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.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: August 11, 2017.

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

Basis: Sections 53.1-5, 53.1-80, 53.1-81, and 53.1-82 of the Code of Virginia authorize the Board of Corrections prescribe standards for the planning, design, construction, and reimbursement of local correctional facilities.

Purpose: Current 6VAC15-80 was originally issued in 1994, and since issuance there have been significant changes in the Code of Virginia, building and fire codes, and audit standards for the construction of local correctional facilities. Technological advances allow for changes in facility staff and management that impact the facility physical plant. Updating this chapter provides for improved facilities that preserve the health and enhance the safety of staff and inmates while ensuring that public funds are spent wisely to build safe, secure, and durable jail facilities.

Substance: The proposed regulation includes provisions that:

1. Limit value management analyses (VMA) that must currently be done for all building and renovation projects to only those projects that cost $10 million or more.

2. Require that armories in correctional facilities have exhaust systems.

3. Modify current requirements for prisoner intake areas.

4. Change the percentage of beds that must be dedicated to each security level.  

5. Add exceptions to climate control requirements so that warehouses, industrial spaces, and mechanical and electrical spaces will not have to be heated and air conditioned.

6. Change requirements for special purpose cells, such as isolation, medical, and segregation cells, so that localities can build 20% of these cells at a less than maximum security level (current standards allow 10% lower security cells). These changes will also allow localities to install flushing floor drains instead of toilets in cells designed for violent or self-destructive prisoners and build cuff slots in doors for enclosed showers in special purpose housing units.

7. Change recreational space requirements so that facilities must only have 10 square feet of recreational space for each inmate for a facility designed to accommodate up to 480 inmates rather than up to the currently required 500 inmate capacity.

8. Reduce the number of noncontact visiting spaces from one per every 12 inmates to one per every 20 inmates and allow up to 75% of noncontact visitation to be off-site (video) visitation.

9. Increase the minimum size of kitchen space from 10 square feet for each prisoner up to 100 prisoners of rated capacity and three square feet for each prisoner in the rated capacity over 100 to a minimum of 1,500 square feet and three additional square feet for each prisoner over 100 in the rated capacity. The board also proposes to require that facility kitchen areas include a staff dining or break room.

10. Require facilities with three or more stories to have at least two elevators with secure local control.

11. Require electronic sound monitoring systems that allow prisoners to notify staff of emergencies, intercoms at security doors, and video monitoring of blind spots in corridors, sally ports, building entrances, and building exteriors.

12. Require that there be at least one plumbing valve to shut off water supplies in each housing unit and additional shut-off valves for each special purpose and intake cell.

13. Require noise abatement material for housing, activity, and intake areas.

14. Prohibit magnetic locks as they are not secure during power outages and are generally less secure than other available alternatives.

15. Prohibit tank-type toilets.

Issues: The existing regulation is out of date and the promulgation of replacement chapter 6VAC15-81 is intended to update the current planning, design, construction, and reimbursement standards to comply with the Code of Virginia, current fire and building codes, audit standards, and current correctional practice. This regulation will improve public safety and provide for a safe environment for staff and offenders. Building a new jail facility is a rare opportunity in the career of local authorities; this chapter incorporates the experience from many projects to serve as an informative guide to make best use of public resources to build safe, secure, and durable facilities.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Corrections (Board) proposes to repeal its regulation that sets standards for constructing local correctional facilities and replace it with a regulation that updates standards to reflect changes in the Code of Virginia, uniform statewide building and fire codes and best building practices for correctional facilities.

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

Estimated Economic Impact. The current regulation governing construction standards of local correctional facilities was promulgated in 1994 and modified in 2009. Since that time, there have been many changes to the Code of Virginia (COV), the uniform statewide building code (USBC) and fire code regulations and to best practice standards for correctional facilities. In order to bring this regulation into conformity with existing requirements in law and in other regulations, the Board now proposes to repeal the current regulation and replace it with a new regulation.

Many of the changes that the Board proposes for the new regulation do not change current building requirements as those requirements are set by either the COV or the USBC and fire code regulations. For instance, Americans with Disabilities Act (ADA) requirements for new construction and renovation of existing buildings are set in the USBC. The Board proposes to harmonize their construction standards with the USBC by providing for ADA accessible cells. Changes such as these that harmonize this regulation with other existing legal requirements will likely not cause any entities to incur any additional costs. Affected entities will benefit from these changes as they remove or change language that conflicts with current law and, therefore, might lead to confusion.

