TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Final Regulation

Title of Regulation: 2VAC5-332. Rules and Regulations for the Enforcement of the Virginia Tree and Crop Pests Law - Box Tree Moth Quarantine (adding 2VAC5-332-10 through 2VAC5-332-130).

Statutory Authority: § 3.2-703 of the Code of Virginia.

Effective Date: March 11, 2026.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, fax (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.

Background: The box tree moth is an invasive pest that can significantly damage or kill boxwood species. Pursuant to § 3.2-703 of the Code of Virginia, the Commissioner of Agriculture and Consumer Services established a temporary Box Tree Moth Quarantine on December 3, 2025, in an effort to prevent the artificial spread of this pest and protect Virginia's agricultural and natural resources. The Board of Agriculture and Consumer Services held a public hearing on December 11, 2025, as required by § 3.2-703 of the Code of Virginia.

Summary:

The action (i) establishes the quarantined areas as the City of Winchester and the Counties of Clarke and Frederick; (ii) establishes regulated articles, which are articles that pose a risk for spreading the box tree moth and are subject to the provisions of the regulation; (iii) restricts the movement of articles that are capable of transporting the box tree moth to slow the rate at which the box tree moth spreads to areas of the Commonwealth currently not infested with box tree moth; (iv) requires a person moving a regulated article from a quarantined area in Virginia to have a permit issued by the Virginia Department of Agriculture and Consumer Services or a certificate issued in accordance with a compliance agreement; and (v) prohibits regulated articles from entry into the nonregulated areas of the Commonwealth unless a certificate or permit indicating that the article is free from the box tree moth has been issued.

Chapter 332

Rules and Regulations for the Enforcement of the Virginia Tree and Crop Pests Law - Box Tree Moth Quarantine

2VAC5-332-10. Declaration of quarantine.

A quarantine is hereby established to restrict the movement of certain articles capable of transporting the box tree moth from regulated areas to unregulated areas of the Commonwealth.

2VAC5-332-20. Purpose of quarantine.

The box tree moth is an introduced species that is known for ravenous feeding and defoliation of boxwood plants. Given its biology, multiple generations of box tree moth can occur during the growing season, and feeding damage is such that the boxwood plants cannot recover and succumb to the intensive feeding. The box tree moth has become established in portions of the Commonwealth and has the potential to spread to unregulated areas by natural means or through the movement of infested articles. The purpose of this quarantine is to prevent the artificial spread of the box tree moth to unregulated areas of the state by regulating the movement of those articles that pose a significant threat of transporting the box tree moth.

2VAC5-332-30. Definitions.

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

"Board" means the Virginia Board of Agriculture and Consumer Services.

"Box tree moth" means the live insect, in any life stage, known as the box tree moth, Cydalima perspectalis.

"Buxus spp." means boxwood plants of any species, regardless of cultivar or variety, with the genus name Buxus.

"Certificate" means a document issued by the department or another state's regulatory equivalent to a person operating in accordance with a compliance agreement to allow the movement of regulated articles from a regulated area to an unregulated area.

"Commissioner" means the Commissioner of the Virginia Department of Agriculture and Consumer Services.

"Compliance agreement" means a written agreement between a person engaged in growing, handling, receiving, or moving regulated articles and either (i) the department, (ii) the U.S. Department of Agriculture, or (iii) another state's regulatory equivalent wherein the person agrees to comply with inspection, disinfection, certification, or other requirements necessary to prevent the spread of box tree moth when moving regulated articles originating in a regulated area into an unregulated area of Virginia.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Infestation" means the presence of the box tree moth or the existence of signs or symptoms that make it reasonable to believe that the box tree moth is present.

"Inspector" means an employee of the department authorized by the commissioner to enforce the provisions of this quarantine.

"Moved," "move," or "movement" means shipped; offered for shipment; received for transportation; transported; carried; or allowed to be moved, shipped, transported, or carried.

"Permit" means a document issued or authorized by the commissioner or by another state's regulatory equivalent to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing.

"Person" means the term as defined in § 1-230 of the Code of Virginia.

"Regulated area" means a locality of Virginia or another state listed in 2VAC5-322-50.

"Tree and Crop Pests Law" means Chapter 7 (§ 3.2-700 et. seq.) of Title 3.2 of the Code of Virginia.

"Unregulated area" means a locality of Virginia or another state that has not been officially confirmed to have populations of the box tree moth and is not listed in 2VAC5-322-50.

2VAC5-332-40. Regulated articles.

The following articles are regulated under the provisions of this chapter:

1. Box tree moth, Cydalima perspectalis, in any living form;

2. The whole plant, plant parts, cuttings, or nursery stock of any living or dead Buxus spp. plant, including cut or fallen stems or branches, stumps, stems, roots, branches, leaves, or debris; and

3. Any other article, commodity, item, product, or means of conveyance that an inspector determines (i) presents a risk of spread of the box tree moth or (ii) is infested or susceptible to infestation of the box tree moth.

2VAC5-332-50. Regulated areas.

A. The following areas in Virginia are quarantined for box tree moth:

1. The entire Counties of:

Clarke; and

Frederick.

2. The entire City of:

Winchester.

B. Any area that is subject to a federal box tree moth quarantine, a box tree moth quarantine of another state, or state statute restricting the movement of box tree moth is considered a regulated area for the purposes of this chapter.

2VAC5-332-60. Conditions for the movement of regulated articles.

A. A person may move a regulated article without restriction solely within regulated areas of Virginia.

B. A person may move a regulated article without restriction from an unregulated area to a regulated area of Virginia.

C. A person may move a regulated article from an unregulated area through a regulated area, where the final destination is an unregulated area of Virginia, when:

1. The regulated article is accompanied by a waybill that sets forth the regulated article's point of origin and intended destination; and

2. The regulated article has moved directly through a regulated area without stopping, except for refueling or due to traffic conditions.

D. A person may move a regulated article from an unregulated area to an unregulated area and stop in a regulated area, if the regulated article (i) is safeguarded from infestation by tarping or enclosure and (ii) is not commingled with a regulated article from the regulated area.

E. A person may move a regulated article from a regulated area of Virginia into an unregulated area after obtaining:

1. A certificate issued by the department in accordance with a valid and active compliance agreement with the department; or

2. A permit issued by the department or the commissioner indicating that the regulated article has been inspected and is free from any living stage of the box tree moth and is free from evidence of box tree moth feeding.

F. A person may move a regulated article from a regulated area of another state into an unregulated area of Virginia after obtaining:

1. A certificate issued by (i) the U.S. Department of Agriculture or (ii) another state's regulatory equivalent in accordance with a valid and active compliance agreement with the issuing agency, including provisions related to inspection, disinfection, certification, or other requirements as the commissioner deems necessary to effectuate the purposes of this quarantine; or

2. A permit issued by (i) the U.S. Department of Agriculture or (ii) another state's regulatory equivalent.

2VAC5-332-70. Compliance agreements.

A. A person engaged in growing, handling, or moving a regulated article may request a compliance agreement with the department. The department may, in its sole discretion, issue or decline to issue a compliance agreement. Any person operating under a compliance agreement shall comply with the provisions of this chapter and any conditions imposed under the compliance agreement.

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Proposed Regulation

Titles of Regulations: 6VAC35-20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (amending 6VAC35-20-69).

6VAC35-30. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (amending 6VAC35-30-20, 6VAC35-30-35, 6VAC35-30-40, 6VAC35-30-45, 6VAC35-30-60, 6VAC35-30-70 through 6VAC35-30-110, 6VAC35-30-120 through 6VAC35-30-160, 6VAC35-30-180, 6VAC35-30-190; adding 6VAC35-30-15, 6VAC35-30-42, 6VAC35-30-115, 6VAC35-30-185; repealing 6VAC35-30-10, 6VAC35-30-65).

6VAC35-35. Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (adding 6VAC35-35-10 through 6VAC35-35-100).

6VAC35-101. Regulation Governing Juvenile Secure Detention Centers (amending 6VAC35-101-350).

Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: June 5, 2026.

Agency Contact: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, fax (804) 371-6497, or email kenneth.davis@djj.virginia.gov.

Basis: Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice to promulgate regulations concerning the Commonwealth's reimbursement to localities for one-half the cost of construction, enlargement, renovation, purchase, or rental of a detention home or other facilities, including establishing criteria for evaluating reimbursement requests and ensuring the geographically equitable distribution of state funds provided for such purpose. Section 16.1-309.9 of the Code of Virginia requires the board to approve minimum standards for the construction and equipment of detention homes or other facilities and authorizes the board to prohibit the placement of juveniles in places of residence that do not comply with these minimum standards. Section 66-10 of the Code of Virginia authorizes the board to promulgate regulations necessary to carry out the provisions of Title 66 of the Code of Virginia and other laws of the Commonwealth.

Purpose: This action is essential to the public welfare because it enhances efficiency for localities altering applicable juvenile facilities. By creating an expedited process for facility projects with no state funding, the action reduces the burden on existing local resources so that such resources can be better directed to the youth residing in these facilities.

Substance: The proposed amendments (i) add a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), to establish a process to address projects for which a locality is not seeking reimbursement from the Commonwealth; (ii) limit the application of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) to localities seeking reimbursement or seeking to preserve the option for reimbursement funding; (iii) add a three-year deadline for localities to execute a construction contract after the board approves the locality's planning study; (iv) update and clarify application and review procedures for reimbursement; (v) establish a process for localities pursuing state reimbursement for qualifying emergency maintenance projects; (vi) repeal the current funding formula for determining construction costs; (vii) update the final inspection process; (viii) remove language authorizing reimbursement for privately contracted projects; (ix) set out a process for reimbursements when the request exceeds the previously requested amount; and (x) make technical changes.

Issues: The primary advantage of this action to the public, the agency, and the Commonwealth is that it streamlines and clarifies the process for localities seeking to construct new juvenile residential facilities or modify existing facilities, regardless of whether the state reimburses the locality for the project, which will smooth the path for completion of the project to the benefit of the residents in these facilities and the staff responsible for their care. Eliminating the outdated, prescriptive funding formula on which localities seeking reimbursement base their estimated construction costs will allow the locality greater flexibility in determining construction costs. Allowing localities that forgo the reimbursement process to provide the Department of Juvenile Justice with a project overview, rather than the more detailed statement of need and planning study documents, and permitting the department to remain involved throughout various stages of the project will help ensure that the construction or modification is consistent with industry standards, thereby ensuring the safety of juveniles residing in such facilities. There are no disadvantages to the public, the agency, or the Commonwealth.

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. Pursuant to a 2019 periodic review,² the Board of Juvenile Justice (board) proposes to eliminate outdated provisions, and to simplify practices for all localities engaging in juvenile detention center and group home construction, renovation, or enlargement. The board also proposes to create a new regulation (6VAC35-35) to establish a process for localities to plan, design, and construct a juvenile detention facility in cases where they have no intention of seeking state reimbursement.

Background. 6VAC35-30 establishes the processes that must be followed when constructing, renovating, enlarging, or otherwise altering certain facilities. These facilities are locally operated and commission operated juvenile detention centers, and locally or regionally operated juvenile group homes and similar residential facilities that are regulated by the Department of Juvenile Justice (DJJ). Generally, the requirements pertain to prescreening, preliminary design, needs assessment, planning study, funding formula, Governor approval, construction contract, design change orders, monthly inspection and progress reports, and final inspection. Pursuant to the periodic review, the board proposes to eliminate outdated provisions and simplify practices for all localities engaging in such projects; the board also establishes a new regulation (6VAC35-35) to create a process for localities to use when planning, designing, and constructing a new facility in cases where they do not intend to seek reimbursement for such projects through any available mechanisms. This action also makes conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101). According to DJJ, although the statute requires the Commonwealth to reimburse localities for qualifying projects, the General Assembly has included language in the Appropriation Act since 2003 that prohibits the board from approving funds for state reimbursement of applicable construction, enlargement, or renovation costs for these facilities.³ In essence, 6VAC35-30 requires localities constructing or modifying eligible juvenile facilities to undergo an arduous process involving the completion of reports tied specifically to funding, despite the fact that reimbursement funding available through the mandated process has been frozen for many years, and most localities choose not to avail themselves of mechanisms for state funding. In summary, the board proposes to simplify the regulatory reimbursement process for localities that seek state funding (6VAC35-30); create a new chapter with a simpler process for localities that do not seek state funding (6VAC35-35); and make conforming changes to other related regulatory chapters (i.e., 6VAC35-20 and 6VAC35-101).

Estimated Benefits and Costs. One of the substantive changes the board proposes would eliminate the complex funding formula to calculate estimated construction costs. According to DJJ, eliminating the funding formula would ease the regulatory burden for localities and allow them to work with their architects and engineers to determine construction costs. The funding formula has been a problem for localities because it is prescriptive in nature and has proven to be unreliable. For instance, the formula relies on figures derived from adult facilities, which have different populations and structures than juvenile facilities. Since this change pertains to localities that seek state reimbursement, and this funding has been frozen since 2003, this change may reduce the administrative costs for localities seeking reimbursement and improve the accuracy of cost estimates if and when the funding freeze is eliminated by the General Assembly. The second substantive change would add language describing how the regulation would apply if an exception to the legislative moratorium occurs although no exception has been granted so far. The Appropriation Act language has frozen funding but at the same time provides the board authority to grant exceptions to address emergency maintenance projects needed to resolve immediate life and safety issues. The current regulation does not address the process to be followed if and when the board grants such an exception, but any emergency projects must also comply with the board standards. Thus, this change is expected to clarify the steps a locality would follow should the board grant an exception. The third proposed change would create a new regulation that establishes a simpler process for projects where the locality is not seeking state reimbursement. Compared to the process used when a locality seeks reimbursement, this new process would be simplified by excluding requirements for a planning study, Governor approval, a construction contract, and monthly inspection or progress reports. According to DJJ, there have been four projects in the past 10 years where the locality was not seeking reimbursement, including one project at Chesapeake juvenile detention center that is now in its early stages; and there have been no such group home projects. Also, a simpler process would mean DJJ would devote fewer resources to the review of unnecessary documents, and would play a diminished role in the review process. Finally, the proposal would make conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101) to reflect the substantive amendments. In short, DJJ expects the proposal to streamline, clarify, and enhance the efficiency of the process used by DJJ and localities seeking to construct new juvenile residential facilities or modify existing facilities, and allow an expedited process for facility projects with no state funding to reduce the burden on existing local and DJJ resources.

Businesses and Other Entities Affected. The proposed amendments apply to localities constructing, renovating, or enlarging juvenile detention centers, group homes, or similar residential facilities. Because of the statutory moratorium on state funding for such facilities, no such facilities have received state reimbursement since 2003. There have been four locally funded detention center facility projects in Counties of Loudoun and Prince William and Cities of Chesapeake and Bristol and no locally funded group home projects in the past 10 years. No locality appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ The proposal does not increase costs or reduce revenues for localities. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments neither introduce costs for localities nor disproportionately affect them. In fact, the proposal would likely reduce the administrative costs associated obtaining a DJJ approval for localities constructing or expanding regulated facilities, regardless of whether or not they seek state funding.

Projected Impact on Employment. The proposed amendments do not appear to have the potential to significantly affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

_____________________________

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 https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=1710.

³ See Item 446 A of Chapter 1042 of 2003 Acts of General Assembly at https://budget.lis.virginia.gov/item/2003/1/HB1400/Chapter/1/446/.

⁴ 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.

⁵ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice has reviewed the economic impact analysis prepared by the Department of Planning and Budget and agrees with the analysis.

Summary:

The proposed amendments (i) simplify the process for localities that seek state reimbursement for construction, renovation, enlargement, or other alterations of certain juvenile detention centers, juvenile group homes, and similar residential facilities; (ii) create a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), which establishes a process for localities that are not seeking state reimbursement; and (iii) make conforming changes to other related chapters.

6VAC35-20-69. Newly opened facilities and new construction, expansion, or renovation of residential facilities.

A. When a newly opened facility seeks certification to allow the admission of residents, the facility administrator shall contact the director or designee to request a review of the facility for conditional certification.

B. The facility administrator and the department shall follow the requirements of this chapter and department procedures in reviewing a facility prior to admission of residents. New construction, expansions, and renovations in all juvenile residential facilities, whether or not the facility or its sponsor is seeking reimbursement for construction or operations, shall conform to the governing provisions of the following regulations:

1. Regulation Governing Juvenile Correctional Centers (6VAC35-71);

2. Regulation Governing Juvenile Secure Detention Centers (6VAC35-101); and

3. Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41); and

4. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

C. In addition to the requirements in subsection B of this section, a juvenile residential facility seeking reimbursement for construction or operations pursuant to § 16.1-309.5 of the Code of Virginia or seeking to preserve the option to obtain reimbursement in the future shall conform to the governing provisions of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). A juvenile residential facility that is not seeking such reimbursement shall be subject to the governing provisions of the Regulations Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

C. D. A newly constructed, expanded, or renovated facility shall, except as provided in subsection D E of this section, obtain conditional certification as provided in 6VAC35-20-100 prior to the placement of residents in the new facility or portion of an existing facility subject to the expansion or renovation.

