16-4552; Filed January 5, 2018, 3:48 p.m.
TITLE 11. GAMING
CHARITABLE GAMING BOARD
Final Regulation

Title of Regulation: 11VAC15-40. Charitable Gaming Regulations (amending 11VAC15-40-300).

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Effective Date: March 8, 2018.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

Summary:

The amendment increases the number of electronic pull-tab devices used in private social quarters to nine devices.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Article 4
Electronic Pull-tab Devices

11VAC15-40-300. Electronic pull-tab device general requirements.

A. Each electronic pull-tab device shall bear a seal approved by the commissioner and affixed by the department.

B. An electronic pull-tab device shall not be capable of being used for the purposes of engaging in any game prohibited by the department.

C. In addition to a video monitor or touch screen, each electronic pull-tab device may have one or more of the following: a bill acceptor, printer, and electromechanical buttons for activating the game and providing player input, including a means for the player to make selections and choices in games.

D. For each electronic pull-tab device, there shall be located anywhere within the distributed pull-tab system, nonvolatile memory or its equivalent. The memory shall be maintained in a secure location for the purpose of storing and preserving a set of critical data that has been error checked in accordance with the critical memory requirements of this regulation.

E. An electronic pull-tab device shall not have any switches, jumpers, wire posts, or other means of manipulation that could affect the operation or outcome of a game. The electronic pull-tab device may not have any functions or parameters adjustable through any separate video display or input codes except for the adjustment of features that are wholly cosmetic.

F. An electronic pull-tab device shall not have any of the following attributes: spinning or mechanical reels, pull handle, sounds or music solely intended to entice a player to play, flashing lights, tower light, top box, coin tray, ticket acceptance, hopper, coin acceptor, enhanced animation, cabinet or payglass artwork, or any other attribute identified by the department.

G. An electronic pull-tab device shall be robust enough to withstand forced illegal entry that would leave behind physical evidence of the attempted entry or such entry that causes an error code that is displayed and transmitted to the distributed pull-tab system. Any such entry attempt shall inhibit game play until cleared, and shall not affect the subsequent play or any other play, prize, or aspect of the game.

H. Except as provided in subsection I of this section, the number of electronic pull-tab devices, other than those electronic pull-tab devices that are handheld, present at any premises at which charitable gaming is conducted shall be limited to 10. Except as provided in subsection I of this section the number of handheld electronic pull-tab devices present at any premises at which charitable gaming is conducted shall be limited to 50. The department shall determine whether an electronic pull-tab device is handheld.

I. The number of electronic pull-tab devices used to facilitate the play of electronic pull-tabs sold, played, and redeemed at any premises pursuant to § 18.2-340.26:1 of the Code of Virginia shall be limited to five nine.

VA.R. Doc. No. R15-32; Filed January 9, 2018, 4:37 p.m.
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Proposed Regulation

Title of Regulation: 12VAC5-490. Virginia Radiation Protection Regulations: Fee Schedule (amending 12VAC5-490-10, 12VAC5-490-20, 12VAC5-490-40).

Statutory Authority: §§ 32.1-229 and 32.1-229.1 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: April 8, 2018.

Agency Contact: Steve Harrison, Director, Division of Radiological Health, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8151, FAX (804) 864-8155, or email steve.harrison@vdh.virginia.gov.

Basis: Section 32.1-229 of the Code of Virginia authorizes the State Board of Health to establish fee schedules, which shall not exceed comparable U.S. Nuclear Regulatory Commission (NRC) fees, for the licensure and inspection of radioactive materials.

Section 32.1-229.1 of the Code of Virginia requires the State Board of Health to establish fee schedules for registration of machines and for inspections of x-ray machines by Virginia Department of Health (VDH) personnel; however, no fee shall be charged for inspections initiated by VDH.

Section 32.1-229.2 of the Code of Virginia requires the State Board of Health to set inspection fees to minimize competition with the private sector and include all reasonable costs.

Section 32.1-232.1 of the Code of Virginia establishes a special trust fund for radioactive materials facility licensure and inspection fees.

Purpose: The proposed regulatory action addresses fees for two program areas, X-Ray Program (XRP) and Radioactive Materials Program (RMP), and is necessary to maintain program solvency and to provide services and adequate regulatory controls necessary to protect public and worker health and safety and accommodate the elimination of general fund support for the programs and the subsequent spend down of surplus fee revenue since 2015. With one exception, fees for these programs have not increased since 2009 when x-ray fees were adjusted and the RMP was established along with commensurate fees necessary for program operations. At that time, fees were sufficient to cover program and ancillary business expenditures since the fees were supplemented by general funds that were allocated to the Office of Radiological Health (ORH). In fact, the fees generated a surplus. As a result, a 20% decrease in RMP fees went into effect in 2012 due to the overage, the anticipated continuation of general funds, and a petition for small business relief. On July 7, 2017, a change in nonmedical x-ray device registration and inspection fees was adopted. This regulatory action was initiated in early 2015, prior to the loss of general fund support, to help offset the cost of administrative activities involved in the registration, inspection, and certification of nonmedical x-ray equipment, which had not been assessed a registration fee prior to that time.