Many other changes that are proposed by the Board are meant to clarify regulatory requirements that may have been incomplete or confusing. For instance, current regulatory language that governs libraries services were written in 1994 and anticipates that such services would include a mobile book cart. Technological changes that allow prisoners to choose from all available books in a facility (rather than just being able to choose from the number of books that would fit on a cart) have made mobile book carts obsolete. The Board now proposes to replace language referencing mobile book carts with language that requires "alternative library services" for prisoners who cannot access a facility's library. Changes like this that are designed to update and clarify requirements will likely not cause any entity to incur costs. These changes will benefit interested parties as they make the regulation easier to understand.

The Board also proposes numerous substantive changes for the replacement regulation they are promulgating. Specifically, the Board proposes to:

1. Limit value management analyses (VMA)¹ that must currently be done for all building and renovation projects to only those projects that cost $10 million or more. The Board proposes this change because it has concluded that projects smaller than $10 million are unlikely to save enough money on account of the VMA to justify the cost. Board staff estimates that this change will save localities completing smaller projects between $50,000 and $100,000 because they will not have to pay for a VMA.

2. Require that armories in correctional facilities have exhaust systems. Board staff reports that the typical cost for an exhaust system to be installed in an armory is approximately $1,000. The costs for this change are likely outweighed by the benefit of increased safety that will accrue to correctional facility staff because the exhaust system will vent out any leaking or accidentally dispersed chemical agents (mainly, tear gas).

3. Modify current requirements for prisoner intake areas. Currently, facilities must have one intake bed for every 10 beds of rated prisoner capacity. The Board proposes to keep this ratio for the first 400 bed of design capacity but allow facilities with a rated capacity of greater than 400 beds to only have one intake bed for every 40 beds of rated capacity over the first 400 beds. This change will likely decrease the costs of building or renovating larger facilities although Board staff does not have an estimate for the magnitude of those cost savings.

4. Change the percentage of beds that must be dedicated to each security level. Currently, facilities are required to be 20% maximum security, 40% medium security and 40% minimum security. The Board proposes to change these ratios so that facilities are 30% maximum security, 40% medium security and 30% minimum security. Board staff reports that requiring more maximum security beds, which have larger cells than other security levels, will increase construction costs but that those costs will be partially or completely offset by another proposed change that allows slightly smaller medium security cells. This change will benefit localities as it allows them to house prisoners in more appropriate (and therefore safer) cells.

5. Add exceptions to climate control requirements so that warehouses, industrial spaces and mechanical and electrical spaces will not have to be heated and air conditioned. These exceptions will allow localities that are building or renovating correctional facilities some cost savings because they will not have to build these areas so that they are heated and cooled and will also not have to incur additional ongoing energy costs for heating and cooling these areas.

6. Change requirements for special purpose cells (isolation, medical and segregation cells) so that localities can build 20% of these cells at a less than maximum security level (current standards allow 10% lower security cells). These changes will also allow localities to install flushing floor drains instead of toilets in cells designed for violent or self-destructive prisoners and build cuff slots in doors for enclosed showers in special purpose housing units. Board staff reports that increasing the percentage of lower security special purpose cells will save localities some building costs. Other changes to special purpose cell requirements are expected to increase both prisoner and staff security.

7. Change recreational space requirements so that facilities must only have 10 square feet of recreational space for each inmate for which the facility is designed up to 480 inmates rather than up to the currently required 500 inmate capacity. Localities that are building or renovating larger facilities will likely see some costs saving from having to build and secure 200 fewer square feet of recreational area.

8. Reduce the number of non-contact visiting spaces (from one per every 12 inmates to one per every 20 inmates) and allow up to 75% of non-contact visitation to be off-site (video) visitation. Board staff reports that the costs of installing and maintaining video equipment will be more than offset by lower staff costs associated with not having to process visitors so that they do not bring in contraband and not having additional guards for contact visits. Changing visitation in this way may also increase staff and inmate security by reducing incidences of potentially dangerous contraband making its way into facilities.