D. E. The director or designee shall consider the request for certification within 60 days of receiving the request and report of the basic audit findings. Actions taken by the director or designee shall be governed by the provisions of 6VAC35-20-100.

6VAC35-30-10. Introduction. (Repealed.)

Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.

Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:

1. The Virginia Public Procurement Act, Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;

2. The Construction and Professional Services Manual (CPSM), October 2004, issued by the Department of General Services, Division of Engineering and Building;

3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, March 2001, issued by the Department of Juvenile Justice; and

4. The Agency Procurement and Surplus Property Manual (1VAC30-130), issued by the Department of General Services, Division of Purchases and Supply.

Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Juvenile Justice. Using regulations promulgated by the board and by working together as partners from project planning through project construction and program implementation, the locality or localities and the department ensure that the optimum number of children are provided high quality services at a minimum cost to the locality or localities and to the Commonwealth.

6VAC35-30-15. Applicability of this chapter.

This chapter applies to projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future either (i) through legislative enactment or (ii) should funding become available. Projects for which the locality is not seeking reimbursement, either now or in the future, shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), unless otherwise specified.

Part II

Definitions

6VAC35-30-20. Definitions.

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

"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity as provided herein in this chapter.

"Board" means the Virginia Board of Juvenile Justice.

"Board-approved funding formula" means the method by which construction costs are calculated as provided for in 6VAC35-30-65.

"Board regulation" means a regulation or section or subsections thereof of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Construction and Professional Services Manual" or "CPSM" means the manual issued by the Commonwealth of Virginia's Department of General Services Division of Engineering and Building that sets forth the standards, policies, terms, conditions, and procedures that state agencies and institutions must follow in procuring professional design and construction services.

"Day" means calendar day unless otherwise specified.

"Department" or "DJJ" means the Department of Juvenile Justice.

"Efficiency ratio" means the proportion of a building's net usable area to its gross floor area.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

"Enlargement" or "expansion" means the expansion of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or may will be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may will be regulated by the board.

"Needs assessment" means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.

"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the Schematic Design (15%) Document level, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected design, construction, operation, maintenance costs, and a cost/benefit analysis.

"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board regulation.

"Renovation" means the alteration or other modification of an existing facility or piece of equipment for the purpose of changing the use or capability of such facility or equipment as may be determined by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility or equipment that generally may be associated with normal wear and tear and included in routine maintenance.

"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

"Sponsor" means a city, county, commission, or any combination thereof of these entities, or any private entity under contract or arrangement with any a city, county, commission, or any combination thereof of these entities, that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement, as detailed in approved department procedures.

"Written" means the required information is communicated in writing either in hard copy or electronic form.

Part III II

Procedures Reimbursement Request Process

6VAC35-30-35. Prescreening.

A. Any A sponsor planning any a construction, renovation, enlargement, or expansion of a local facility and seeking state reimbursement in accordance with § 16.1-309.5 of the Code of Virginia shall submit an initial writing written request to the department that shall include a graphic showing any proposed structural changes and a brief description of the project, including all operating capacity or programmatic changes to be accommodated by the structure, and a graphic showing the proposed structural changes if available. The department shall review the initial writing written request, determine the appropriate classification in accordance with subsection B of this section, and inform provide a written notification to the sponsor in writing as to whether the project is subject to this regulation chapter as soon as practicable but no later than 30 days from the receipt of after receiving the initial writing request from the sponsor. If the department fails to respond in the required time frame timeframe, the sponsor may proceed with the reimbursement request in accordance with this chapter.

B. Any request The department shall be determined to be in one determine under which of the following categories the request falls:

1. For any new construction, change Projects subject to this entire chapter. Construction, enlargement, or modification other modifications of an existing local facility or piece of stationary equipment, including security related security-related upgrades, for which the sponsor seeks reimbursement and that will affect the facility's compliance with a board regulation,; result in a change in certification or licensure status,; or result in increased square footage, bed space, or capacity shall be subject to this regulation chapter.

2. Projects subject to 6VAC35-30-180. For any each facility enhancements enhancement not provided for in subdivision 1 of this subsection for which the sponsor seeks reimbursement, the sponsor shall submit to the board for approval a project overview and cost estimates to the board for approval and that includes a brief description of the project, a justification for why the project is necessary, and any other pertinent information, as well as an estimate of the total projected cost of the project. The project shall be subject to the requirements of 6VAC35-30-180. The department and board may require additional documentation.

3. Minor changes, such as routine maintenance, This category shall not be subject to this regulation and shall be managed informally in accordance with department procedures apply to construction projects.

C. A sponsor shall not be required to comply with the requirements of this section for the following projects:

1. Routine maintenance projects and other projects that involve minor changes to the facility; and

2. Projects for which the locality is not seeking reimbursement now or in the future. These projects shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

6VAC35-30-40. Reimbursement request deadlines.

A. Requests. For all projects subject to all or a portion of this regulation chapter, classified in accordance with 6VAC35-30-35 B 1 and B 2, the department shall advise the sponsor or the sponsor's designated representative of the deadline for submissions necessary to obtain approval, (i) from the board; (ii) for inclusion in the department's budget request to the Governor, if applicable; and (iii) for consideration during the next General Assembly session, if applicable.

B. Needs assessment. The sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall consider the needs assessment at its next regularly scheduled meeting and shall approve, reject, or return the needs assessment.

1. If the needs assessment is approved by the board, the department shall advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project.

2. If the needs assessment is returned to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision, in writing, within seven business days of the board's decision.

C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.

2. The board shall consider the planning study at its next regularly scheduled meeting and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

3. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.

6VAC35-30-42. Needs assessment and planning study requirements.

A. Prior to the applicable deadline, for all projects classified under 6VAC35-30-35 B 1, the sponsor shall submit a needs assessment that shall demonstrate the need for the particular service, program, or facility and that shall include the following information:

1. The target population the project is seeking to impact;

2. The specific need of the target population the project is seeking to address;

3. An explanation as to why the specific need cannot be met with existing resources;

4. All alternatives considered to meet the identified need; and

5. The reason for rejecting the alternatives.

B. The department shall have a maximum of 45 days from receipt of the needs assessment to conduct a review of the assessment and to notify the sponsor regarding next steps.

C. The board shall consider the needs assessment submitted in accordance with subsection A of this section as soon as practicable following the department's review and shall approve, reject, or return the needs assessment.

1. If the board approves the needs assessment, the department shall advise the sponsor of the board's decision and of the project's approved advancement to the planning study phase pending the Governor's approval.

2. If the board elects to return the needs assessment to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision within 10 days and provide a written record upon adoption of the applicable board minutes.

D. Upon the board's approval of the needs assessment and before the applicable deadline, the sponsor shall submit to the department a complete planning study that shall explain why the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall include a program description; project description; architectural and engineering drawings at the Schematic Design Document level; an explanation of the relationship of the project to existing facilities or structures; the project's schedule; a detail of the project's total projected design, construction, and operation cost, including personnel and maintenance costs; and a cost-benefit analysis.

2. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested in accordance with § 16.1-309.5 of the Code of Virginia and a resolution from the governing body of the sponsor requesting reimbursement.

3. Requests for regional facilities also shall include a copy of the agreement between the participating localities that addresses how financial and operational responsibilities are allocated.

4. When submitting the planning study for review, a sponsor may request to receive portions of the total project reimbursement based upon the completion of the project in phases.

5. The board shall consider the planning study as soon as reasonably practicable following the department's review and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing the planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project in accordance with § 16.1-309.5 of the Code of Virginia and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

6VAC35-30-45. Effect of legislative moratorium.

A. In such times when If the Virginia General Assembly has imposed a moratorium on construction and reimbursement of construction costs, the sponsor shall follow the requirements of this chapter in order to preserve the option to seek reimbursement in the future.

B. To obtain any reimbursement thereafter, the sponsor shall may:

1. Pursue a legislative exception to the moratorium on construction and reimbursement of construction costs; or

2. Request reimbursement at such time as when the Virginia General Assembly authorizes funding for such projects.

C. If, through an Appropriations Act, the Virginia General Assembly permits an exception to the legislative moratorium established in subsection A of this section for the reimbursement of funds used for emergency maintenance projects necessary to resolve immediate life safety issues in a juvenile residential facility, and a sponsor seeks reimbursement in accordance with the Appropriations Act, the following requirements shall apply:

1. The sponsor shall initiate the reimbursement process by complying with the prescreening requirements in 6VAC35-30-35 and shall be subject to any additional regulatory requirements contained in this chapter, based upon the category under which the project falls;

2. Eligibility for reimbursement shall be contingent upon approval by the board and the Secretary of Public Safety and Homeland Security; and

3. If the board votes to approve the exception, it shall adopt an emergency resolution authorizing the exception. The resolution shall provide that reimbursement is subject to the availability of funds and approval by the General Assembly at its next regular session.

6VAC35-30-60. Criteria for board funding recommendation.

A. Demonstrated need. The board shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment needs assessment and Planning Study planning study.

B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the facility's interior design of the facility with special concern for attention to the number of staff required, functional layout, material selection, and energy efficiency, with and special emphasis on meeting the needs of youth and the mission of the facility.

C. Construction cost. All sponsors shall calculate construction costs in accordance with the funding formula provided in 6VAC35-30-65. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities and provide documentation of the methodology.

D. Board review Economy of construction costs. The economy of construction cost is necessary and board shall be reviewed as follows consider the economy of construction costs in accordance with the following:

1. Review Construction economy may be questioned and reviewed in relation to comparable projects within the last five years.

2. Economy of construction cost shall be reviewed for efficiency.

a. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the for maximum efficiency. The board shall review the efficiency of the renovated spaces, the appropriateness of the proposed changes for the population served, and the relationship of the changes to the project of facility as a whole, and whether the proposed changes are consistent with federal and state statutes and regulations.

b. Projects of new construction Construction projects shall be reviewed for the building's appropriate efficiency ratio. The board may request further information from the sponsor on projects with a building's efficiency ratio of less than 65%.

2. 3. The board may adjust the amount being requested approved project cost eligible for reimbursement funding as follows:

a. A reduction decrease in funding the estimated project cost when functional areas of the facility, such as the kitchen, recreation area, educational facilities, visiting area, and or laundry facilities are not included in the project or are included at a size not in conformance with applicable regulations or normal practice;

b. An increase in funding the estimated project cost when support services areas are proposed at sizes larger than necessary in anticipation of future enlargements or expansions of the facility;

c. A decrease in funding the estimated project cost when the building's efficiency ratio is less than 65%; and

d. An increase in funding the estimated project cost when the facility includes areas for extraordinary program activities.

3. Any adjustments made by the board in funding shall be based upon the gross square footage of the various conditions multiplied by a cost equal to the adjusted median cost or the proposed gross square foot cost of the facility, whichever is less.

E. Phased reimbursement of projects. A sponsor The board may approve a sponsor's request, when submitting the planning study for review, to receive portions of the total project reimbursement based upon the completion of the project in phases. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor instead of a single payment; however, reimbursement payments will be in amounts proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to be placed in service.

6VAC35-30-65. Funding formula. (Repealed.)

A. The following funding formula shall be used to calculate estimated construction costs at the Schematic Design (15%) Documents level in the planning study phase:

1. A cost per square foot base figure shall be the national median square-foot cost for jails published in the 24th annual edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with consideration taken of the "location factor," which is the materials and labor cost differential specific to the project's geographical location.

2. The cost per square foot, adjusted using the location factor, must be in accordance with all applicable codes and standards and in accordance with the following formula:

National cost per square foot (from Means)

X Location Factor (from Means)

X Area allowance per bed (as provided for in subsection B of this section)

= Adjusted median construction cost of local facility.

3. The total project cost shall include:

a. Construction cost;

b. Site and utilities (from Means);

c. Architectural and Engineering services (services as defined in the Construction and Professional Services Manual (CPSM));

d. Furnishing and equipment (as itemized by the sponsor);

e. Project inspection (services as defined in the CPSM);

f. Contingency (10.0%);

g. Inflation factor (yearly market inflation rate applied from January 1 of the year of the submitted design through the midpoint of construction, compounded);

h. Property purchased specifically for this facility; and

i. Other.

B. The following area allowances per bed shall be used to calculate the adjusted median construction cost of a local facility:

1. A maximum of 700 square feet per bed for facilities up to 35 residents;

2. A maximum of 650 square feet per bed for facilities of 36 to 79 residents; and

3. A maximum of 550 square feet per bed for facilities with 80 or more residents.

6VAC35-30-70. Funding priorities.

The board shall prioritize reimbursement requests in a manner to ensure that ensures an equitable distribution of state funds across the Commonwealth; and, absent. Absent a health, safety, or welfare risk requiring priority, the board shall ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by demonstrated in the needs assessment.

6VAC35-30-80. Board recommendations to the Governor.

A. The department shall notify provide a written notification to the sponsor in writing within seven business 10 days of the board's decision to recommend or not decline to recommend a project for reimbursement. If the recommendation is not board declines to recommend reimbursement, the department shall briefly explain the rationale for the decision.

B. The board shall submit to the Governor, or his the Governor's designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; for those recommendations and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.

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

Part IV III

Project Development

6VAC35-30-90. Preliminary design.

A. The sponsor shall submit preliminary design (35%) documents to the department as defined outlined in the CPSM and required by approved department procedures.

B. Preliminary The department shall review the preliminary design (35%) documents shall be reviewed by the department within 45 days of receipt of the document for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein into this chapter.

1. If the department requires changes to the preliminary design (35%) documents, the department shall provide the sponsor with a written notification of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to the department provide a written response to all comments received from the department in the preliminary design review. Necessary The sponsor may incorporate necessary revisions to the project documents may be incorporated in the submission of the construction documents (referred to as the "working drawings" in the CPSM); however, all issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the construction document phase (referred to as the "working drawings phase" in the CPSM).

C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed been approved to proceed to the construction documents phase.

6VAC35-30-100. Construction documents.

A. The sponsor shall submit to the department construction documents to the department as defined outlined in the CPSM and required by approved department procedures. The construction documents shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents incorporated herein into this chapter, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, requires changes to the construction documents, the department shall provide the sponsor with a written communication of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to provide the department with a written response to all comments received from the department in the construction document review. All issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the bidding phase.

C. When all review comments have been the sponsor has addressed and resolved all review comments, the department shall approve the construction documents and advise the sponsor in writing, as required in approved department procedures, that the project may progress to the bidding phase (referred to as the "bid documents phase" in the CPSM).

6VAC35-30-110. Change order Design change process.

If, during the project development stage, any a substantive change in the scope of the project, any or an increase in the estimated cost of construction, or any change in the operational staff requirements occurs for which the sponsor will seek reimbursement, the department may suspend 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 and determine next steps. The department may require the sponsor to comply with any or all steps outlined in 6VAC35-30-15 through 6VAC35-30-100.

6VAC35-30-115. Failure to initiate construction within three years.

If a locality fails to execute a construction contract for the approved project within three years of the department's notice of approval of the planning study, the board approval shall expire unless the sponsor submits a written request to the board for an extension. The board may grant an extension or require the sponsor to amend the locality's needs assessment for resubmission in accordance with the process established in 6VAC35-30-42.

Part V IV

Project Construction

6VAC35-30-120. Bidding.

After bids for construction have been received and opened and the sponsor has determined to proceed with the project, the sponsor shall submit to the department a bid tabulation, analysis, and recommendation as to regarding the award of the contract. Any The department shall forward written comments by the department shall be forwarded in response to the sponsor within five business seven days of receipt; and the sponsor shall respond to the comments in writing within 10 business days of receipt of the department's comments. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the sponsor's recommendation as to regarding the award of the contract.

6VAC35-30-130. Construction.

A. During the project construction of all projects, the sponsor shall submit monthly inspection or and construction progress reports to the department in accordance with a schedule provided by the sponsor. The If the sponsor identifies any issues as part of the monthly submission, the sponsor shall submit the reports to the department no later than the 15th day of the month following the inspection or when the progress report became due explain the issue and the plan of action for addressing the issue or problem. The department shall notify the sponsor in writing within 10 business 14 days after receipt of the inspection or progress report regarding any issues or problems with the project or the reports. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.

