Title of Regulation: 6VAC15-40. Minimum Standards for Jails and Lockups (amending 6VAC15-40-770).

Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 26, 2018.

Effective Date: January 10, 2019.

Agency Contact: Emmanuel Fontenot, Compliance and Accreditation Manager, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 887-7923, or email emmanuel.fontenot@vadoc.virginia.gov.

Basis: Sections 53.1-5 and 53.1-68 of the Code of Virginia mandate that the Board of Corrections prescribe regulations to govern the administration and operation of local correctional facilities.

Purpose: The current regulation requires that feminine hygiene items (as defined by facility policy) be provided upon reasonable request to each female inmate assigned to the general population. The proposed change to this regulation will mandate that feminine hygiene items be provided at no charge to female inmates. The purpose of this revision to the regulation is to provide for the public health and welfare of female inmates incarcerated in local and regional jails by providing them tampons and sanitary napkins at no cost to the inmate.

Rationale for Using Fast-Track Rulemaking Process: The amendments are minor, noncontroversial changes to current regulatory requirements mandated by Chapter 815 of the 2018 Acts of Assembly.

Substance: This revision clearly mandates that jails and lockups provide feminine hygiene products to female inmates at no charge.

Issues: The primary advantage of this revision is that it ensures that feminine hygiene items are provided to all female inmates regardless of their financial situation at no cost to the inmate and with minimum financial impact to jails and lockups as this is the current general practice. There is no known disadvantage to the public, individual private citizens, or businesses and no significant disadvantage to the Commonwealth as most local and regional jails are already providing feminine hygiene products.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 815 of the 2018 Acts of Assembly, the Board of Corrections (Board) proposes to specify in regulation that jails and lockups must provide feminine hygiene products to female inmates without charge.

Result of Analysis. The benefits exceed the costs for all proposed changes.

Estimated Economic Impact. Chapter 815 of the 2018 Acts of Assembly states that "The State Board of Corrections shall adopt and implement a standard to ensure the provision of feminine hygiene products to female inmates without charge." The Board proposes to specify in this regulation that "Feminine hygiene items (as defined by facility policy) shall be provided upon reasonable request to each female inmate without charge." Since this requirement is already part of the Code of Virginia, adding it to the regulation would have no impact beyond improving clarity for readers of the regulation.

Businesses and Entities Affected. The proposed amendment affects jails and lockups in the Commonwealth.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendment does not affect employment.

Effects on the Use and Value of Private Property. The proposed amendment does not affect the use and value of private property.

Real Estate Development Costs. The proposed amendment does not affect real estate development costs.

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. The proposed amendment does not affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendment does not adversely affect businesses.

Localities. The proposed amendment does not adversely affect localities.

Other Entities. The proposed amendment does not adversely affect other entities.

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

Summary:

Pursuant to Chapter 815 of the the 2018 Acts of Assembly, the amendment requires that a facility provide feminine hygiene items without charge to each female inmate.

6VAC15-40-770. Provision of hygiene items.

The facility shall provide soap, a toothbrush, and toothpaste or toothpowder to each inmate upon admission to the general population. Feminine hygiene items (as defined by facility policy), including sanitary napkins and tampons, shall be provided upon reasonable request to each female inmate assigned to the general population without charge. Notwithstanding security considerations, shaving equipment, including a mirror, and haircuts shall be made available, and the hygiene needs of all inmates shall be met.