General funds that were used to support ORH were abolished effective July 1, 2016. The 2015 general fund amount, having been reduced from about $466,000 to $361,000 over several years, constituted 19.3% of ORH's then budgeted resources (revenues) of $1,871,476 and 13.4% of ORH's budgeted expenditures of about $2,700,000. Since that time, the surplus has been used to balance the budget but is projected to be depleted in 2018.

The proposed fee increases were derived based on Office of Financial Management (OFM) revenue and expenditure projections through the year 2021 that have been deemed necessary to maintain the program's solvency, as follows:

Program

2017 Revenue

2021 Expenditure Forecast

X-ray

$713,000

$1,064,729

Radioactive Materials

$750,000

$1,248,278

X-ray Program:

The XRP is responsible for the registration and inspection of x-ray producing devices in the Commonwealth, in which there are approximately 7,000 registrants with approximately 22,300 x-ray tubes. The XRP also does the U.S. Food and Drug Administration (FDA) Mammography Quality Standards Act (MQSA) facility inspections; performs inspection reviews, correspondence, enforcement and other associated activities; employs staff that maintain specialized training and certifications necessary to conduct XRP activities; reviews the academic and occupational credentials of and certifies private inspectors authorized to conduct business in the Commonwealth and reviews their inspection reports for accuracy; and responds to incidents and emergencies requiring radiological technical expertise and dose characterization. Staff members are emergency response trained, maintain training to perform exposure assessment, and participate in radiological drills and exercises with federal, state, and local stakeholders and responders.

Current XRP staffing includes six compliance/safety officers and supervisory and office services personnel who perform registrations, certifications, and billing; process and track payments; and provide client contact services. This staff complement, according to the Conference of Radiation Control Program Directors (CRCPD), is performing the workload of a minimum of eight XRP full-time employees for an equivalent program (CRCPD, Criteria for and Adequate Radiation Control Program, Appendix C, May 2014).

The proposed regulatory action will address two sets of fees levied by the XRP: x-ray machine registration fees and x-ray machine inspection fees. With respect to the x-ray machine registration fees, the existing regulation is proposed to be amended due to the increased costs of maintaining a registration program for x-ray producing devices since publication of the overall fee schedule effective March 4, 2009.

The registration fees need to be adjusted to reflect the elimination of general funds. The x-ray machine inspection fees also need to be modified to accommodate increased personnel, overhead, and travel costs to the agency since 2009, which are projected to continue to increase in the coming years. Virginia's current and proposed x-ray registration fees, in comparison to those charged by other nearby states, appears below.

 

X-ray Facility

Virginia Current Registration

Virginia Proposed Registration Fee

Virginia Current Inspection Fee

Virginia Proposed Inspection Fee

Virginia Frequency

Chiropractors

$50

$100

$230

$250

Annual

Dentists

$50

$100

$90

$100

3 year

Medical Offices

$50

$100

$230

$250

Annual

Hospitals

$50

$100

Private Inspectors Only

Private Inspectors Only

Annual

Veterinary Offices

$50

$100

$160

$175

3 year

Podiatric Offices

$50

$100

$90

$125

3 year

Therapy < 0.9 MeV

$50

$100

Private Inspectors Only

Private Inspectors Only

Annual

Therapy > 0.9 MeV

$50

$100

Private Inspectors Only

Private Inspectors Only

Annual

Educational

$50

$100

Instrument Dependent

Instrument Dependent

Annual

Government (Academic)

$50

$100

Instrument Dependent

Instrument Dependent

Annual

Baggage

$20

$40

100

100

5 year

Cabinet/Analytical

$25

$50

150

150

3 year

Industrial

$50

$100

200

200

Annual

Bone Density

$50

$100

$90

90

3 year

 

X-ray Facility

Tennessee*

Tennessee Frequency

Maryland*

Maryland Frequency

North Carolina* (Initial + $24 to $50/tube)

North Carolina Frequency

Chiropractors

$195

2 years

$222

2 years (Private)

$180

3 year

Dentists

$85

4 years

$80

3 years (State)

$180

5 year

Medical Offices

$286

Annual

$222

2 years (Private)

$180

3 year

Hospitals

$286

Annual

$222

2 years (Private)

$390

3 year

Veterinary Offices

$195

2 years

$222

2 years (State)