B. Any substantive change If, during the construction phase of the project, a locality makes a change deemed substantive due to either (i) an increase in the project cost of $50,000 or more or (ii) accumulated change orders that exceed 25% of the original contract amount, the sponsor shall be submitted submit the change orders in writing to the department for review and approval before any such implementing the change is executed. Only those changes that are approved through the approved department procedure shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part.

C. Any substantive change for which the sponsor seeks additional reimbursement shall be subject to the requirements in 6VAC35-30-180 C.

6VAC35-30-140. Final inspection.

A. Upon construction completion, the sponsor shall establish a schedule for ensure final inspection of the project. This schedule, which shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the schedule project; (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) the submission of a report of completed actions to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide to the department with copies of all required regulatory agency letters verifying approval of the completed project and shall (ii) certify to the department the completion of the project.

6VAC35-30-150. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record." The record documents shall be prepared as defined in the CPSM and in accordance with approved department procedures.

Part VI V

Private Construction of Juvenile Facilities

6VAC35-30-160. Private construction of juvenile facilities.

Section 16.1-322.5 of the Code of Virginia allows the board to authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or design and construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by § 16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter seek authorization from the board before entering into such contracts by certifying and submitting documentation to the board demonstrating that both the sponsor and the contractor have satisfied all applicable requirements mandated by § 16.1-322.5 of the Code of Virginia. The board shall review the documentation and may not approve private contracts that do not satisfy the applicable requirements in § 16.1-322.5 of the Code of Virginia.

Part VII VI

Final Reimbursement

6VAC35-30-180. Request for final reimbursement for all projects.

A. Upon completion of the project, the sponsor shall submit to the department a written request for final reimbursement for the applicable project, along with documentation specified by approved department procedures to the department supporting the request.

B. If the final amount of reimbursement requested is not greater than the reimbursement amount initially recommended, including the contingency, the department shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The In no case shall the reimbursement request shall be in the form specified by the department amount exceed 50% of the actual project costs.

C. If the final amount of reimbursement requested is greater than the reimbursement amount initially recommended, the department shall process the initial reimbursement amount in accordance with subsection B of this section. For any increase in costs over the amount of the initial board-approved reimbursement, the sponsor shall justify the cost increase and submit the a written adjusted reimbursement request, including justification for the cost increase, to the board and the Governor, or his the Governor's designee, for approval.

D. The availability of funds for reimbursement, as approved, is contingent on the appropriation of funds by the General Assembly.

6VAC35-30-185. Guidelines for document submission.

In order to assist localities in complying with the requirements of this chapter, the department shall establish guidelines governing the form and process for submission of all documents required in this chapter.

6VAC35-30-190. Compliance.

Failure to comply with these regulations this chapter will delay the review process and recommendation for disbursement of funds, may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house residents in the facility as provided for in the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-30)

The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, revised March 2001, Department of Juvenile Justice.

Construction and Professional Services Manual, Revision 1, October 2004, Department of General Services, Division of Engineering and Buildings.

R.S. Means Facilities Construction Cost Data 2009, 24th Annual Edition, R.S. Means-Reed Construction Data (http://rsmeans.reedconstructiondata.com).

Construction and Professional Services Manual, Revision 0, March 17, 2025, Department of General Services, Division of Engineering and Buildings

Chapter 35

Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities

Part I

General Information

6VAC35-35-10. Definitions.

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

"Board" means the Board of Juvenile Justice.

"Board regulation" means a regulation or section or subsections of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Day" means calendar day unless otherwise specified.

"Department" means the Department of Juvenile Justice.

"Enlargement" or "expansion" means the extension of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or will be regulated by the board and is owned, maintained, or operated by a political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with a political subdivision or combination of political subdivisions of the Commonwealth and is or will be regulated by the board.

"Project" means a proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or by board regulation.

"Renovation" means the alteration or other modification of an existing facility for the purpose of changing the use or capability of such facility as may be determine by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility that generally may be associated with normal wear and tear and included in routine maintenance.

"Sponsor" means a city, county, commission, or a combination of these entities, or a private entity under contract or arrangement with a city, county, commission, or a combination of these entities that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means a deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with a board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement.

"Written" means the required information is communicated in writing either in hard copy or in electronic form.

6VAC35-35-20. Applicability of this chapter.

This chapter applies to projects for which a locality is not seeking reimbursement from the Commonwealth, either now or in the future. Projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future should funding become available or through legislative enactment shall be subject to the requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

Part II

Process for Projects

6VAC35-35-30. Prescreening.

A. A sponsor planning construction, renovation, enlargement, or expansion of a local facility, regardless of whether the sponsor is seeking reimbursement from the Commonwealth pursuant to § 16.1-309.5 of the Code of Virginia, shall submit an initial written request to the department that shall include a graphic, if available, showing the proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure.

B. The department shall review the initial request, classify the request in accordance with the classifications established in subsection C of this section, and inform the sponsor in writing whether, based on these classifications, the project is subject to this chapter. The department shall notify the sponsor of the classification as soon as practicable but no later than 30 days after receiving the initial request from the sponsor.

C. The department shall determine under which of the following categories the request falls.

1. Projects subject to this chapter. Projects for which the locality is not seeking reimbursement now or in the future shall be subject to the requirements of this chapter.

2. Projects subject to Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). Any construction, enlargement, renovation, or other modification of an existing local facility or piece of stationary equipment, including security related upgrades, for which the sponsor seeks reimbursement shall be subject to the requirements of Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs.

D. If the department fails to respond within the 30-day timeframe, the sponsor may proceed with the reimbursement process established in 6VAC35-30 or the process established under this chapter, as applicable.

E. A sponsor shall not be required to follow the requirements of this section for routine maintenance projects, projects that will not affect the facility's compliance with other board regulations, and other projects that involve minor changes to the facility. These projects shall not be subject to this chapter and shall be excluded from department review.

6VAC35-35-40. Project overview requirements.

A. If the department determines that the project is subject to this chapter pursuant to 6VAC35-35-30 C, the sponsor shall prepare and submit to the department for review a project overview that shall explain the purpose of the proposed project and the need the project is intended to address.

B. The project overview shall include a description of the facility's existing or proposed program, a description of the proposed project, architectural and engineering drawings at the Schematic Design Document level, and the project's anticipated schedule for completion.

C. The department shall review the project overview upon receipt of the document and provide comments regarding the project's proposed compliance with statutes, regulations, and guidance documents applicable to this chapter.

1. If, after conducting the review mandated in this subsection, the department recommends changes to the construction documents, all such recommended changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review.

6VAC35-35-50. Construction documents.

A. The sponsor shall submit to the department construction documents, which shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents for compliance with applicable statutes, regulations, and guidance documents. This review shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, recommends changes to the construction documents, all such changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review. All issues raised in the department's comments shall be addressed before the project proceeds to the bidding phase.

C. When the sponsor has addressed all review comments, the department shall advise the sponsor in writing that the project may progress to the construction phase.

6VAC35-35-60. Design change process.

If, during the project development stage, a substantive change in the scope of the project occurs, the department may suspend the review process and determine next steps, which may include any or all steps outlined in 6VAC35-35-10 through 6VAC35-35-50.

6VAC35-35-70. Construction.

If a substantive change occurs during the construction phase, the sponsor shall submit a written explanation of the change to the department for review and comment before the change is executed.

6VAC35-35-80. Final inspection.

A. Upon construction completion, the sponsor shall ensure final inspection of the project, which shall include: (i) notification to the department and all regulatory agencies that reviewed construction documents of the project; (ii) a request to the staff or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) submission of a report of completed action to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide the department with copies of all required regulatory agency letters verifying approval of the completed project and (ii) certify to the department completion of the project.

6VAC35-35-90. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record."

6VAC35-35-100. Compliance.

Failure to comply with this chapter may prevent the facility from obtaining board certification or department approval to house residents in the facility as provided in § 16.1-309.9 of the Code of Virginia and the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

6VAC35-101-350. Buildings and inspections.

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51 13VAC5-52) shall be maintained. If the fire prevention authorities have failed to timely inspect the detention center's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. A current copy of the detention center's annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the systems listed below in this subsection shall be maintained. These inspections shall be of the:

1. General sanitation;

2. Sewage disposal system;

3. Water supply; and

4. Food service operations.

D. Building plans and specifications for new construction, change in use of existing buildings, and any structural modifications or additions to existing buildings shall be submitted to and approved by the regulatory authority and by other appropriate regulatory agencies. Any planned construction, renovation, enlargement, or expansion of a detention center for which the locality seeks or plans to seek reimbursement pursuant to § 16.1-309.5 of the Code of Virginia shall follow the submission and approval requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) and of any other applicable regulatory authorities. All other plans for construction, renovation, enlargement, or expansion of a detention center shall follow the submission and approval requirements of the Regulation Governing the Planning, Design, and Construction of Local Juvenile Residential Facilities (6VAC35-35).

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Proposed Regulation

Titles of Regulations: 6VAC35-20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (amending 6VAC35-20-69).

6VAC35-30. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (amending 6VAC35-30-20, 6VAC35-30-35, 6VAC35-30-40, 6VAC35-30-45, 6VAC35-30-60, 6VAC35-30-70 through 6VAC35-30-110, 6VAC35-30-120 through 6VAC35-30-160, 6VAC35-30-180, 6VAC35-30-190; adding 6VAC35-30-15, 6VAC35-30-42, 6VAC35-30-115, 6VAC35-30-185; repealing 6VAC35-30-10, 6VAC35-30-65).

6VAC35-35. Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (adding 6VAC35-35-10 through 6VAC35-35-100).

6VAC35-101. Regulation Governing Juvenile Secure Detention Centers (amending 6VAC35-101-350).

Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: June 5, 2026.

Agency Contact: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, fax (804) 371-6497, or email kenneth.davis@djj.virginia.gov.

Basis: Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice to promulgate regulations concerning the Commonwealth's reimbursement to localities for one-half the cost of construction, enlargement, renovation, purchase, or rental of a detention home or other facilities, including establishing criteria for evaluating reimbursement requests and ensuring the geographically equitable distribution of state funds provided for such purpose. Section 16.1-309.9 of the Code of Virginia requires the board to approve minimum standards for the construction and equipment of detention homes or other facilities and authorizes the board to prohibit the placement of juveniles in places of residence that do not comply with these minimum standards. Section 66-10 of the Code of Virginia authorizes the board to promulgate regulations necessary to carry out the provisions of Title 66 of the Code of Virginia and other laws of the Commonwealth.

Purpose: This action is essential to the public welfare because it enhances efficiency for localities altering applicable juvenile facilities. By creating an expedited process for facility projects with no state funding, the action reduces the burden on existing local resources so that such resources can be better directed to the youth residing in these facilities.

Substance: The proposed amendments (i) add a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), to establish a process to address projects for which a locality is not seeking reimbursement from the Commonwealth; (ii) limit the application of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) to localities seeking reimbursement or seeking to preserve the option for reimbursement funding; (iii) add a three-year deadline for localities to execute a construction contract after the board approves the locality's planning study; (iv) update and clarify application and review procedures for reimbursement; (v) establish a process for localities pursuing state reimbursement for qualifying emergency maintenance projects; (vi) repeal the current funding formula for determining construction costs; (vii) update the final inspection process; (viii) remove language authorizing reimbursement for privately contracted projects; (ix) set out a process for reimbursements when the request exceeds the previously requested amount; and (x) make technical changes.

Issues: The primary advantage of this action to the public, the agency, and the Commonwealth is that it streamlines and clarifies the process for localities seeking to construct new juvenile residential facilities or modify existing facilities, regardless of whether the state reimburses the locality for the project, which will smooth the path for completion of the project to the benefit of the residents in these facilities and the staff responsible for their care. Eliminating the outdated, prescriptive funding formula on which localities seeking reimbursement base their estimated construction costs will allow the locality greater flexibility in determining construction costs. Allowing localities that forgo the reimbursement process to provide the Department of Juvenile Justice with a project overview, rather than the more detailed statement of need and planning study documents, and permitting the department to remain involved throughout various stages of the project will help ensure that the construction or modification is consistent with industry standards, thereby ensuring the safety of juveniles residing in such facilities. There are no disadvantages to the public, the agency, or the Commonwealth.

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. Pursuant to a 2019 periodic review,² the Board of Juvenile Justice (board) proposes to eliminate outdated provisions, and to simplify practices for all localities engaging in juvenile detention center and group home construction, renovation, or enlargement. The board also proposes to create a new regulation (6VAC35-35) to establish a process for localities to plan, design, and construct a juvenile detention facility in cases where they have no intention of seeking state reimbursement.

Background. 6VAC35-30 establishes the processes that must be followed when constructing, renovating, enlarging, or otherwise altering certain facilities. These facilities are locally operated and commission operated juvenile detention centers, and locally or regionally operated juvenile group homes and similar residential facilities that are regulated by the Department of Juvenile Justice (DJJ). Generally, the requirements pertain to prescreening, preliminary design, needs assessment, planning study, funding formula, Governor approval, construction contract, design change orders, monthly inspection and progress reports, and final inspection. Pursuant to the periodic review, the board proposes to eliminate outdated provisions and simplify practices for all localities engaging in such projects; the board also establishes a new regulation (6VAC35-35) to create a process for localities to use when planning, designing, and constructing a new facility in cases where they do not intend to seek reimbursement for such projects through any available mechanisms. This action also makes conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101). According to DJJ, although the statute requires the Commonwealth to reimburse localities for qualifying projects, the General Assembly has included language in the Appropriation Act since 2003 that prohibits the board from approving funds for state reimbursement of applicable construction, enlargement, or renovation costs for these facilities.³ In essence, 6VAC35-30 requires localities constructing or modifying eligible juvenile facilities to undergo an arduous process involving the completion of reports tied specifically to funding, despite the fact that reimbursement funding available through the mandated process has been frozen for many years, and most localities choose not to avail themselves of mechanisms for state funding. In summary, the board proposes to simplify the regulatory reimbursement process for localities that seek state funding (6VAC35-30); create a new chapter with a simpler process for localities that do not seek state funding (6VAC35-35); and make conforming changes to other related regulatory chapters (i.e., 6VAC35-20 and 6VAC35-101).

Estimated Benefits and Costs. One of the substantive changes the board proposes would eliminate the complex funding formula to calculate estimated construction costs. According to DJJ, eliminating the funding formula would ease the regulatory burden for localities and allow them to work with their architects and engineers to determine construction costs. The funding formula has been a problem for localities because it is prescriptive in nature and has proven to be unreliable. For instance, the formula relies on figures derived from adult facilities, which have different populations and structures than juvenile facilities. Since this change pertains to localities that seek state reimbursement, and this funding has been frozen since 2003, this change may reduce the administrative costs for localities seeking reimbursement and improve the accuracy of cost estimates if and when the funding freeze is eliminated by the General Assembly. The second substantive change would add language describing how the regulation would apply if an exception to the legislative moratorium occurs although no exception has been granted so far. The Appropriation Act language has frozen funding but at the same time provides the board authority to grant exceptions to address emergency maintenance projects needed to resolve immediate life and safety issues. The current regulation does not address the process to be followed if and when the board grants such an exception, but any emergency projects must also comply with the board standards. Thus, this change is expected to clarify the steps a locality would follow should the board grant an exception. The third proposed change would create a new regulation that establishes a simpler process for projects where the locality is not seeking state reimbursement. Compared to the process used when a locality seeks reimbursement, this new process would be simplified by excluding requirements for a planning study, Governor approval, a construction contract, and monthly inspection or progress reports. According to DJJ, there have been four projects in the past 10 years where the locality was not seeking reimbursement, including one project at Chesapeake juvenile detention center that is now in its early stages; and there have been no such group home projects. Also, a simpler process would mean DJJ would devote fewer resources to the review of unnecessary documents, and would play a diminished role in the review process. Finally, the proposal would make conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101) to reflect the substantive amendments. In short, DJJ expects the proposal to streamline, clarify, and enhance the efficiency of the process used by DJJ and localities seeking to construct new juvenile residential facilities or modify existing facilities, and allow an expedited process for facility projects with no state funding to reduce the burden on existing local and DJJ resources.

Businesses and Other Entities Affected. The proposed amendments apply to localities constructing, renovating, or enlarging juvenile detention centers, group homes, or similar residential facilities. Because of the statutory moratorium on state funding for such facilities, no such facilities have received state reimbursement since 2003. There have been four locally funded detention center facility projects in Counties of Loudoun and Prince William and Cities of Chesapeake and Bristol and no locally funded group home projects in the past 10 years. No locality appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ The proposal does not increase costs or reduce revenues for localities. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments neither introduce costs for localities nor disproportionately affect them. In fact, the proposal would likely reduce the administrative costs associated obtaining a DJJ approval for localities constructing or expanding regulated facilities, regardless of whether or not they seek state funding.