9. Increase the minimum size of kitchen space from a minimum of 10 square feet for each prisoner up to 100 prisoners of rated capacity and three square feet for each prisoner in the rated capacity over 100 to a minimum of 1,500 square feet and three additional square feet for each prisoner over 100 in the rated capacity. The Board also proposes to require that facility kitchen areas include a staff dining or break room. Board staff reports that these changes will increase building costs but the additional kitchen area will allow facilities to better accommodate the multiple menus now required to meet religious, allergy and therapeutic dietary needs. Additionally, having a staff dining or break room will allow localities to better accommodate staff who are not allowed for safety reasons to eat at their workstations.

10. Require facilities with three or more stories to have at least two elevators with secure local control. Board staff reports that this will slightly increase construction/renovation costs for larger facilities but will also provide the benefit of greater operational flexibility and security.

11. Require electronic sound monitoring systems that allow prisoners to notify staff of emergencies, intercoms at security doors and video monitoring of blind spots in corridors, sallyports,² building entrances and building exteriors. Board staff reports that these requirements will increase cost but will allow these facilities to comply with the federal Prison Rape Elimination Act and will increase safety for both prisoners and staff.

12. Require that there be at least one plumbing valve to shut off water supplies in each housing unit and additional shut off valves for each special purpose and intake cell. Board staff reports that these changes will increase costs but will also facilitate contraband recovery and reduce nuisance flooding. These changes will also allow staff to limit the areas affected by necessary water cut offs which will reduce prisoner unrest that has the potential to put staff at risk.

13. Require noise abatement material for housing, activity and intake areas. Board staff reports that localities will have control over the type and quality of noise abatement material so the magnitude of costs will vary greatly from project to project. Staff also reports that this change is aimed at increasing security and decreasing the stress that noisy, echoing spaces can cause for both staff and prisoners.

14. Prohibit magnetic locks as they are not secure during power outages and are generally less secure than other available alternatives. Board staff reports that this change is not expected to increase costs for localities.

15. Finally, the Board proposes to prohibit tank-type toilets. Board staff reports that there is a negligible difference between the cost of tank-type toilets and the cost of tankless toilets but that the lids and various rods and levers inside tank-type toilets can be used as weapons. Banning this type of toilet will likely increase staff and prisoner safety.

Although Board staff did not have costs estimates for most of the substantive changes to this regulation, the benefits in increased safety and efficiency for facilities are large enough that they likely exceed those unquantified costs.

Businesses and Entities Affected. These proposed regulatory changes will affect localities that build or renovate local correctional facilities either separately or as part of a regional building effort. Currently, there are 75 local correctional facilities in the Commonwealth.

Localities Particularly Affected. Localities that build or renovate local correctional facilities will be affected by these proposed regulatory changes.

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. Some of these proposed regulatory changes are likely to increase real estate development costs for building local correctional facilities and some of these proposed regulatory changes are likely to decrease real estate development costs for building local correctional facilities.

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 will be adversely affected by these proposed regulatory changes.

Alternative Method that Minimizes Adverse Impact. No small businesses will be adversely affected by these proposed regulatory changes.

Adverse Impacts:

Businesses. No businesses will be adversely affected by these proposed regulatory changes.

Localities. Localities in the Commonwealth may see some cost increases for building or renovating local correctional facilities. Any cost increases must be weighed against expected long term cost savings that may occur as well as anticipated benefits in greater efficiency and enhanced prisoner and staff safety.

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

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¹ Value management analyses are studies done of proposed facility design for the purposes of ensuring that the design satisfies functionality requirements and is cost-effective. Such analyses also seek to ensure quality and efficiency for the project.

² A sallyport is a secure vestibule constructed of secure walls, a secure ceiling, and secure floor with two or more interlocking secure doors.

Agency's Response to Economic Impact Analysis: The Department of Corrections concurs with the economic impact analysis prepared by the Virginia Department of Planning and Budget.

Summary:

The proposed 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 proposed 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.

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

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 the Americans with Disabilities Act (42 USC § 12101 et seq.).

"ADP" means average daily population.

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

"Analysis" means a detailed examination of the local or regional criminal justice system and its elements in order to determine the impact these elements have had on the need for current and future jail space.

"Approved" means an item approved by the reviewing authority.

"Artificial light" means light other than natural light.

