Title of Regulation: 6VAC15-28. Regulations for Public/Private Joint Venture Work Programs Operated in a State Correctional Facility (amending 6VAC15-28-10, 6VAC15-28-30, 6VAC15-28-40).

Statutory Authority: §§ 53.1-5 and 53.1-45.1 of the Code of Virginia.

Effective Date: March 16, 2011.

Agency Contact: Janice Dow, Policy and Initiatives Unit Manager, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23261, telephone (804) 674-3303 ext: 1128, FAX (804) 674-3017, or email janice.dow@vadoc.virginia.gov.

Summary:

This regulation governs the form and review process for proposed agreements between the Director of the Department of Corrections (DOC) and a public or private entity to operate a work program in a state correctional facility. These regulations have been in place in their current form since 1995. Since that time there have been several changes to the Code of Virginia related to "work programs and agreements with other entities." The amendments affect internal operational practices for the review of proposed agreements between the DOC and public or private entities. The changes delete the requirement for an appointed committee to approve any contractual documents implementing an agreement prior to forwarding it to the Office of the Attorney General to ensure compliance with state statutes and to the Governor. There is no change to the criteria listed in 6VAC15-28-40; all current criteria shall continue to be met before the director approves a proposed agreement.

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

Part I
General Provisions

6VAC15-28-10. Definitions.

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

"Agreement" means a legal arrangement between the Director of the Department of Corrections and a public or private entity to operate a work program in a state correctional facility for prisoners confined in it.

"Board" means the Board of Corrections.

"Committee" means the group appointed by the governor which reviews any proposed agreement between the Director of the Department of Corrections and a public or private entity to operate a work program in a state correctional facility for prisoners confined tn it. The committee consists of representatives from an employee association or organization, the business community, a chamber of commerce, an industry association, the Office of the Secretary of Commerce and Trade, and the Office of the Secretary of Public Safety.

"Department" means the Department of Corrections.

"Director" means the Director of the Department of Corrections.

"Prevailing wage" means a rate which is not less than that paid for work of a similar nature in the locality in which the work is to be performed.

Part II
Review Process

6VAC15-28-30. Review process.

A. Any proposed agreement between the department and the public or private entity shall consist of a Proposed Joint Venture Application Form which shall be completed by the public or private entity. The completed application form shall be submitted directly to the department, which shall then forward the application to the appropriate organizational unit for initial research and evaluation of the proposed agreement. This initial research and evaluation shall be completed in a timely manner, not to exceed 30 calendar days from the receipt of the completed application from the public or private entity.

B. The department shall submit the proposed agreement with a submission package to the board. The submission package shall include, at a minimum:

1. A prospectus of the public or private entity.

2. A description of the size and scope of the proposed operation.

3. An assessment of the project's financial viability.

4. A recommendation for entering or not entering into the proposed agreement.

5. Draft formal agreement papers, if the department recommends entering into the agreement.

C. The board shall review the proposed agreement and submission package and submit the package to the committee director with a recommendation for entering or not entering into the agreement.

D. The committee director shall evaluate the proposed agreement according to the criteria listed under 6VAC15-28-40.

E. Upon approval by the committee director, any contractual documents implementing the agreement shall be forwarded to the Office of the Attorney General to ensure compliance with state statutes.

F. Upon the assurance of the The Office of the Attorney General will assure that the agreement is in compliance with state statutes, the. The governor shall review the agreement.

G. Upon the governor's authorization, the director and the public or private entity may sign the agreement.

Part III
Criteria

6VAC15-28-40. Criteria.

A. The committee director shall review the provisions of any proposed agreement according to the following criteria:

1. The proposed agreement shall provide adequate job skills to inmate participants. Any proposed agreement which requires relatively unskilled labor may be acceptable providing the work project establishes good work habits.

2. The public or private entity shall be environmentally sound, with appropriate certification, as required by applicable state and federal regulations.

3. The public or private entity shall provide prevailing or minimum wage, whichever is applicable.

4. The public or private entity shall provide Equal Employment Opportunity for all inmates involved in the proposed agreement.

5. The proposed agreement shall demonstrate financial viability.

a. If the department acts as a subcontractor in the proposed agreement, the proposed agreement shall be evaluated by its capability both to meet the required goods or services as well as to provide an acceptable rate of return to the department.

b. If the department acts as a supplier of labor in the proposed agreement, the proposed agreement shall be evaluated upon its capability to provide a gross margin both to cover the expenses of the department as well as to generate a sufficient return on investment to the department.

6. The proposed agreement shall not displace civilian workers.

7. Any rent paid to the department for space occupied by the participating public or private entity shall be at a reasonable rate.

8. The product produced by the proposed agreement may be sold on the open market.

9. The proposed agreement shall meet any provisions listed in §§ 53.1-41 through 53.1-62 of the Code of Virginia pertaining to "Employment and Training of Prisoners."

B. All criteria listed in 6VAC15-28-40 A shall be met before the committee director approves a proposed agreement.

FORMS (6VAC15-28) (Repealed.)

Proposed Joint Venture Application Form.