Projected Impact on Employment. The proposed amendments do not appear to have the potential to significantly affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

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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 https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=1710.

³ See Item 446 A of Chapter 1042 of 2003 Acts of General Assembly at https://budget.lis.virginia.gov/item/2003/1/HB1400/Chapter/1/446/.

⁴ 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.

⁵ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice has reviewed the economic impact analysis prepared by the Department of Planning and Budget and agrees with the analysis.

Summary:

The proposed amendments (i) simplify the process for localities that seek state reimbursement for construction, renovation, enlargement, or other alterations of certain juvenile detention centers, juvenile group homes, and similar residential facilities; (ii) create a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), which establishes a process for localities that are not seeking state reimbursement; and (iii) make conforming changes to other related chapters.

6VAC35-20-69. Newly opened facilities and new construction, expansion, or renovation of residential facilities.

A. When a newly opened facility seeks certification to allow the admission of residents, the facility administrator shall contact the director or designee to request a review of the facility for conditional certification.

B. The facility administrator and the department shall follow the requirements of this chapter and department procedures in reviewing a facility prior to admission of residents. New construction, expansions, and renovations in all juvenile residential facilities, whether or not the facility or its sponsor is seeking reimbursement for construction or operations, shall conform to the governing provisions of the following regulations:

1. Regulation Governing Juvenile Correctional Centers (6VAC35-71);

2. Regulation Governing Juvenile Secure Detention Centers (6VAC35-101); and

3. Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41); and

4. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

C. In addition to the requirements in subsection B of this section, a juvenile residential facility seeking reimbursement for construction or operations pursuant to § 16.1-309.5 of the Code of Virginia or seeking to preserve the option to obtain reimbursement in the future shall conform to the governing provisions of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). A juvenile residential facility that is not seeking such reimbursement shall be subject to the governing provisions of the Regulations Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

C. D. A newly constructed, expanded, or renovated facility shall, except as provided in subsection D E of this section, obtain conditional certification as provided in 6VAC35-20-100 prior to the placement of residents in the new facility or portion of an existing facility subject to the expansion or renovation.

D. E. The director or designee shall consider the request for certification within 60 days of receiving the request and report of the basic audit findings. Actions taken by the director or designee shall be governed by the provisions of 6VAC35-20-100.

6VAC35-30-10. Introduction. (Repealed.)

Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.

Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:

1. The Virginia Public Procurement Act, Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;

2. The Construction and Professional Services Manual (CPSM), October 2004, issued by the Department of General Services, Division of Engineering and Building;

3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, March 2001, issued by the Department of Juvenile Justice; and

4. The Agency Procurement and Surplus Property Manual (1VAC30-130), issued by the Department of General Services, Division of Purchases and Supply.

Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Juvenile Justice. Using regulations promulgated by the board and by working together as partners from project planning through project construction and program implementation, the locality or localities and the department ensure that the optimum number of children are provided high quality services at a minimum cost to the locality or localities and to the Commonwealth.

6VAC35-30-15. Applicability of this chapter.

This chapter applies to projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future either (i) through legislative enactment or (ii) should funding become available. Projects for which the locality is not seeking reimbursement, either now or in the future, shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), unless otherwise specified.

Part II

Definitions

6VAC35-30-20. Definitions.

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

"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity as provided herein in this chapter.

"Board" means the Virginia Board of Juvenile Justice.

"Board-approved funding formula" means the method by which construction costs are calculated as provided for in 6VAC35-30-65.

"Board regulation" means a regulation or section or subsections thereof of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Construction and Professional Services Manual" or "CPSM" means the manual issued by the Commonwealth of Virginia's Department of General Services Division of Engineering and Building that sets forth the standards, policies, terms, conditions, and procedures that state agencies and institutions must follow in procuring professional design and construction services.

"Day" means calendar day unless otherwise specified.

"Department" or "DJJ" means the Department of Juvenile Justice.

"Efficiency ratio" means the proportion of a building's net usable area to its gross floor area.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

"Enlargement" or "expansion" means the expansion of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or may will be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may will be regulated by the board.

"Needs assessment" means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.

"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the Schematic Design (15%) Document level, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected design, construction, operation, maintenance costs, and a cost/benefit analysis.

"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board regulation.

"Renovation" means the alteration or other modification of an existing facility or piece of equipment for the purpose of changing the use or capability of such facility or equipment as may be determined by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility or equipment that generally may be associated with normal wear and tear and included in routine maintenance.

"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

"Sponsor" means a city, county, commission, or any combination thereof of these entities, or any private entity under contract or arrangement with any a city, county, commission, or any combination thereof of these entities, that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement, as detailed in approved department procedures.

"Written" means the required information is communicated in writing either in hard copy or electronic form.

Part III II

Procedures Reimbursement Request Process

6VAC35-30-35. Prescreening.

A. Any A sponsor planning any a construction, renovation, enlargement, or expansion of a local facility and seeking state reimbursement in accordance with § 16.1-309.5 of the Code of Virginia shall submit an initial writing written request to the department that shall include a graphic showing any proposed structural changes and a brief description of the project, including all operating capacity or programmatic changes to be accommodated by the structure, and a graphic showing the proposed structural changes if available. The department shall review the initial writing written request, determine the appropriate classification in accordance with subsection B of this section, and inform provide a written notification to the sponsor in writing as to whether the project is subject to this regulation chapter as soon as practicable but no later than 30 days from the receipt of after receiving the initial writing request from the sponsor. If the department fails to respond in the required time frame timeframe, the sponsor may proceed with the reimbursement request in accordance with this chapter.

B. Any request The department shall be determined to be in one determine under which of the following categories the request falls:

1. For any new construction, change Projects subject to this entire chapter. Construction, enlargement, or modification other modifications of an existing local facility or piece of stationary equipment, including security related security-related upgrades, for which the sponsor seeks reimbursement and that will affect the facility's compliance with a board regulation,; result in a change in certification or licensure status,; or result in increased square footage, bed space, or capacity shall be subject to this regulation chapter.

2. Projects subject to 6VAC35-30-180. For any each facility enhancements enhancement not provided for in subdivision 1 of this subsection for which the sponsor seeks reimbursement, the sponsor shall submit to the board for approval a project overview and cost estimates to the board for approval and that includes a brief description of the project, a justification for why the project is necessary, and any other pertinent information, as well as an estimate of the total projected cost of the project. The project shall be subject to the requirements of 6VAC35-30-180. The department and board may require additional documentation.

3. Minor changes, such as routine maintenance, This category shall not be subject to this regulation and shall be managed informally in accordance with department procedures apply to construction projects.

C. A sponsor shall not be required to comply with the requirements of this section for the following projects:

1. Routine maintenance projects and other projects that involve minor changes to the facility; and

2. Projects for which the locality is not seeking reimbursement now or in the future. These projects shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

6VAC35-30-40. Reimbursement request deadlines.

A. Requests. For all projects subject to all or a portion of this regulation chapter, classified in accordance with 6VAC35-30-35 B 1 and B 2, the department shall advise the sponsor or the sponsor's designated representative of the deadline for submissions necessary to obtain approval, (i) from the board; (ii) for inclusion in the department's budget request to the Governor, if applicable; and (iii) for consideration during the next General Assembly session, if applicable.

B. Needs assessment. The sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall consider the needs assessment at its next regularly scheduled meeting and shall approve, reject, or return the needs assessment.

1. If the needs assessment is approved by the board, the department shall advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project.

2. If the needs assessment is returned to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision, in writing, within seven business days of the board's decision.

C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.

2. The board shall consider the planning study at its next regularly scheduled meeting and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

3. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.

6VAC35-30-42. Needs assessment and planning study requirements.

A. Prior to the applicable deadline, for all projects classified under 6VAC35-30-35 B 1, the sponsor shall submit a needs assessment that shall demonstrate the need for the particular service, program, or facility and that shall include the following information:

1. The target population the project is seeking to impact;

2. The specific need of the target population the project is seeking to address;

3. An explanation as to why the specific need cannot be met with existing resources;

4. All alternatives considered to meet the identified need; and

5. The reason for rejecting the alternatives.

B. The department shall have a maximum of 45 days from receipt of the needs assessment to conduct a review of the assessment and to notify the sponsor regarding next steps.

C. The board shall consider the needs assessment submitted in accordance with subsection A of this section as soon as practicable following the department's review and shall approve, reject, or return the needs assessment.

1. If the board approves the needs assessment, the department shall advise the sponsor of the board's decision and of the project's approved advancement to the planning study phase pending the Governor's approval.

2. If the board elects to return the needs assessment to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision within 10 days and provide a written record upon adoption of the applicable board minutes.

D. Upon the board's approval of the needs assessment and before the applicable deadline, the sponsor shall submit to the department a complete planning study that shall explain why the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall include a program description; project description; architectural and engineering drawings at the Schematic Design Document level; an explanation of the relationship of the project to existing facilities or structures; the project's schedule; a detail of the project's total projected design, construction, and operation cost, including personnel and maintenance costs; and a cost-benefit analysis.

2. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested in accordance with § 16.1-309.5 of the Code of Virginia and a resolution from the governing body of the sponsor requesting reimbursement.

3. Requests for regional facilities also shall include a copy of the agreement between the participating localities that addresses how financial and operational responsibilities are allocated.

4. When submitting the planning study for review, a sponsor may request to receive portions of the total project reimbursement based upon the completion of the project in phases.

5. The board shall consider the planning study as soon as reasonably practicable following the department's review and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing the planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project in accordance with § 16.1-309.5 of the Code of Virginia and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

6VAC35-30-45. Effect of legislative moratorium.

A. In such times when If the Virginia General Assembly has imposed a moratorium on construction and reimbursement of construction costs, the sponsor shall follow the requirements of this chapter in order to preserve the option to seek reimbursement in the future.

B. To obtain any reimbursement thereafter, the sponsor shall may:

1. Pursue a legislative exception to the moratorium on construction and reimbursement of construction costs; or

2. Request reimbursement at such time as when the Virginia General Assembly authorizes funding for such projects.

C. If, through an Appropriations Act, the Virginia General Assembly permits an exception to the legislative moratorium established in subsection A of this section for the reimbursement of funds used for emergency maintenance projects necessary to resolve immediate life safety issues in a juvenile residential facility, and a sponsor seeks reimbursement in accordance with the Appropriations Act, the following requirements shall apply:

1. The sponsor shall initiate the reimbursement process by complying with the prescreening requirements in 6VAC35-30-35 and shall be subject to any additional regulatory requirements contained in this chapter, based upon the category under which the project falls;

2. Eligibility for reimbursement shall be contingent upon approval by the board and the Secretary of Public Safety and Homeland Security; and

3. If the board votes to approve the exception, it shall adopt an emergency resolution authorizing the exception. The resolution shall provide that reimbursement is subject to the availability of funds and approval by the General Assembly at its next regular session.

6VAC35-30-60. Criteria for board funding recommendation.

A. Demonstrated need. The board shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment needs assessment and Planning Study planning study.

B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the facility's interior design of the facility with special concern for attention to the number of staff required, functional layout, material selection, and energy efficiency, with and special emphasis on meeting the needs of youth and the mission of the facility.

C. Construction cost. All sponsors shall calculate construction costs in accordance with the funding formula provided in 6VAC35-30-65. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities and provide documentation of the methodology.

D. Board review Economy of construction costs. The economy of construction cost is necessary and board shall be reviewed as follows consider the economy of construction costs in accordance with the following:

1. Review Construction economy may be questioned and reviewed in relation to comparable projects within the last five years.

2. Economy of construction cost shall be reviewed for efficiency.

a. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the for maximum efficiency. The board shall review the efficiency of the renovated spaces, the appropriateness of the proposed changes for the population served, and the relationship of the changes to the project of facility as a whole, and whether the proposed changes are consistent with federal and state statutes and regulations.

b. Projects of new construction Construction projects shall be reviewed for the building's appropriate efficiency ratio. The board may request further information from the sponsor on projects with a building's efficiency ratio of less than 65%.

2. 3. The board may adjust the amount being requested approved project cost eligible for reimbursement funding as follows:

a. A reduction decrease in funding the estimated project cost when functional areas of the facility, such as the kitchen, recreation area, educational facilities, visiting area, and or laundry facilities are not included in the project or are included at a size not in conformance with applicable regulations or normal practice;

b. An increase in funding the estimated project cost when support services areas are proposed at sizes larger than necessary in anticipation of future enlargements or expansions of the facility;

c. A decrease in funding the estimated project cost when the building's efficiency ratio is less than 65%; and

d. An increase in funding the estimated project cost when the facility includes areas for extraordinary program activities.

3. Any adjustments made by the board in funding shall be based upon the gross square footage of the various conditions multiplied by a cost equal to the adjusted median cost or the proposed gross square foot cost of the facility, whichever is less.

E. Phased reimbursement of projects. A sponsor The board may approve a sponsor's request, when submitting the planning study for review, to receive portions of the total project reimbursement based upon the completion of the project in phases. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor instead of a single payment; however, reimbursement payments will be in amounts proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to be placed in service.

6VAC35-30-65. Funding formula. (Repealed.)

A. The following funding formula shall be used to calculate estimated construction costs at the Schematic Design (15%) Documents level in the planning study phase:

1. A cost per square foot base figure shall be the national median square-foot cost for jails published in the 24th annual edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with consideration taken of the "location factor," which is the materials and labor cost differential specific to the project's geographical location.

2. The cost per square foot, adjusted using the location factor, must be in accordance with all applicable codes and standards and in accordance with the following formula:

National cost per square foot (from Means)

X Location Factor (from Means)

X Area allowance per bed (as provided for in subsection B of this section)

= Adjusted median construction cost of local facility.

3. The total project cost shall include:

a. Construction cost;

b. Site and utilities (from Means);

c. Architectural and Engineering services (services as defined in the Construction and Professional Services Manual (CPSM));

d. Furnishing and equipment (as itemized by the sponsor);

e. Project inspection (services as defined in the CPSM);

f. Contingency (10.0%);

g. Inflation factor (yearly market inflation rate applied from January 1 of the year of the submitted design through the midpoint of construction, compounded);

h. Property purchased specifically for this facility; and

i. Other.

B. The following area allowances per bed shall be used to calculate the adjusted median construction cost of a local facility:

1. A maximum of 700 square feet per bed for facilities up to 35 residents;

2. A maximum of 650 square feet per bed for facilities of 36 to 79 residents; and

3. A maximum of 550 square feet per bed for facilities with 80 or more residents.

6VAC35-30-70. Funding priorities.

The board shall prioritize reimbursement requests in a manner to ensure that ensures an equitable distribution of state funds across the Commonwealth; and, absent. Absent a health, safety, or welfare risk requiring priority, the board shall ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by demonstrated in the needs assessment.

6VAC35-30-80. Board recommendations to the Governor.

A. The department shall notify provide a written notification to the sponsor in writing within seven business 10 days of the board's decision to recommend or not decline to recommend a project for reimbursement. If the recommendation is not board declines to recommend reimbursement, the department shall briefly explain the rationale for the decision.

B. The board shall submit to the Governor, or his the Governor's designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; for those recommendations and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.

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

Part IV III

Project Development

6VAC35-30-90. Preliminary design.

A. The sponsor shall submit preliminary design (35%) documents to the department as defined outlined in the CPSM and required by approved department procedures.

B. Preliminary The department shall review the preliminary design (35%) documents shall be reviewed by the department within 45 days of receipt of the document for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein into this chapter.

1. If the department requires changes to the preliminary design (35%) documents, the department shall provide the sponsor with a written notification of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to the department provide a written response to all comments received from the department in the preliminary design review. Necessary The sponsor may incorporate necessary revisions to the project documents may be incorporated in the submission of the construction documents (referred to as the "working drawings" in the CPSM); however, all issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the construction document phase (referred to as the "working drawings phase" in the CPSM).

C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed been approved to proceed to the construction documents phase.

6VAC35-30-100. Construction documents.

A. The sponsor shall submit to the department construction documents to the department as defined outlined in the CPSM and required by approved department procedures. The construction documents shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents incorporated herein into this chapter, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, requires changes to the construction documents, the department shall provide the sponsor with a written communication of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to provide the department with a written response to all comments received from the department in the construction document review. All issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the bidding phase.

C. When all review comments have been the sponsor has addressed and resolved all review comments, the department shall approve the construction documents and advise the sponsor in writing, as required in approved department procedures, that the project may progress to the bidding phase (referred to as the "bid documents phase" in the CPSM).