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

"Board" means the Virginia State Board of Corrections.

"Building code" means Virginia Uniform Statewide Building 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 or electronic surveillance system.

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

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

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

"Central intake unit" means an area constructed to provide, at a minimum, space for intake, temporary holding, booking, court and juvenile (if approved for juveniles) holding, classification, and release functions.

"Classification unit" means a cell or unit utilized for short-term holding of inmates for classification purposes after intake or booking and prior to being assigned to general population or other housing.

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

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

"Construction completion" means the construction of the building is considered complete when a certificate of occupancy or temporary certificate of occupancy is issued for the building to be occupied by inmates.

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

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

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

"Control station" means a space not enclosed by security walls, roof or ceiling, and floor from which a jail officer may supervise inmates and control security systems in a portion of the jail, such as locks, doors, etc.

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

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

"Department" means the Department of Corrections.

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

"Direct supervision" means a specific style of management where correctional officers are stationed fulltime inside the dayroom rather than solely observing inmate activity from within secure control points. Within this concept, services are generally brought to the inmate rather than taking the inmate to the service.

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

"Dormitory" means an area designed for accommodating five or more inmates and used to house minimum custody and community custody inmates.

"Encapsulation" means the same as "secure encapsulation."

"Expansion" means to add an area of new construction to an existing local correctional facility by constructing additional areas.

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

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

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

"Glazing" means any infill material, usually transparent or translucent glass, polycarbonate or combination thereof, and related components, used in a framed assembly.

"Holding" means a space or room designed for temporary containment of detainees or inmates while awaiting actions such as transfer, transportation, release, etc. Holding of this nature usually does not exceed four hours.

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

"IMC" means intermediate metal conduit.

"Indirect supervision" means supervision method other than direct supervision.

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

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

"Intake" means a cell, group of cells, and open seating within a jail designed to hold one or more persons while awaiting processing, booking, classification, or to the general housing units after booking. Intake holding time does not usually exceed 72 hours. Cells holding more than one person are frequently referred to as group holding.

"Interior partition" means a wall within the secure perimeter, which is not required to be a perimeter security wall or an interior security wall.

"Interior security walls" means walls within but not a part of a secure perimeter that are utilized to restrict movement within the secure area, including housing units, dormitories, corridors, inmate activity areas, intake area, kitchen, laundry, and program areas.

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

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

"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 the case of an emergency situation.

"Light" means the same as "artificial or natural light."

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

"Locality" means a county or city.

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

"Master control" means the principal secure room of the entire facility where the control of safety and security of the jail through electronic equipment for surveillance, communication, fire and smoke detection, and emergency functions. This room is enclosed by walls, roof or ceiling, floor assemblies meeting secure perimeter requirements as well as having opening protectives meeting ASTM Grade 1 requirements. This room includes control of the entrances to the jail through the 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 who cannot be allowed to mingle physically with other inmates without close supervision, normally because of assaultive and aggressive behavior or high escape risk.

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

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

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

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

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

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

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

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

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

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

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

"Per inmate" or "per bed" means for each general population bed.

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

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

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

"Project" means new construction, renovation, or expansion of a regional or local jail correctional facility. This includes planning, design, and construction.

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

"Regional jail" means, for purposes of state reimbursement for construction costs, those jails that meet the criteria set forth in §§ 53.1-81, 53.1-82 and 53.1-95.2 of the Code of Virginia, and jail having at least three member localities that was created before February 1, 1993, or any jail construction project recommended for approval by the Board of Corrections as a regional jail prior to February 1, 1993. For the purposes of this term, "created" means localities having submitted resolutions of local governing bodies or cooperative agreements, and "cooperative agreements" means a formal contract between those jurisdictions participating in a regional jail that specifies their mutual financial and legal obligations relating to the ownership, administration, and maintenance of the jail.

"Renovation" means the alteration or other modification of an existing local correctional facility or piece of equipment for the purpose of modernizing or changing the use or capability of such local correctional facility or equipment. Renovation does not include work on or repair or replacement of any part of an existing local correctional facility or equipment, which may be generally associated with normal wear and tear or included in routine maintenance. Renovation renders the facility, item, or area in compliance with this chapter and superior to the original.

"Repair" means the correction of deficiencies in a local correctional facility or of equipment, which have either been damaged or worn by use but which can be economically returned to service without replacement.