$130

4 year

Podiatric Offices

$195

2 years

$222

2 years (Private)

$180

3 year

Therapy < 0.9 MeV

$390

Annual

$882

Annual (Private)

$400

3 year

Therapy > 0.9 MeV

$2,600

Annual

$882

Annual (Private)

$400

3 year

Educational

$780

2 years

$222

3 years (Private)

$130

4 year

Government (Academic)

$780

2 years

$222

3 years (Private)

$130

4 year

Baggage/Cabinet/

Industrial

$780

2 years

$222

3 Years (Private)

$180

3 year

Bone Density

$195

2 years

$222

2 years (Private)

$180

3 year

*Inspection fees included in registration fee, where conducted by state inspectors.

Radioactive Materials Program:

Virginia entered into an agreement with the NRC on March 31, 2009, to assume the responsibilities of regulating the use of radioactive materials in Virginia. 12VAC5-490 was promulgated at that time to supply the monetary means for supporting the RMP by charging application and annual licensing fees.

The RMP is tasked with performing detailed technical reviews of license applications submitted for possession, use, manufacture, and distribution of radioactive materials, as well as any other associated activities requiring licensing by regulations (e.g., decontamination services) prior to approval for possession or operation. Contacts with applicants during the review process are documented through review letters and memoranda. For major operations, facilities subject to increased controls or applicants with no previous history with the RMP, prelicensing visits to examine facilities and equipment may be in order. Procedures are in place to promote thoroughness, technical quality, and uniformity. The RMP requires license amendments for any significant change in authorized radioactive materials, uses, and operations, and an amendment review is equivalent to the license application review. A complete technical review and reauthorization of active licenses comparable to the original licensing process are also conducted at a frequency based on the type of facility, materials, or activities authorized. The program requires the registration of certain devices containing a large quantity of or otherwise hazardous sealed sources of radioactive material that are generally licensed under its regulations and also requires evidence of financial assurance or surety for large quantity licensees with substantial potential for contamination of facilities, equipment, and the environment or that possess large quantities of radioactive material requiring disposal. Inspections are conducted to evaluate compliance with regulatory standards, and inspection reports are generated that follow a uniform format and allow for timely (no later than 30 days after inspection) communication of results to the licensee. These reports summarize the inspection scope, include measurement data with appropriate interpretation, clearly list and categorize as to the severity each item of noncompliance, set a reasonable date for correction of each item, and require a plan for corrective action that includes submission of evidence that corrections have been performed and are effective.

The RMP licenses and inspects approximately 400 specific licensees. The RMP also tracks over 2,900 general licensees that possess over 34,000 general licensed devices; however, general licensees are not subject to inspection. RMP staffing consists of one supervisor who conducts inspections, five program support inspectors, and two administrative program specialists. These personnel maintain the RMP's databases on licensure and inspections; prepare and distribute statistical and informational reports, including monthly reports on the number of inspections (due, past due, and conducted), license applications, amendments, license actions overdue, violations, denials, etc.; receive and process the daily mail, including license applications, amendments, and renewals, inspection letters, and licensing fees; mail out licensing bills, inspection letters, renewal applications, and general information to licensees; contact licensees by telephone regarding licensing fees and renewals; and maintain the licensing file system, including file numbers, licenses, inspection reports, billing notices, and other materials.

According to the CRCPD, RMP professional and technical personnel requirements should consist of eight to 12 inspectors plus management and administrative support (CRCPD, Criteria for and Adequate Radiation Control Program, Appendix C, May 2014).

This proposed regulatory action seeks to continue to assess RMP fees equitably across all license categories by using the fee structure adopted in 2009 upon Virginia's becoming an agreement state, while also incorporating the regulatory changes adopted on November 22, 2012, to accommodate small business relief. Using this approach, revenue generation is estimated to be about $1,248,500, which will approximate OFM's projected expenditures of about $1,248,300. It is also important to note that this proposal does not suggest establishing an hourly rate for initial license application and amendment reviews as does the NRC, which is currently $263 per hour for such reviews. A comparison of the NRC's existing fees to VDH's proposed fees, as well as a sampling of other agreement state fees, appears below:

Cat

Specific License Type

NRC FY17 Fee*

VDH Proposed Fee

PA Fee**

TN Fee

KY Fee

NC Fee

1

Special Nuclear Material

 

 

 

 

 

 

A.

Possession and use of SNM in sealed sources contained in devices used in measuring systems

$8,000

$1,700

$3,150

 

 

 

B.

SNM to be used as calibration and reference sources

$3,000

$900

$8,700

 

 

 

C.

SNM - all other, except license authorizing special nuclear material in unsealed form that would constitute a critic