6VAC35-30-110. Change order Design change process.

If, during the project development stage, any a substantive change in the scope of the project, any or an increase in the estimated cost of construction, or any change in the operational staff requirements occurs for which the sponsor will seek reimbursement, the department may suspend 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 and determine next steps. The department may require the sponsor to comply with any or all steps outlined in 6VAC35-30-15 through 6VAC35-30-100.

6VAC35-30-115. Failure to initiate construction within three years.

If a locality fails to execute a construction contract for the approved project within three years of the department's notice of approval of the planning study, the board approval shall expire unless the sponsor submits a written request to the board for an extension. The board may grant an extension or require the sponsor to amend the locality's needs assessment for resubmission in accordance with the process established in 6VAC35-30-42.

Part V IV

Project Construction

6VAC35-30-120. Bidding.

After bids for construction have been received and opened and the sponsor has determined to proceed with the project, the sponsor shall submit to the department a bid tabulation, analysis, and recommendation as to regarding the award of the contract. Any The department shall forward written comments by the department shall be forwarded in response to the sponsor within five business seven days of receipt; and the sponsor shall respond to the comments in writing within 10 business days of receipt of the department's comments. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the sponsor's recommendation as to regarding the award of the contract.

6VAC35-30-130. Construction.

A. During the project construction of all projects, the sponsor shall submit monthly inspection or and construction progress reports to the department in accordance with a schedule provided by the sponsor. The If the sponsor identifies any issues as part of the monthly submission, the sponsor shall submit the reports to the department no later than the 15th day of the month following the inspection or when the progress report became due explain the issue and the plan of action for addressing the issue or problem. The department shall notify the sponsor in writing within 10 business 14 days after receipt of the inspection or progress report regarding any issues or problems with the project or the reports. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.

B. Any substantive change If, during the construction phase of the project, a locality makes a change deemed substantive due to either (i) an increase in the project cost of $50,000 or more or (ii) accumulated change orders that exceed 25% of the original contract amount, the sponsor shall be submitted submit the change orders in writing to the department for review and approval before any such implementing the change is executed. Only those changes that are approved through the approved department procedure shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part.

C. Any substantive change for which the sponsor seeks additional reimbursement shall be subject to the requirements in 6VAC35-30-180 C.

6VAC35-30-140. Final inspection.

A. Upon construction completion, the sponsor shall establish a schedule for ensure final inspection of the project. This schedule, which shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the schedule project; (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) the submission of a report of completed actions to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide to the department with copies of all required regulatory agency letters verifying approval of the completed project and shall (ii) certify to the department the completion of the project.

6VAC35-30-150. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record." The record documents shall be prepared as defined in the CPSM and in accordance with approved department procedures.

Part VI V

Private Construction of Juvenile Facilities

6VAC35-30-160. Private construction of juvenile facilities.

Section 16.1-322.5 of the Code of Virginia allows the board to authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or design and construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by § 16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter seek authorization from the board before entering into such contracts by certifying and submitting documentation to the board demonstrating that both the sponsor and the contractor have satisfied all applicable requirements mandated by § 16.1-322.5 of the Code of Virginia. The board shall review the documentation and may not approve private contracts that do not satisfy the applicable requirements in § 16.1-322.5 of the Code of Virginia.

Part VII VI

Final Reimbursement

6VAC35-30-180. Request for final reimbursement for all projects.

A. Upon completion of the project, the sponsor shall submit to the department a written request for final reimbursement for the applicable project, along with documentation specified by approved department procedures to the department supporting the request.

B. If the final amount of reimbursement requested is not greater than the reimbursement amount initially recommended, including the contingency, the department shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The In no case shall the reimbursement request shall be in the form specified by the department amount exceed 50% of the actual project costs.

C. If the final amount of reimbursement requested is greater than the reimbursement amount initially recommended, the department shall process the initial reimbursement amount in accordance with subsection B of this section. For any increase in costs over the amount of the initial board-approved reimbursement, the sponsor shall justify the cost increase and submit the a written adjusted reimbursement request, including justification for the cost increase, to the board and the Governor, or his the Governor's designee, for approval.

D. The availability of funds for reimbursement, as approved, is contingent on the appropriation of funds by the General Assembly.

6VAC35-30-185. Guidelines for document submission.

In order to assist localities in complying with the requirements of this chapter, the department shall establish guidelines governing the form and process for submission of all documents required in this chapter.

6VAC35-30-190. Compliance.

Failure to comply with these regulations this chapter will delay the review process and recommendation for disbursement of funds, may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house residents in the facility as provided for in the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-30)

The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, revised March 2001, Department of Juvenile Justice.

Construction and Professional Services Manual, Revision 1, October 2004, Department of General Services, Division of Engineering and Buildings.

R.S. Means Facilities Construction Cost Data 2009, 24th Annual Edition, R.S. Means-Reed Construction Data (http://rsmeans.reedconstructiondata.com).

Construction and Professional Services Manual, Revision 0, March 17, 2025, Department of General Services, Division of Engineering and Buildings

Chapter 35

Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities

Part I

General Information

6VAC35-35-10. Definitions.

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

"Board" means the Board of Juvenile Justice.

"Board regulation" means a regulation or section or subsections of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Day" means calendar day unless otherwise specified.

"Department" means the Department of Juvenile Justice.

"Enlargement" or "expansion" means the extension of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or will be regulated by the board and is owned, maintained, or operated by a political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with a political subdivision or combination of political subdivisions of the Commonwealth and is or will be regulated by the board.

"Project" means a proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or by board regulation.

"Renovation" means the alteration or other modification of an existing facility for the purpose of changing the use or capability of such facility as may be determine by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility that generally may be associated with normal wear and tear and included in routine maintenance.

"Sponsor" means a city, county, commission, or a combination of these entities, or a private entity under contract or arrangement with a city, county, commission, or a combination of these entities that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means a deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with a board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement.

"Written" means the required information is communicated in writing either in hard copy or in electronic form.

6VAC35-35-20. Applicability of this chapter.

This chapter applies to projects for which a locality is not seeking reimbursement from the Commonwealth, either now or in the future. Projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future should funding become available or through legislative enactment shall be subject to the requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

Part II

Process for Projects

6VAC35-35-30. Prescreening.

A. A sponsor planning construction, renovation, enlargement, or expansion of a local facility, regardless of whether the sponsor is seeking reimbursement from the Commonwealth pursuant to § 16.1-309.5 of the Code of Virginia, shall submit an initial written request to the department that shall include a graphic, if available, showing the proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure.

B. The department shall review the initial request, classify the request in accordance with the classifications established in subsection C of this section, and inform the sponsor in writing whether, based on these classifications, the project is subject to this chapter. The department shall notify the sponsor of the classification as soon as practicable but no later than 30 days after receiving the initial request from the sponsor.

C. The department shall determine under which of the following categories the request falls.

1. Projects subject to this chapter. Projects for which the locality is not seeking reimbursement now or in the future shall be subject to the requirements of this chapter.

2. Projects subject to Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). Any construction, enlargement, renovation, or other modification of an existing local facility or piece of stationary equipment, including security related upgrades, for which the sponsor seeks reimbursement shall be subject to the requirements of Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs.

D. If the department fails to respond within the 30-day timeframe, the sponsor may proceed with the reimbursement process established in 6VAC35-30 or the process established under this chapter, as applicable.

E. A sponsor shall not be required to follow the requirements of this section for routine maintenance projects, projects that will not affect the facility's compliance with other board regulations, and other projects that involve minor changes to the facility. These projects shall not be subject to this chapter and shall be excluded from department review.

6VAC35-35-40. Project overview requirements.

A. If the department determines that the project is subject to this chapter pursuant to 6VAC35-35-30 C, the sponsor shall prepare and submit to the department for review a project overview that shall explain the purpose of the proposed project and the need the project is intended to address.

B. The project overview shall include a description of the facility's existing or proposed program, a description of the proposed project, architectural and engineering drawings at the Schematic Design Document level, and the project's anticipated schedule for completion.

C. The department shall review the project overview upon receipt of the document and provide comments regarding the project's proposed compliance with statutes, regulations, and guidance documents applicable to this chapter.

1. If, after conducting the review mandated in this subsection, the department recommends changes to the construction documents, all such recommended changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review.

6VAC35-35-50. Construction documents.

A. The sponsor shall submit to the department construction documents, which shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents for compliance with applicable statutes, regulations, and guidance documents. This review shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, recommends changes to the construction documents, all such changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review. All issues raised in the department's comments shall be addressed before the project proceeds to the bidding phase.

C. When the sponsor has addressed all review comments, the department shall advise the sponsor in writing that the project may progress to the construction phase.

6VAC35-35-60. Design change process.

If, during the project development stage, a substantive change in the scope of the project occurs, the department may suspend the review process and determine next steps, which may include any or all steps outlined in 6VAC35-35-10 through 6VAC35-35-50.

6VAC35-35-70. Construction.

If a substantive change occurs during the construction phase, the sponsor shall submit a written explanation of the change to the department for review and comment before the change is executed.

6VAC35-35-80. Final inspection.

A. Upon construction completion, the sponsor shall ensure final inspection of the project, which shall include: (i) notification to the department and all regulatory agencies that reviewed construction documents of the project; (ii) a request to the staff or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) submission of a report of completed action to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide the department with copies of all required regulatory agency letters verifying approval of the completed project and (ii) certify to the department completion of the project.

6VAC35-35-90. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record."

6VAC35-35-100. Compliance.

Failure to comply with this chapter may prevent the facility from obtaining board certification or department approval to house residents in the facility as provided in § 16.1-309.9 of the Code of Virginia and the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

6VAC35-101-350. Buildings and inspections.

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51 13VAC5-52) shall be maintained. If the fire prevention authorities have failed to timely inspect the detention center's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. A current copy of the detention center's annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the systems listed below in this subsection shall be maintained. These inspections shall be of the:

1. General sanitation;

2. Sewage disposal system;

3. Water supply; and

4. Food service operations.

D. Building plans and specifications for new construction, change in use of existing buildings, and any structural modifications or additions to existing buildings shall be submitted to and approved by the regulatory authority and by other appropriate regulatory agencies. Any planned construction, renovation, enlargement, or expansion of a detention center for which the locality seeks or plans to seek reimbursement pursuant to § 16.1-309.5 of the Code of Virginia shall follow the submission and approval requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) and of any other applicable regulatory authorities. All other plans for construction, renovation, enlargement, or expansion of a detention center shall follow the submission and approval requirements of the Regulation Governing the Planning, Design, and Construction of Local Juvenile Residential Facilities (6VAC35-35).

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Proposed Regulation

Titles of Regulations: 6VAC35-20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (amending 6VAC35-20-69).

6VAC35-30. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (amending 6VAC35-30-20, 6VAC35-30-35, 6VAC35-30-40, 6VAC35-30-45, 6VAC35-30-60, 6VAC35-30-70 through 6VAC35-30-110, 6VAC35-30-120 through 6VAC35-30-160, 6VAC35-30-180, 6VAC35-30-190; adding 6VAC35-30-15, 6VAC35-30-42, 6VAC35-30-115, 6VAC35-30-185; repealing 6VAC35-30-10, 6VAC35-30-65).

6VAC35-35. Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (adding 6VAC35-35-10 through 6VAC35-35-100).

6VAC35-101. Regulation Governing Juvenile Secure Detention Centers (amending 6VAC35-101-350).

Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: June 5, 2026.

Agency Contact: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, fax (804) 371-6497, or email kenneth.davis@djj.virginia.gov.

Basis: Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice to promulgate regulations concerning the Commonwealth's reimbursement to localities for one-half the cost of construction, enlargement, renovation, purchase, or rental of a detention home or other facilities, including establishing criteria for evaluating reimbursement requests and ensuring the geographically equitable distribution of state funds provided for such purpose. Section 16.1-309.9 of the Code of Virginia requires the board to approve minimum standards for the construction and equipment of detention homes or other facilities and authorizes the board to prohibit the placement of juveniles in places of residence that do not comply with these minimum standards. Section 66-10 of the Code of Virginia authorizes the board to promulgate regulations necessary to carry out the provisions of Title 66 of the Code of Virginia and other laws of the Commonwealth.

Purpose: This action is essential to the public welfare because it enhances efficiency for localities altering applicable juvenile facilities. By creating an expedited process for facility projects with no state funding, the action reduces the burden on existing local resources so that such resources can be better directed to the youth residing in these facilities.

Substance: The proposed amendments (i) add a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), to establish a process to address projects for which a locality is not seeking reimbursement from the Commonwealth; (ii) limit the application of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) to localities seeking reimbursement or seeking to preserve the option for reimbursement funding; (iii) add a three-year deadline for localities to execute a construction contract after the board approves the locality's planning study; (iv) update and clarify application and review procedures for reimbursement; (v) establish a process for localities pursuing state reimbursement for qualifying emergency maintenance projects; (vi) repeal the current funding formula for determining construction costs; (vii) update the final inspection process; (viii) remove language authorizing reimbursement for privately contracted projects; (ix) set out a process for reimbursements when the request exceeds the previously requested amount; and (x) make technical changes.

Issues: The primary advantage of this action to the public, the agency, and the Commonwealth is that it streamlines and clarifies the process for localities seeking to construct new juvenile residential facilities or modify existing facilities, regardless of whether the state reimburses the locality for the project, which will smooth the path for completion of the project to the benefit of the residents in these facilities and the staff responsible for their care. Eliminating the outdated, prescriptive funding formula on which localities seeking reimbursement base their estimated construction costs will allow the locality greater flexibility in determining construction costs. Allowing localities that forgo the reimbursement process to provide the Department of Juvenile Justice with a project overview, rather than the more detailed statement of need and planning study documents, and permitting the department to remain involved throughout various stages of the project will help ensure that the construction or modification is consistent with industry standards, thereby ensuring the safety of juveniles residing in such facilities. There are no disadvantages to the public, the agency, or the Commonwealth.

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. Pursuant to a 2019 periodic review,² the Board of Juvenile Justice (board) proposes to eliminate outdated provisions, and to simplify practices for all localities engaging in juvenile detention center and group home construction, renovation, or enlargement. The board also proposes to create a new regulation (6VAC35-35) to establish a process for localities to plan, design, and construct a juvenile detention facility in cases where they have no intention of seeking state reimbursement.

Background. 6VAC35-30 establishes the processes that must be followed when constructing, renovating, enlarging, or otherwise altering certain facilities. These facilities are locally operated and commission operated juvenile detention centers, and locally or regionally operated juvenile group homes and similar residential facilities that are regulated by the Department of Juvenile Justice (DJJ). Generally, the requirements pertain to prescreening, preliminary design, needs assessment, planning study, funding formula, Governor approval, construction contract, design change orders, monthly inspection and progress reports, and final inspection. Pursuant to the periodic review, the board proposes to eliminate outdated provisions and simplify practices for all localities engaging in such projects; the board also establishes a new regulation (6VAC35-35) to create a process for localities to use when planning, designing, and constructing a new facility in cases where they do not intend to seek reimbursement for such projects through any available mechanisms. This action also makes conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101). According to DJJ, although the statute requires the Commonwealth to reimburse localities for qualifying projects, the General Assembly has included language in the Appropriation Act since 2003 that prohibits the board from approving funds for state reimbursement of applicable construction, enlargement, or renovation costs for these facilities.³ In essence, 6VAC35-30 requires localities constructing or modifying eligible juvenile facilities to undergo an arduous process involving the completion of reports tied specifically to funding, despite the fact that reimbursement funding available through the mandated process has been frozen for many years, and most localities choose not to avail themselves of mechanisms for state funding. In summary, the board proposes to simplify the regulatory reimbursement process for localities that seek state funding (6VAC35-30); create a new chapter with a simpler process for localities that do not seek state funding (6VAC35-35); and make conforming changes to other related regulatory chapters (i.e., 6VAC35-20 and 6VAC35-101).