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

"Reviewing authority" means the representatives of the Department of Corrections or the Department of Criminal Justice Services responsible for reviewing required documents and attending required meetings and whose responsibility it is to interpret and determine compliance with this chapter.

"Sally port" means a secure vestibule constructed of secure walls, secure ceiling, and secure floor with two or more interlocking, secure doors. Fixtures within sally ports shall be maximum security.

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

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

"Secure encapsulation" means protect against vandalism or damage with concrete, masonry, steel, or other approved secure construction meeting the requirements of this chapter.

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

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

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

"Special purpose cells" means cells within the secure perimeter that include isolation, segregation, medical, protective custody, or other special use cells.

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

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

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

"Sustainable design and construction initiatives" means balancing economic, environmental, and equity considerations by reducing negative environmental impacts of site selection and development, optimizing the energy and water performance of the building and site, using environmentally sensitive building materials, and protecting the health and comfort of building occupants. Sustainable design and construction initiatives are benchmarked by third-party rating systems such as LEED or Green Globes or by documenting compliance with ASHRAE 189.1 or the International Green 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 required function, and cost effectiveness, while providing the best quality and efficiency for the project.

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

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

6VAC15-81-30. (Reserved.)

6VAC15-81-40. Expansions or renovations.

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

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

For localities with jail facilities having multiple facilities, compliance with this chapter shall be determined based on all facilities as a whole as well as the needs and functions of each individual facility.

6VAC15-81-60. Review and inspections.

Review of documents by the reviewing authority, fire official, local building official, and other officials or agencies shall be required. These reviews are performed at the preliminary and construction document stages. A final inspection shall be performed and documented in writing by all officials and agencies involved in the review process. The reviewing authority's review and inspections shall be limited to those areas within the scope of the project.

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

In the event of a conflict between this chapter and building codes or other standards, the most restrictive requirement shall apply.

6VAC15-81-80. Compliance.

A. The facility shall be designed and constructed in accordance with this chapter. It shall be the responsibility of every person who performs work regulated by this chapter, including those involved with planning, design, construction, renovation, or installation of a structure or equipment, to comply with this chapter. Review or inspection by the reviewing authority does not relieve the owners or their agents from the requirement to comply with this chapter.

B. Definitions in this chapter are a part of the requirements of this chapter.

C. Any agreement entered into by the owner to design or construct a local correctional facility shall include the requirement to comply with this chapter. This compliance shall be noted on the construction documents.

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 from the jail authority or board, city council or board of supervisors to the reviewing authority sufficiently in advance of the deadline for submission to the Board of Corrections to be reviewed, analyzed, and included in the desired Board of Corrections meeting agenda. The request for modification shall include a detailed analysis supported by documentation and historical data to justify the request.

B. A staff analysis shall be prepared by the reviewing authority for each modification request. The staff analysis shall include the section of this chapter being modified, an analysis to determine whether or not the modification meets the intent of the section being modified, an analysis of whether the modification has been granted in the past or has any ramifications that might affect current or future jail construction or security, and the analysis shall include a staff recommendation to the board.

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

Part II
Submission of a Community Based Corrections Plan

Article 1
General

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

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

B. All documents in this section shall be submitted to the department 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 electronic copy of the community based corrections plan, prepared in accordance with this article, shall be submitted to the Department of Corrections, Compliance, Certification, and Accreditation Unit. A needs assessment is not required for projects that do not increase bed capacity and for which the owner does not seek state reimbursement for construction, staffing, or operating cost.

2. Planning study. Three paper copies and one electronic copy of the planning study, prepared in accordance with this article, shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

3. Minor renovation project. Three paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit. A needs assessment is not required for minor renovation projects that do not increase capacity.

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

5. Resolution and cooperative service agreement. Two paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

An executed cooperative service agreement, where applicable, and resolution shall be submitted to the reviewing authority prior to board consideration of the project. The owner shall submit the following to the Department of Corrections, Compliance, Certification, and Accreditation Unit:

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

b. Multijurisdictional facility not qualifying for regional jail status reimbursement pursuant to § 53.1-81 of the Code of Virginia. A joint resolution of or individual resolutions from the local governing bodies requesting reimbursement funding.

c. Regional jail board or jail authority facility. Pursuant to § 53.1-81, a joint resolution of or individual resolutions from the governing bodies of the established regional jail board or a resolution from the regional jail authority requesting reimbursement funding and a cooperative service agreement detailing the financial and operational responsibilities of the 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 to the Treasury Board in accordance with its requirements.

