TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

STATE BOARD OF LOCAL AND REGIONAL JAILS

Fast-Track Regulation

Title of Regulation: 6VAC15-45. Regulations for Private Management and Operation of Prison Facilities (repealing 6VAC15-45-10 through 6VAC15-45-2130).

Statutory Authority: § 53.1-266 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 2, 2025.

Effective Date: July 17, 2025.

Agency Contact: Mary-Huffard Kegley, Policy Analyst, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 887-9589, FAX (804) 674-3587, or email mary-huffard.kegley@vadoc.virginia.gov.

Basis: Section 53.1-5 of the Code of Virginia authorizes the State Board of Local and Regional Jails to promulgate such regulations as may be necessary to carry out the provisions of Title 53.1 of the Code of Virginia.

Purpose: This action is necessary because the regulation is no longer under the board's authority. The repeal will benefit the public welfare by removing the confusion regarding the private management of prisons, which is not within the board's authority.

Rationale for Using Fast-Track Rulemaking Process: This action is noncontroversial and therefore appropriate for the fast-track rulemaking process because the regulation is no longer valid.

Substance: The amendments repeal Regulations for Private Management and Operation of Prison Facilities (6VAC15-45) in its entirety.

Issues: The primary advantages of this action to the Commonwealth and the public are clarification and reduction of unnecessary and burdensome regulatory requirements. The action also clarifies that the board does not have the authority to regulate the private management of prisons. There are no disadvantages to the public or the Commonwealth associated with this action.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Local and Regional Jails (board) proposes to repeal Regulations for Private Management and Operation of Prison Facilities (6VAC15-45).

Background. Chapter 759 of the 2020 Acts of Assembly² removed board authority to promulgate the regulation. The legislation gave the authority to the Director of the Department of Corrections (DOC). Regulations for Private Management and Operation of Prison Facilities are currently under development by DOC. According to DOC, there are currently no prison facilities under private management and operation.

Estimated Benefits and Costs. The legislation effectively made board regulation void. Consequently, repealing it would have no impact beyond reducing the likelihood that readers of regulations would believe that the requirements in the regulation were still in effect.

Businesses and Other Entities Affected. Because no prison facilities are under private management and operation, the proposed repeal only affects readers of regulations. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation. An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined. Since there is no increase in net cost nor reduction in net benefit for any entity, no adverse impact is indicated.

Small Businesses³ Affected.⁴ The proposed repeal of the regulation does not adversely affect small businesses.

Localities⁵ Affected.⁶ The proposed repeal neither disproportionately affects particular entities nor affects costs for local government.

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal neither affects the use and value of private property, nor affects real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0759.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁵ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁶ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Local and Regional Jails concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

Pursuant to Chapter 759 of the 2020 Acts of Assembly, the amendments repeal Regulations for Private Management and Operation of Prison Facilities (6VAC15-45), which is no longer under the authority of the State Board of Local and Regional Jails.