Estimated Benefits and Costs. One of the substantive changes the board proposes would eliminate the complex funding formula to calculate estimated construction costs. According to DJJ, eliminating the funding formula would ease the regulatory burden for localities and allow them to work with their architects and engineers to determine construction costs. The funding formula has been a problem for localities because it is prescriptive in nature and has proven to be unreliable. For instance, the formula relies on figures derived from adult facilities, which have different populations and structures than juvenile facilities. Since this change pertains to localities that seek state reimbursement, and this funding has been frozen since 2003, this change may reduce the administrative costs for localities seeking reimbursement and improve the accuracy of cost estimates if and when the funding freeze is eliminated by the General Assembly. The second substantive change would add language describing how the regulation would apply if an exception to the legislative moratorium occurs although no exception has been granted so far. The Appropriation Act language has frozen funding but at the same time provides the board authority to grant exceptions to address emergency maintenance projects needed to resolve immediate life and safety issues. The current regulation does not address the process to be followed if and when the board grants such an exception, but any emergency projects must also comply with the board standards. Thus, this change is expected to clarify the steps a locality would follow should the board grant an exception. The third proposed change would create a new regulation that establishes a simpler process for projects where the locality is not seeking state reimbursement. Compared to the process used when a locality seeks reimbursement, this new process would be simplified by excluding requirements for a planning study, Governor approval, a construction contract, and monthly inspection or progress reports. According to DJJ, there have been four projects in the past 10 years where the locality was not seeking reimbursement, including one project at Chesapeake juvenile detention center that is now in its early stages; and there have been no such group home projects. Also, a simpler process would mean DJJ would devote fewer resources to the review of unnecessary documents, and would play a diminished role in the review process. Finally, the proposal would make conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101) to reflect the substantive amendments. In short, DJJ expects the proposal to streamline, clarify, and enhance the efficiency of the process used by DJJ and localities seeking to construct new juvenile residential facilities or modify existing facilities, and allow an expedited process for facility projects with no state funding to reduce the burden on existing local and DJJ resources.

Businesses and Other Entities Affected. The proposed amendments apply to localities constructing, renovating, or enlarging juvenile detention centers, group homes, or similar residential facilities. Because of the statutory moratorium on state funding for such facilities, no such facilities have received state reimbursement since 2003. There have been four locally funded detention center facility projects in Counties of Loudoun and Prince William and Cities of Chesapeake and Bristol and no locally funded group home projects in the past 10 years. No locality appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ The proposal does not increase costs or reduce revenues for localities. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments neither introduce costs for localities nor disproportionately affect them. In fact, the proposal would likely reduce the administrative costs associated obtaining a DJJ approval for localities constructing or expanding regulated facilities, regardless of whether or not they seek state funding.

Projected Impact on Employment. The proposed amendments do not appear to have the potential to significantly affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

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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 https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=1710.

³ See Item 446 A of Chapter 1042 of 2003 Acts of General Assembly at https://budget.lis.virginia.gov/item/2003/1/HB1400/Chapter/1/446/.

⁴ 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.

⁵ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice has reviewed the economic impact analysis prepared by the Department of Planning and Budget and agrees with the analysis.

Summary:

The proposed amendments (i) simplify the process for localities that seek state reimbursement for construction, renovation, enlargement, or other alterations of certain juvenile detention centers, juvenile group homes, and similar residential facilities; (ii) create a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), which establishes a process for localities that are not seeking state reimbursement; and (iii) make conforming changes to other related chapters.

6VAC35-20-69. Newly opened facilities and new construction, expansion, or renovation of residential facilities.

A. When a newly opened facility seeks certification to allow the admission of residents, the facility administrator shall contact the director or designee to request a review of the facility for conditional certification.

B. The facility administrator and the department shall follow the requirements of this chapter and department procedures in reviewing a facility prior to admission of residents. New construction, expansions, and renovations in all juvenile residential facilities, whether or not the facility or its sponsor is seeking reimbursement for construction or operations, shall conform to the governing provisions of the following regulations:

1. Regulation Governing Juvenile Correctional Centers (6VAC35-71);

2. Regulation Governing Juvenile Secure Detention Centers (6VAC35-101); and

3. Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41); and

4. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

C. In addition to the requirements in subsection B of this section, a juvenile residential facility seeking reimbursement for construction or operations pursuant to § 16.1-309.5 of the Code of Virginia or seeking to preserve the option to obtain reimbursement in the future shall conform to the governing provisions of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). A juvenile residential facility that is not seeking such reimbursement shall be subject to the governing provisions of the Regulations Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

C. D. A newly constructed, expanded, or renovated facility shall, except as provided in subsection D E of this section, obtain conditional certification as provided in 6VAC35-20-100 prior to the placement of residents in the new facility or portion of an existing facility subject to the expansion or renovation.

D. E. The director or designee shall consider the request for certification within 60 days of receiving the request and report of the basic audit findings. Actions taken by the director or designee shall be governed by the provisions of 6VAC35-20-100.

6VAC35-30-10. Introduction. (Repealed.)

Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.

Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:

1. The Virginia Public Procurement Act, Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;

2. The Construction and Professional Services Manual (CPSM), October 2004, issued by the Department of General Services, Division of Engineering and Building;

3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, March 2001, issued by the Department of Juvenile Justice; and

4. The Agency Procurement and Surplus Property Manual (1VAC30-130), issued by the Department of General Services, Division of Purchases and Supply.

Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Juvenile Justice. Using regulations promulgated by the board and by working together as partners from project planning through project construction and program implementation, the locality or localities and the department ensure that the optimum number of children are provided high quality services at a minimum cost to the locality or localities and to the Commonwealth.

6VAC35-30-15. Applicability of this chapter.

This chapter applies to projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future either (i) through legislative enactment or (ii) should funding become available. Projects for which the locality is not seeking reimbursement, either now or in the future, shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), unless otherwise specified.

Part II

Definitions

6VAC35-30-20. Definitions.

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

"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity as provided herein in this chapter.

"Board" means the Virginia Board of Juvenile Justice.

"Board-approved funding formula" means the method by which construction costs are calculated as provided for in 6VAC35-30-65.

"Board regulation" means a regulation or section or subsections thereof of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Construction and Professional Services Manual" or "CPSM" means the manual issued by the Commonwealth of Virginia's Department of General Services Division of Engineering and Building that sets forth the standards, policies, terms, conditions, and procedures that state agencies and institutions must follow in procuring professional design and construction services.

"Day" means calendar day unless otherwise specified.

"Department" or "DJJ" means the Department of Juvenile Justice.

"Efficiency ratio" means the proportion of a building's net usable area to its gross floor area.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

"Enlargement" or "expansion" means the expansion of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or may will be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may will be regulated by the board.

"Needs assessment" means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.

"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the Schematic Design (15%) Document level, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected design, construction, operation, maintenance costs, and a cost/benefit analysis.

"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board regulation.

"Renovation" means the alteration or other modification of an existing facility or piece of equipment for the purpose of changing the use or capability of such facility or equipment as may be determined by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility or equipment that generally may be associated with normal wear and tear and included in routine maintenance.

"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

"Sponsor" means a city, county, commission, or any combination thereof of these entities, or any private entity under contract or arrangement with any a city, county, commission, or any combination thereof of these entities, that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement, as detailed in approved department procedures.

"Written" means the required information is communicated in writing either in hard copy or electronic form.

Part III II

Procedures Reimbursement Request Process

6VAC35-30-35. Prescreening.

A. Any A sponsor planning any a construction, renovation, enlargement, or expansion of a local facility and seeking state reimbursement in accordance with § 16.1-309.5 of the Code of Virginia shall submit an initial writing written request to the department that shall include a graphic showing any proposed structural changes and a brief description of the project, including all operating capacity or programmatic changes to be accommodated by the structure, and a graphic showing the proposed structural changes if available. The department shall review the initial writing written request, determine the appropriate classification in accordance with subsection B of this section, and inform provide a written notification to the sponsor in writing as to whether the project is subject to this regulation chapter as soon as practicable but no later than 30 days from the receipt of after receiving the initial writing request from the sponsor. If the department fails to respond in the required time frame timeframe, the sponsor may proceed with the reimbursement request in accordance with this chapter.

B. Any request The department shall be determined to be in one determine under which of the following categories the request falls:

1. For any new construction, change Projects subject to this entire chapter. Construction, enlargement, or modification other modifications of an existing local facility or piece of stationary equipment, including security related security-related upgrades, for which the sponsor seeks reimbursement and that will affect the facility's compliance with a board regulation,; result in a change in certification or licensure status,; or result in increased square footage, bed space, or capacity shall be subject to this regulation chapter.

2. Projects subject to 6VAC35-30-180. For any each facility enhancements enhancement not provided for in subdivision 1 of this subsection for which the sponsor seeks reimbursement, the sponsor shall submit to the board for approval a project overview and cost estimates to the board for approval and that includes a brief description of the project, a justification for why the project is necessary, and any other pertinent information, as well as an estimate of the total projected cost of the project. The project shall be subject to the requirements of 6VAC35-30-180. The department and board may require additional documentation.

3. Minor changes, such as routine maintenance, This category shall not be subject to this regulation and shall be managed informally in accordance with department procedures apply to construction projects.

C. A sponsor shall not be required to comply with the requirements of this section for the following projects:

1. Routine maintenance projects and other projects that involve minor changes to the facility; and

2. Projects for which the locality is not seeking reimbursement now or in the future. These projects shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

6VAC35-30-40. Reimbursement request deadlines.

A. Requests. For all projects subject to all or a portion of this regulation chapter, classified in accordance with 6VAC35-30-35 B 1 and B 2, the department shall advise the sponsor or the sponsor's designated representative of the deadline for submissions necessary to obtain approval, (i) from the board; (ii) for inclusion in the department's budget request to the Governor, if applicable; and (iii) for consideration during the next General Assembly session, if applicable.

B. Needs assessment. The sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall consider the needs assessment at its next regularly scheduled meeting and shall approve, reject, or return the needs assessment.

1. If the needs assessment is approved by the board, the department shall advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project.

2. If the needs assessment is returned to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision, in writing, within seven business days of the board's decision.

C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.

2. The board shall consider the planning study at its next regularly scheduled meeting and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

3. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.

6VAC35-30-42. Needs assessment and planning study requirements.

A. Prior to the applicable deadline, for all projects classified under 6VAC35-30-35 B 1, the sponsor shall submit a needs assessment that shall demonstrate the need for the particular service, program, or facility and that shall include the following information:

1. The target population the project is seeking to impact;

2. The specific need of the target population the project is seeking to address;

3. An explanation as to why the specific need cannot be met with existing resources;

4. All alternatives considered to meet the identified need; and

5. The reason for rejecting the alternatives.

B. The department shall have a maximum of 45 days from receipt of the needs assessment to conduct a review of the assessment and to notify the sponsor regarding next steps.

C. The board shall consider the needs assessment submitted in accordance with subsection A of this section as soon as practicable following the department's review and shall approve, reject, or return the needs assessment.

1. If the board approves the needs assessment, the department shall advise the sponsor of the board's decision and of the project's approved advancement to the planning study phase pending the Governor's approval.

2. If the board elects to return the needs assessment to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision within 10 days and provide a written record upon adoption of the applicable board minutes.

D. Upon the board's approval of the needs assessment and before the applicable deadline, the sponsor shall submit to the department a complete planning study that shall explain why the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall include a program description; project description; architectural and engineering drawings at the Schematic Design Document level; an explanation of the relationship of the project to existing facilities or structures; the project's schedule; a detail of the project's total projected design, construction, and operation cost, including personnel and maintenance costs; and a cost-benefit analysis.

2. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested in accordance with § 16.1-309.5 of the Code of Virginia and a resolution from the governing body of the sponsor requesting reimbursement.

3. Requests for regional facilities also shall include a copy of the agreement between the participating localities that addresses how financial and operational responsibilities are allocated.

4. When submitting the planning study for review, a sponsor may request to receive portions of the total project reimbursement based upon the completion of the project in phases.

5. The board shall consider the planning study as soon as reasonably practicable following the department's review and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing the planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project in accordance with § 16.1-309.5 of the Code of Virginia and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

6VAC35-30-45. Effect of legislative moratorium.

A. In such times when If the Virginia General Assembly has imposed a moratorium on construction and reimbursement of construction costs, the sponsor shall follow the requirements of this chapter in order to preserve the option to seek reimbursement in the future.

B. To obtain any reimbursement thereafter, the sponsor shall may:

1. Pursue a legislative exception to the moratorium on construction and reimbursement of construction costs; or

2. Request reimbursement at such time as when the Virginia General Assembly authorizes funding for such projects.

C. If, through an Appropriations Act, the Virginia General Assembly permits an exception to the legislative moratorium established in subsection A of this section for the reimbursement of funds used for emergency maintenance projects necessary to resolve immediate life safety issues in a juvenile residential facility, and a sponsor seeks reimbursement in accordance with the Appropriations Act, the following requirements shall apply:

1. The sponsor shall initiate the reimbursement process by complying with the prescreening requirements in 6VAC35-30-35 and shall be subject to any additional regulatory requirements contained in this chapter, based upon the category under which the project falls;

2. Eligibility for reimbursement shall be contingent upon approval by the board and the Secretary of Public Safety and Homeland Security; and

3. If the board votes to approve the exception, it shall adopt an emergency resolution authorizing the exception. The resolution shall provide that reimbursement is subject to the availability of funds and approval by the General Assembly at its next regular session.

6VAC35-30-60. Criteria for board funding recommendation.

A. Demonstrated need. The board shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment needs assessment and Planning Study planning study.

B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the facility's interior design of the facility with special concern for attention to the number of staff required, functional layout, material selection, and energy efficiency, with and special emphasis on meeting the needs of youth and the mission of the facility.

C. Construction cost. All sponsors shall calculate construction costs in accordance with the funding formula provided in 6VAC35-30-65. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities and provide documentation of the methodology.

D. Board review Economy of construction costs. The economy of construction cost is necessary and board shall be reviewed as follows consider the economy of construction costs in accordance with the following:

1. Review Construction economy may be questioned and reviewed in relation to comparable projects within the last five years.

2. Economy of construction cost shall be reviewed for efficiency.

a. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the for maximum efficiency. The board shall review the efficiency of the renovated spaces, the appropriateness of the proposed changes for the population served, and the relationship of the changes to the project of facility as a whole, and whether the proposed changes are consistent with federal and state statutes and regulations.

b. Projects of new construction Construction projects shall be reviewed for the building's appropriate efficiency ratio. The board may request further information from the sponsor on projects with a building's efficiency ratio of less than 65%.

2. 3. The board may adjust the amount being requested approved project cost eligible for reimbursement funding as follows:

a. A reduction decrease in funding the estimated project cost when functional areas of the facility, such as the kitchen, recreation area, educational facilities, visiting area, and or laundry facilities are not included in the project or are included at a size not in conformance with applicable regulations or normal practice;

b. An increase in funding the estimated project cost when support services areas are proposed at sizes larger than necessary in anticipation of future enlargements or expansions of the facility;

c. A decrease in funding the estimated project cost when the building's efficiency ratio is less than 65%; and

d. An increase in funding the estimated project cost when the facility includes areas for extraordinary program activities.

3. Any adjustments made by the board in funding shall be based upon the gross square footage of the various conditions multiplied by a cost equal to the adjusted median cost or the proposed gross square foot cost of the facility, whichever is less.

E. Phased reimbursement of projects. A sponsor The board may approve a sponsor's request, when submitting the planning study for review, to receive portions of the total project reimbursement based upon the completion of the project in phases. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor instead of a single payment; however, reimbursement payments will be in amounts proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to be placed in service.

6VAC35-30-65. Funding formula. (Repealed.)

A. The following funding formula shall be used to calculate estimated construction costs at the Schematic Design (15%) Documents level in the planning study phase:

1. A cost per square foot base figure shall be the national median square-foot cost for jails published in the 24th annual edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with consideration taken of the "location factor," which is the materials and labor cost differential specific to the project's geographical location.

2. The cost per square foot, adjusted using the location factor, must be in accordance with all applicable codes and standards and in accordance with the following formula:

National cost per square foot (from Means)

X Location Factor (from Means)

X Area allowance per bed (as provided for in subsection B of this section)

= Adjusted median construction cost of local facility.

3. The total project cost shall include:

a. Construction cost;

b. Site and utilities (from Means);

c. Architectural and Engineering services (services as defined in the Construction and Professional Services Manual (CPSM));

d. Furnishing and equipment (as itemized by the sponsor);

e. Project inspection (services as defined in the CPSM);

f. Contingency (10.0%);

g. Inflation factor (yearly market inflation rate applied from January 1 of the year of the submitted design through the midpoint of construction, compounded);

h. Property purchased specifically for this facility; and

i. Other.

B. The following area allowances per bed shall be used to calculate the adjusted median construction cost of a local facility:

1. A maximum of 700 square feet per bed for facilities up to 35 residents;

2. A maximum of 650 square feet per bed for facilities of 36 to 79 residents; and

3. A maximum of 550 square feet per bed for facilities with 80 or more residents.

6VAC35-30-70. Funding priorities.

The board shall prioritize reimbursement requests in a manner to ensure that ensures an equitable distribution of state funds across the Commonwealth; and, absent. Absent a health, safety, or welfare risk requiring priority, the board shall ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by demonstrated in the needs assessment.