7. The reviewing authority shall verify documentation has been received by required deadlines and are correct, and advise the locality of any errors or discrepancies in their submittal.

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 that results in a net increase of available beds shall prepare and submit for approval a community based corrections plan.

6VAC15-81-120. Local responsibility for community based corrections plan.

A. The community based corrections plan shall be developed by 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 component of the community based corrections plan.

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

1. Where a multijurisdictional CCJB, established in accordance with the provisions of § 9.1-178 of the Code of Virginia, has membership of the governing bodies of jurisdictions not involved in the construction, expansion, or renovation of the regional jail project, a subcommittee shall be established comprised of the required members of the CCJB representing the participating jurisdictions and their governing bodies.

2. In those projects in which more than one locality is involved and each locality has a separate CCJB or the localities are members of different multijurisdictional CCJBs, a subcommittee shall be established comprised of the required members of the CCJB representing the participating jurisdictions 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 rated capacity by more than 24 beds or more than 40% of rated capacity, whichever is less 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 needs assessment portion of the community based corrections plan shall be based on how the locality is managing its current inmate population through utilization of other local correctional facilities and community based alternative programs and services. Localities requesting reimbursement for new single jurisdiction jail or regional jail construction must comply with current appropriation act language.

Article 2
Contents of the Community Based Corrections Plan

6VAC15-81-150. Needs assessment.

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

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

6VAC15-81-160. Funding priority.

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

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

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

B. In order to evaluate the impact of the various criminal justice components on the jail population, the following data shall be provided for each locality participating in the needs assessment for the most recent five calendar years.

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

2. A table and an analysis of annual trends fort total adult arrests currently defined as "On View," "Taken into Custody," and "Summonses" and a comparison of these totals to those presented in subdivision 1 of this subsection. This data is available from the Research Unit of the Virginia Department of Criminal Justice Services.

3. A table and an analysis of annual trends for process data from the Supreme Court of Virginia from the Magistrate Information System including 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 responsible person 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 responsible person or when accused is no longer intoxicated.

(3) Release orders.

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

a. Total new "Pretrial Monthly Commitments" by month and by felony, and misdemeanor or ordinance violators for those awaiting trial. This report is available on the State Compensation Board website under "LIDS, the Forms Maintenance Menu" for individual jails or from any local pretrial services agency that currently serves the jail or jails in question.

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 this subsection.

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

(1) 19 – To bond.

(2) 49 – To pretrial service program.

d. Report of the total annual commitments "Serving Sentence" 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 this subsection, report the number released for the following LIDS "Release Reason":

(1) 16 - Time served.

(2) 33 - To Department of Corrections.

(3) 39 - Sentence served.

5. A table and an analysis of total average monthly adult ADP for the most recent 60 months by felony, misdemeanor, and ordinance violation categories for local responsible populations and for felony state responsible populations. Data is available from the State Compensation Board website under LIDS.

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

a. The "overflow" population being held in another 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, courtesy holds for other localities, and exchange agreements. This does not include prisoners held in accordance with regional jail service agreements or jointly operated facilities.

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

c. Localities currently without facilities can calculate the average daily population from total prisoner days reported for prisoners held for their locality by another jail or jails (use Federal Information Processing System Code in LIDS for specific locality or localities involved).

7. A table and an analysis of annual trends for total placements by felony and misdemeanor, where applicable, for the following services 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 (probation cases only).

(4) Drug courts.

b. For pretrial and local community based probation services, the average daily caseload under supervision based on total supervision days.

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

d. For all programs and services:

(1) The total annual placements, where applicable, for misdemeanors 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 of existing resources, including existing local correctional facilities, any lockups or other community based facilities that reduce the demand on jail space needs, and all pretrial and post-disposition alternatives, programs, and services.

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

1. The date of construction and dates of subsequent renovations or expansions;

2. The current rated capacity as established by the Department of Corrections;

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

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

Example table for subdivisions 3 and 4 of this subsection.