6VAC35-30-80. Board recommendations to the Governor.

A. The department shall notify provide a written notification to the sponsor in writing within seven business 10 days of the board's decision to recommend or not decline to recommend a project for reimbursement. If the recommendation is not board declines to recommend reimbursement, the department shall briefly explain the rationale for the decision.

B. The board shall submit to the Governor, or his the Governor's designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; for those recommendations and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.

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

Part IV III

Project Development

6VAC35-30-90. Preliminary design.

A. The sponsor shall submit preliminary design (35%) documents to the department as defined outlined in the CPSM and required by approved department procedures.

B. Preliminary The department shall review the preliminary design (35%) documents shall be reviewed by the department within 45 days of receipt of the document for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein into this chapter.

1. If the department requires changes to the preliminary design (35%) documents, the department shall provide the sponsor with a written notification of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to the department provide a written response to all comments received from the department in the preliminary design review. Necessary The sponsor may incorporate necessary revisions to the project documents may be incorporated in the submission of the construction documents (referred to as the "working drawings" in the CPSM); however, all issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the construction document phase (referred to as the "working drawings phase" in the CPSM).

C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed been approved to proceed to the construction documents phase.

6VAC35-30-100. Construction documents.

A. The sponsor shall submit to the department construction documents to the department as defined outlined in the CPSM and required by approved department procedures. The construction documents shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents incorporated herein into this chapter, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, requires changes to the construction documents, the department shall provide the sponsor with a written communication of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to provide the department with a written response to all comments received from the department in the construction document review. All issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the bidding phase.

C. When all review comments have been the sponsor has addressed and resolved all review comments, the department shall approve the construction documents and advise the sponsor in writing, as required in approved department procedures, that the project may progress to the bidding phase (referred to as the "bid documents phase" in the CPSM).

6VAC35-30-110. Change order Design change process.

If, during the project development stage, any a substantive change in the scope of the project, any or an increase in the estimated cost of construction, or any change in the operational staff requirements occurs for which the sponsor will seek reimbursement, the department may suspend 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 and determine next steps. The department may require the sponsor to comply with any or all steps outlined in 6VAC35-30-15 through 6VAC35-30-100.

6VAC35-30-115. Failure to initiate construction within three years.

If a locality fails to execute a construction contract for the approved project within three years of the department's notice of approval of the planning study, the board approval shall expire unless the sponsor submits a written request to the board for an extension. The board may grant an extension or require the sponsor to amend the locality's needs assessment for resubmission in accordance with the process established in 6VAC35-30-42.

Part V IV

Project Construction

6VAC35-30-120. Bidding.

After bids for construction have been received and opened and the sponsor has determined to proceed with the project, the sponsor shall submit to the department a bid tabulation, analysis, and recommendation as to regarding the award of the contract. Any The department shall forward written comments by the department shall be forwarded in response to the sponsor within five business seven days of receipt; and the sponsor shall respond to the comments in writing within 10 business days of receipt of the department's comments. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the sponsor's recommendation as to regarding the award of the contract.

6VAC35-30-130. Construction.

A. During the project construction of all projects, the sponsor shall submit monthly inspection or and construction progress reports to the department in accordance with a schedule provided by the sponsor. The If the sponsor identifies any issues as part of the monthly submission, the sponsor shall submit the reports to the department no later than the 15th day of the month following the inspection or when the progress report became due explain the issue and the plan of action for addressing the issue or problem. The department shall notify the sponsor in writing within 10 business 14 days after receipt of the inspection or progress report regarding any issues or problems with the project or the reports. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.

B. Any substantive change If, during the construction phase of the project, a locality makes a change deemed substantive due to either (i) an increase in the project cost of $50,000 or more or (ii) accumulated change orders that exceed 25% of the original contract amount, the sponsor shall be submitted submit the change orders in writing to the department for review and approval before any such implementing the change is executed. Only those changes that are approved through the approved department procedure shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part.

C. Any substantive change for which the sponsor seeks additional reimbursement shall be subject to the requirements in 6VAC35-30-180 C.

6VAC35-30-140. Final inspection.

A. Upon construction completion, the sponsor shall establish a schedule for ensure final inspection of the project. This schedule, which shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the schedule project; (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) the submission of a report of completed actions to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide to the department with copies of all required regulatory agency letters verifying approval of the completed project and shall (ii) certify to the department the completion of the project.

6VAC35-30-150. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record." The record documents shall be prepared as defined in the CPSM and in accordance with approved department procedures.

Part VI V

Private Construction of Juvenile Facilities

6VAC35-30-160. Private construction of juvenile facilities.

Section 16.1-322.5 of the Code of Virginia allows the board to authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or design and construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by § 16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter seek authorization from the board before entering into such contracts by certifying and submitting documentation to the board demonstrating that both the sponsor and the contractor have satisfied all applicable requirements mandated by § 16.1-322.5 of the Code of Virginia. The board shall review the documentation and may not approve private contracts that do not satisfy the applicable requirements in § 16.1-322.5 of the Code of Virginia.

Part VII VI

Final Reimbursement

6VAC35-30-180. Request for final reimbursement for all projects.

A. Upon completion of the project, the sponsor shall submit to the department a written request for final reimbursement for the applicable project, along with documentation specified by approved department procedures to the department supporting the request.

B. If the final amount of reimbursement requested is not greater than the reimbursement amount initially recommended, including the contingency, the department shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The In no case shall the reimbursement request shall be in the form specified by the department amount exceed 50% of the actual project costs.

C. If the final amount of reimbursement requested is greater than the reimbursement amount initially recommended, the department shall process the initial reimbursement amount in accordance with subsection B of this section. For any increase in costs over the amount of the initial board-approved reimbursement, the sponsor shall justify the cost increase and submit the a written adjusted reimbursement request, including justification for the cost increase, to the board and the Governor, or his the Governor's designee, for approval.

D. The availability of funds for reimbursement, as approved, is contingent on the appropriation of funds by the General Assembly.

6VAC35-30-185. Guidelines for document submission.

In order to assist localities in complying with the requirements of this chapter, the department shall establish guidelines governing the form and process for submission of all documents required in this chapter.

6VAC35-30-190. Compliance.

Failure to comply with these regulations this chapter will delay the review process and recommendation for disbursement of funds, may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house residents in the facility as provided for in the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-30)

The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, revised March 2001, Department of Juvenile Justice.

Construction and Professional Services Manual, Revision 1, October 2004, Department of General Services, Division of Engineering and Buildings.

R.S. Means Facilities Construction Cost Data 2009, 24th Annual Edition, R.S. Means-Reed Construction Data (http://rsmeans.reedconstructiondata.com).

Construction and Professional Services Manual, Revision 0, March 17, 2025, Department of General Services, Division of Engineering and Buildings

Chapter 35

Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities

Part I

General Information

6VAC35-35-10. Definitions.

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

"Board" means the Board of Juvenile Justice.

"Board regulation" means a regulation or section or subsections of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Day" means calendar day unless otherwise specified.

"Department" means the Department of Juvenile Justice.

"Enlargement" or "expansion" means the extension of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or will be regulated by the board and is owned, maintained, or operated by a political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with a political subdivision or combination of political subdivisions of the Commonwealth and is or will be regulated by the board.

"Project" means a proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or by board regulation.

"Renovation" means the alteration or other modification of an existing facility for the purpose of changing the use or capability of such facility as may be determine by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility that generally may be associated with normal wear and tear and included in routine maintenance.

"Sponsor" means a city, county, commission, or a combination of these entities, or a private entity under contract or arrangement with a city, county, commission, or a combination of these entities that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means a deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with a board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement.

"Written" means the required information is communicated in writing either in hard copy or in electronic form.

6VAC35-35-20. Applicability of this chapter.

This chapter applies to projects for which a locality is not seeking reimbursement from the Commonwealth, either now or in the future. Projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future should funding become available or through legislative enactment shall be subject to the requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

Part II

Process for Projects

6VAC35-35-30. Prescreening.

A. A sponsor planning construction, renovation, enlargement, or expansion of a local facility, regardless of whether the sponsor is seeking reimbursement from the Commonwealth pursuant to § 16.1-309.5 of the Code of Virginia, shall submit an initial written request to the department that shall include a graphic, if available, showing the proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure.

B. The department shall review the initial request, classify the request in accordance with the classifications established in subsection C of this section, and inform the sponsor in writing whether, based on these classifications, the project is subject to this chapter. The department shall notify the sponsor of the classification as soon as practicable but no later than 30 days after receiving the initial request from the sponsor.

C. The department shall determine under which of the following categories the request falls.

1. Projects subject to this chapter. Projects for which the locality is not seeking reimbursement now or in the future shall be subject to the requirements of this chapter.

2. Projects subject to Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). Any construction, enlargement, renovation, or other modification of an existing local facility or piece of stationary equipment, including security related upgrades, for which the sponsor seeks reimbursement shall be subject to the requirements of Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs.

D. If the department fails to respond within the 30-day timeframe, the sponsor may proceed with the reimbursement process established in 6VAC35-30 or the process established under this chapter, as applicable.

E. A sponsor shall not be required to follow the requirements of this section for routine maintenance projects, projects that will not affect the facility's compliance with other board regulations, and other projects that involve minor changes to the facility. These projects shall not be subject to this chapter and shall be excluded from department review.

6VAC35-35-40. Project overview requirements.

A. If the department determines that the project is subject to this chapter pursuant to 6VAC35-35-30 C, the sponsor shall prepare and submit to the department for review a project overview that shall explain the purpose of the proposed project and the need the project is intended to address.

B. The project overview shall include a description of the facility's existing or proposed program, a description of the proposed project, architectural and engineering drawings at the Schematic Design Document level, and the project's anticipated schedule for completion.

C. The department shall review the project overview upon receipt of the document and provide comments regarding the project's proposed compliance with statutes, regulations, and guidance documents applicable to this chapter.

1. If, after conducting the review mandated in this subsection, the department recommends changes to the construction documents, all such recommended changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review.

6VAC35-35-50. Construction documents.

A. The sponsor shall submit to the department construction documents, which shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents for compliance with applicable statutes, regulations, and guidance documents. This review shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, recommends changes to the construction documents, all such changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review. All issues raised in the department's comments shall be addressed before the project proceeds to the bidding phase.

C. When the sponsor has addressed all review comments, the department shall advise the sponsor in writing that the project may progress to the construction phase.

6VAC35-35-60. Design change process.

If, during the project development stage, a substantive change in the scope of the project occurs, the department may suspend the review process and determine next steps, which may include any or all steps outlined in 6VAC35-35-10 through 6VAC35-35-50.

6VAC35-35-70. Construction.

If a substantive change occurs during the construction phase, the sponsor shall submit a written explanation of the change to the department for review and comment before the change is executed.

6VAC35-35-80. Final inspection.

A. Upon construction completion, the sponsor shall ensure final inspection of the project, which shall include: (i) notification to the department and all regulatory agencies that reviewed construction documents of the project; (ii) a request to the staff or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) submission of a report of completed action to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide the department with copies of all required regulatory agency letters verifying approval of the completed project and (ii) certify to the department completion of the project.

6VAC35-35-90. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record."

6VAC35-35-100. Compliance.

Failure to comply with this chapter may prevent the facility from obtaining board certification or department approval to house residents in the facility as provided in § 16.1-309.9 of the Code of Virginia and the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

6VAC35-101-350. Buildings and inspections.

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51 13VAC5-52) shall be maintained. If the fire prevention authorities have failed to timely inspect the detention center's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. A current copy of the detention center's annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the systems listed below in this subsection shall be maintained. These inspections shall be of the:

1. General sanitation;

2. Sewage disposal system;

3. Water supply; and

4. Food service operations.

D. Building plans and specifications for new construction, change in use of existing buildings, and any structural modifications or additions to existing buildings shall be submitted to and approved by the regulatory authority and by other appropriate regulatory agencies. Any planned construction, renovation, enlargement, or expansion of a detention center for which the locality seeks or plans to seek reimbursement pursuant to § 16.1-309.5 of the Code of Virginia shall follow the submission and approval requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) and of any other applicable regulatory authorities. All other plans for construction, renovation, enlargement, or expansion of a detention center shall follow the submission and approval requirements of the Regulation Governing the Planning, Design, and Construction of Local Juvenile Residential Facilities (6VAC35-35).

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Proposed Regulation

Titles of Regulations: 6VAC35-20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (amending 6VAC35-20-69).

6VAC35-30. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (amending 6VAC35-30-20, 6VAC35-30-35, 6VAC35-30-40, 6VAC35-30-45, 6VAC35-30-60, 6VAC35-30-70 through 6VAC35-30-110, 6VAC35-30-120 through 6VAC35-30-160, 6VAC35-30-180, 6VAC35-30-190; adding 6VAC35-30-15, 6VAC35-30-42, 6VAC35-30-115, 6VAC35-30-185; repealing 6VAC35-30-10, 6VAC35-30-65).

6VAC35-35. Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (adding 6VAC35-35-10 through 6VAC35-35-100).

6VAC35-101. Regulation Governing Juvenile Secure Detention Centers (amending 6VAC35-101-350).

Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: June 5, 2026.

Agency Contact: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, fax (804) 371-6497, or email kenneth.davis@djj.virginia.gov.

Basis: Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice to promulgate regulations concerning the Commonwealth's reimbursement to localities for one-half the cost of construction, enlargement, renovation, purchase, or rental of a detention home or other facilities, including establishing criteria for evaluating reimbursement requests and ensuring the geographically equitable distribution of state funds provided for such purpose. Section 16.1-309.9 of the Code of Virginia requires the board to approve minimum standards for the construction and equipment of detention homes or other facilities and authorizes the board to prohibit the placement of juveniles in places of residence that do not comply with these minimum standards. Section 66-10 of the Code of Virginia authorizes the board to promulgate regulations necessary to carry out the provisions of Title 66 of the Code of Virginia and other laws of the Commonwealth.

Purpose: This action is essential to the public welfare because it enhances efficiency for localities altering applicable juvenile facilities. By creating an expedited process for facility projects with no state funding, the action reduces the burden on existing local resources so that such resources can be better directed to the youth residing in these facilities.

Substance: The proposed amendments (i) add a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), to establish a process to address projects for which a locality is not seeking reimbursement from the Commonwealth; (ii) limit the application of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) to localities seeking reimbursement or seeking to preserve the option for reimbursement funding; (iii) add a three-year deadline for localities to execute a construction contract after the board approves the locality's planning study; (iv) update and clarify application and review procedures for reimbursement; (v) establish a process for localities pursuing state reimbursement for qualifying emergency maintenance projects; (vi) repeal the current funding formula for determining construction costs; (vii) update the final inspection process; (viii) remove language authorizing reimbursement for privately contracted projects; (ix) set out a process for reimbursements when the request exceeds the previously requested amount; and (x) make technical changes.

Issues: The primary advantage of this action to the public, the agency, and the Commonwealth is that it streamlines and clarifies the process for localities seeking to construct new juvenile residential facilities or modify existing facilities, regardless of whether the state reimburses the locality for the project, which will smooth the path for completion of the project to the benefit of the residents in these facilities and the staff responsible for their care. Eliminating the outdated, prescriptive funding formula on which localities seeking reimbursement base their estimated construction costs will allow the locality greater flexibility in determining construction costs. Allowing localities that forgo the reimbursement process to provide the Department of Juvenile Justice with a project overview, rather than the more detailed statement of need and planning study documents, and permitting the department to remain involved throughout various stages of the project will help ensure that the construction or modification is consistent with industry standards, thereby ensuring the safety of juveniles residing in such facilities. There are no disadvantages to the public, the agency, or the Commonwealth.

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. Pursuant to a 2019 periodic review,² the Board of Juvenile Justice (board) proposes to eliminate outdated provisions, and to simplify practices for all localities engaging in juvenile detention center and group home construction, renovation, or enlargement. The board also proposes to create a new regulation (6VAC35-35) to establish a process for localities to plan, design, and construct a juvenile detention facility in cases where they have no intention of seeking state reimbursement.

Background. 6VAC35-30 establishes the processes that must be followed when constructing, renovating, enlarging, or otherwise altering certain facilities. These facilities are locally operated and commission operated juvenile detention centers, and locally or regionally operated juvenile group homes and similar residential facilities that are regulated by the Department of Juvenile Justice (DJJ). Generally, the requirements pertain to prescreening, preliminary design, needs assessment, planning study, funding formula, Governor approval, construction contract, design change orders, monthly inspection and progress reports, and final inspection. Pursuant to the periodic review, the board proposes to eliminate outdated provisions and simplify practices for all localities engaging in such projects; the board also establishes a new regulation (6VAC35-35) to create a process for localities to use when planning, designing, and constructing a new facility in cases where they do not intend to seek reimbursement for such projects through any available mechanisms. This action also makes conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101). According to DJJ, although the statute requires the Commonwealth to reimburse localities for qualifying projects, the General Assembly has included language in the Appropriation Act since 2003 that prohibits the board from approving funds for state reimbursement of applicable construction, enlargement, or renovation costs for these facilities.³ In essence, 6VAC35-30 requires localities constructing or modifying eligible juvenile facilities to undergo an arduous process involving the completion of reports tied specifically to funding, despite the fact that reimbursement funding available through the mandated process has been frozen for many years, and most localities choose not to avail themselves of mechanisms for state funding. In summary, the board proposes to simplify the regulatory reimbursement process for localities that seek state funding (6VAC35-30); create a new chapter with a simpler process for localities that do not seek state funding (6VAC35-35); and make conforming changes to other related regulatory chapters (i.e., 6VAC35-20 and 6VAC35-101).

Estimated Benefits and Costs. One of the substantive changes the board proposes would eliminate the complex funding formula to calculate estimated construction costs. According to DJJ, eliminating the funding formula would ease the regulatory burden for localities and allow them to work with their architects and engineers to determine construction costs. The funding formula has been a problem for localities because it is prescriptive in nature and has proven to be unreliable. For instance, the formula relies on figures derived from adult facilities, which have different populations and structures than juvenile facilities. Since this change pertains to localities that seek state reimbursement, and this funding has been frozen since 2003, this change may reduce the administrative costs for localities seeking reimbursement and improve the accuracy of cost estimates if and when the funding freeze is eliminated by the General Assembly. The second substantive change would add language describing how the regulation would apply if an exception to the legislative moratorium occurs although no exception has been granted so far. The Appropriation Act language has frozen funding but at the same time provides the board authority to grant exceptions to address emergency maintenance projects needed to resolve immediate life and safety issues. The current regulation does not address the process to be followed if and when the board grants such an exception, but any emergency projects must also comply with the board standards. Thus, this change is expected to clarify the steps a locality would follow should the board grant an exception. The third proposed change would create a new regulation that establishes a simpler process for projects where the locality is not seeking state reimbursement. Compared to the process used when a locality seeks reimbursement, this new process would be simplified by excluding requirements for a planning study, Governor approval, a construction contract, and monthly inspection or progress reports. According to DJJ, there have been four projects in the past 10 years where the locality was not seeking reimbursement, including one project at Chesapeake juvenile detention center that is now in its early stages; and there have been no such group home projects. Also, a simpler process would mean DJJ would devote fewer resources to the review of unnecessary documents, and would play a diminished role in the review process. Finally, the proposal would make conforming changes to other related regulations (i.e., 6VAC35-20 and 6VAC35-101) to reflect the substantive amendments. In short, DJJ expects the proposal to streamline, clarify, and enhance the efficiency of the process used by DJJ and localities seeking to construct new juvenile residential facilities or modify existing facilities, and allow an expedited process for facility projects with no state funding to reduce the burden on existing local and DJJ resources.

Businesses and Other Entities Affected. The proposed amendments apply to localities constructing, renovating, or enlarging juvenile detention centers, group homes, or similar residential facilities. Because of the statutory moratorium on state funding for such facilities, no such facilities have received state reimbursement since 2003. There have been four locally funded detention center facility projects in Counties of Loudoun and Prince William and Cities of Chesapeake and Bristol and no locally funded group home projects in the past 10 years. No locality appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ The proposal does not increase costs or reduce revenues for localities. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments neither introduce costs for localities nor disproportionately affect them. In fact, the proposal would likely reduce the administrative costs associated obtaining a DJJ approval for localities constructing or expanding regulated facilities, regardless of whether or not they seek state funding.

Projected Impact on Employment. The proposed amendments do not appear to have the potential to significantly affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

_____________________________

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 https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=1710.

³ See Item 446 A of Chapter 1042 of 2003 Acts of General Assembly at https://budget.lis.virginia.gov/item/2003/1/HB1400/Chapter/1/446/.

⁴ 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.

⁵ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice has reviewed the economic impact analysis prepared by the Department of Planning and Budget and agrees with the analysis.

Summary:

The proposed amendments (i) simplify the process for localities that seek state reimbursement for construction, renovation, enlargement, or other alterations of certain juvenile detention centers, juvenile group homes, and similar residential facilities; (ii) create a new chapter, Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), which establishes a process for localities that are not seeking state reimbursement; and (iii) make conforming changes to other related chapters.

6VAC35-20-69. Newly opened facilities and new construction, expansion, or renovation of residential facilities.

A. When a newly opened facility seeks certification to allow the admission of residents, the facility administrator shall contact the director or designee to request a review of the facility for conditional certification.

B. The facility administrator and the department shall follow the requirements of this chapter and department procedures in reviewing a facility prior to admission of residents. New construction, expansions, and renovations in all juvenile residential facilities, whether or not the facility or its sponsor is seeking reimbursement for construction or operations, shall conform to the governing provisions of the following regulations:

1. Regulation Governing Juvenile Correctional Centers (6VAC35-71);

2. Regulation Governing Juvenile Secure Detention Centers (6VAC35-101); and

3. Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41); and

4. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

C. In addition to the requirements in subsection B of this section, a juvenile residential facility seeking reimbursement for construction or operations pursuant to § 16.1-309.5 of the Code of Virginia or seeking to preserve the option to obtain reimbursement in the future shall conform to the governing provisions of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). A juvenile residential facility that is not seeking such reimbursement shall be subject to the governing provisions of the Regulations Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

C. D. A newly constructed, expanded, or renovated facility shall, except as provided in subsection D E of this section, obtain conditional certification as provided in 6VAC35-20-100 prior to the placement of residents in the new facility or portion of an existing facility subject to the expansion or renovation.

D. E. The director or designee shall consider the request for certification within 60 days of receiving the request and report of the basic audit findings. Actions taken by the director or designee shall be governed by the provisions of 6VAC35-20-100.

6VAC35-30-10. Introduction. (Repealed.)

Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.

Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:

1. The Virginia Public Procurement Act, Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;

2. The Construction and Professional Services Manual (CPSM), October 2004, issued by the Department of General Services, Division of Engineering and Building;

3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, March 2001, issued by the Department of Juvenile Justice; and

4. The Agency Procurement and Surplus Property Manual (1VAC30-130), issued by the Department of General Services, Division of Purchases and Supply.

Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Juvenile Justice. Using regulations promulgated by the board and by working together as partners from project planning through project construction and program implementation, the locality or localities and the department ensure that the optimum number of children are provided high quality services at a minimum cost to the locality or localities and to the Commonwealth.

6VAC35-30-15. Applicability of this chapter.

This chapter applies to projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future either (i) through legislative enactment or (ii) should funding become available. Projects for which the locality is not seeking reimbursement, either now or in the future, shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35), unless otherwise specified.

Part II

Definitions

6VAC35-30-20. Definitions.

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

"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity as provided herein in this chapter.

"Board" means the Virginia Board of Juvenile Justice.

"Board-approved funding formula" means the method by which construction costs are calculated as provided for in 6VAC35-30-65.

"Board regulation" means a regulation or section or subsections thereof of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Construction and Professional Services Manual" or "CPSM" means the manual issued by the Commonwealth of Virginia's Department of General Services Division of Engineering and Building that sets forth the standards, policies, terms, conditions, and procedures that state agencies and institutions must follow in procuring professional design and construction services.

"Day" means calendar day unless otherwise specified.

"Department" or "DJJ" means the Department of Juvenile Justice.

"Efficiency ratio" means the proportion of a building's net usable area to its gross floor area.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

"Enlargement" or "expansion" means the expansion of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or may will be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may will be regulated by the board.

"Needs assessment" means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.

"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the Schematic Design (15%) Document level, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected design, construction, operation, maintenance costs, and a cost/benefit analysis.

"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board regulation.

"Renovation" means the alteration or other modification of an existing facility or piece of equipment for the purpose of changing the use or capability of such facility or equipment as may be determined by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility or equipment that generally may be associated with normal wear and tear and included in routine maintenance.

"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

"Sponsor" means a city, county, commission, or any combination thereof of these entities, or any private entity under contract or arrangement with any a city, county, commission, or any combination thereof of these entities, that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement, as detailed in approved department procedures.

"Written" means the required information is communicated in writing either in hard copy or electronic form.

Part III II

Procedures Reimbursement Request Process

6VAC35-30-35. Prescreening.

A. Any A sponsor planning any a construction, renovation, enlargement, or expansion of a local facility and seeking state reimbursement in accordance with § 16.1-309.5 of the Code of Virginia shall submit an initial writing written request to the department that shall include a graphic showing any proposed structural changes and a brief description of the project, including all operating capacity or programmatic changes to be accommodated by the structure, and a graphic showing the proposed structural changes if available. The department shall review the initial writing written request, determine the appropriate classification in accordance with subsection B of this section, and inform provide a written notification to the sponsor in writing as to whether the project is subject to this regulation chapter as soon as practicable but no later than 30 days from the receipt of after receiving the initial writing request from the sponsor. If the department fails to respond in the required time frame timeframe, the sponsor may proceed with the reimbursement request in accordance with this chapter.

B. Any request The department shall be determined to be in one determine under which of the following categories the request falls:

1. For any new construction, change Projects subject to this entire chapter. Construction, enlargement, or modification other modifications of an existing local facility or piece of stationary equipment, including security related security-related upgrades, for which the sponsor seeks reimbursement and that will affect the facility's compliance with a board regulation,; result in a change in certification or licensure status,; or result in increased square footage, bed space, or capacity shall be subject to this regulation chapter.

2. Projects subject to 6VAC35-30-180. For any each facility enhancements enhancement not provided for in subdivision 1 of this subsection for which the sponsor seeks reimbursement, the sponsor shall submit to the board for approval a project overview and cost estimates to the board for approval and that includes a brief description of the project, a justification for why the project is necessary, and any other pertinent information, as well as an estimate of the total projected cost of the project. The project shall be subject to the requirements of 6VAC35-30-180. The department and board may require additional documentation.

3. Minor changes, such as routine maintenance, This category shall not be subject to this regulation and shall be managed informally in accordance with department procedures apply to construction projects.

C. A sponsor shall not be required to comply with the requirements of this section for the following projects:

1. Routine maintenance projects and other projects that involve minor changes to the facility; and

2. Projects for which the locality is not seeking reimbursement now or in the future. These projects shall be subject to the requirements of Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities (6VAC35-35).

6VAC35-30-40. Reimbursement request deadlines.

A. Requests. For all projects subject to all or a portion of this regulation chapter, classified in accordance with 6VAC35-30-35 B 1 and B 2, the department shall advise the sponsor or the sponsor's designated representative of the deadline for submissions necessary to obtain approval, (i) from the board; (ii) for inclusion in the department's budget request to the Governor, if applicable; and (iii) for consideration during the next General Assembly session, if applicable.

B. Needs assessment. The sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall consider the needs assessment at its next regularly scheduled meeting and shall approve, reject, or return the needs assessment.

1. If the needs assessment is approved by the board, the department shall advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project.

2. If the needs assessment is returned to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision, in writing, within seven business days of the board's decision.

C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.

2. The board shall consider the planning study at its next regularly scheduled meeting and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

3. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.

6VAC35-30-42. Needs assessment and planning study requirements.

A. Prior to the applicable deadline, for all projects classified under 6VAC35-30-35 B 1, the sponsor shall submit a needs assessment that shall demonstrate the need for the particular service, program, or facility and that shall include the following information:

1. The target population the project is seeking to impact;

2. The specific need of the target population the project is seeking to address;

3. An explanation as to why the specific need cannot be met with existing resources;

4. All alternatives considered to meet the identified need; and

5. The reason for rejecting the alternatives.

B. The department shall have a maximum of 45 days from receipt of the needs assessment to conduct a review of the assessment and to notify the sponsor regarding next steps.

C. The board shall consider the needs assessment submitted in accordance with subsection A of this section as soon as practicable following the department's review and shall approve, reject, or return the needs assessment.

1. If the board approves the needs assessment, the department shall advise the sponsor of the board's decision and of the project's approved advancement to the planning study phase pending the Governor's approval.

2. If the board elects to return the needs assessment to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision within 10 days and provide a written record upon adoption of the applicable board minutes.

D. Upon the board's approval of the needs assessment and before the applicable deadline, the sponsor shall submit to the department a complete planning study that shall explain why the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall include a program description; project description; architectural and engineering drawings at the Schematic Design Document level; an explanation of the relationship of the project to existing facilities or structures; the project's schedule; a detail of the project's total projected design, construction, and operation cost, including personnel and maintenance costs; and a cost-benefit analysis.

2. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested in accordance with § 16.1-309.5 of the Code of Virginia and a resolution from the governing body of the sponsor requesting reimbursement.

3. Requests for regional facilities also shall include a copy of the agreement between the participating localities that addresses how financial and operational responsibilities are allocated.

4. When submitting the planning study for review, a sponsor may request to receive portions of the total project reimbursement based upon the completion of the project in phases.

5. The board shall consider the planning study as soon as reasonably practicable following the department's review and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing the planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project in accordance with § 16.1-309.5 of the Code of Virginia and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

6VAC35-30-45. Effect of legislative moratorium.

A. In such times when If the Virginia General Assembly has imposed a moratorium on construction and reimbursement of construction costs, the sponsor shall follow the requirements of this chapter in order to preserve the option to seek reimbursement in the future.

B. To obtain any reimbursement thereafter, the sponsor shall may:

1. Pursue a legislative exception to the moratorium on construction and reimbursement of construction costs; or

2. Request reimbursement at such time as when the Virginia General Assembly authorizes funding for such projects.

C. If, through an Appropriations Act, the Virginia General Assembly permits an exception to the legislative moratorium established in subsection A of this section for the reimbursement of funds used for emergency maintenance projects necessary to resolve immediate life safety issues in a juvenile residential facility, and a sponsor seeks reimbursement in accordance with the Appropriations Act, the following requirements shall apply:

1. The sponsor shall initiate the reimbursement process by complying with the prescreening requirements in 6VAC35-30-35 and shall be subject to any additional regulatory requirements contained in this chapter, based upon the category under which the project falls;

2. Eligibility for reimbursement shall be contingent upon approval by the board and the Secretary of Public Safety and Homeland Security; and

3. If the board votes to approve the exception, it shall adopt an emergency resolution authorizing the exception. The resolution shall provide that reimbursement is subject to the availability of funds and approval by the General Assembly at its next regular session.

6VAC35-30-60. Criteria for board funding recommendation.

A. Demonstrated need. The board shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment needs assessment and Planning Study planning study.

B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the facility's interior design of the facility with special concern for attention to the number of staff required, functional layout, material selection, and energy efficiency, with and special emphasis on meeting the needs of youth and the mission of the facility.

C. Construction cost. All sponsors shall calculate construction costs in accordance with the funding formula provided in 6VAC35-30-65. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities and provide documentation of the methodology.

D. Board review Economy of construction costs. The economy of construction cost is necessary and board shall be reviewed as follows consider the economy of construction costs in accordance with the following:

1. Review Construction economy may be questioned and reviewed in relation to comparable projects within the last five years.

2. Economy of construction cost shall be reviewed for efficiency.

a. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the for maximum efficiency. The board shall review the efficiency of the renovated spaces, the appropriateness of the proposed changes for the population served, and the relationship of the changes to the project of facility as a whole, and whether the proposed changes are consistent with federal and state statutes and regulations.

b. Projects of new construction Construction projects shall be reviewed for the building's appropriate efficiency ratio. The board may request further information from the sponsor on projects with a building's efficiency ratio of less than 65%.

2. 3. The board may adjust the amount being requested approved project cost eligible for reimbursement funding as follows:

a. A reduction decrease in funding the estimated project cost when functional areas of the facility, such as the kitchen, recreation area, educational facilities, visiting area, and or laundry facilities are not included in the project or are included at a size not in conformance with applicable regulations or normal practice;

b. An increase in funding the estimated project cost when support services areas are proposed at sizes larger than necessary in anticipation of future enlargements or expansions of the facility;

c. A decrease in funding the estimated project cost when the building's efficiency ratio is less than 65%; and

d. An increase in funding the estimated project cost when the facility includes areas for extraordinary program activities.

3. Any adjustments made by the board in funding shall be based upon the gross square footage of the various conditions multiplied by a cost equal to the adjusted median cost or the proposed gross square foot cost of the facility, whichever is less.

E. Phased reimbursement of projects. A sponsor The board may approve a sponsor's request, when submitting the planning study for review, to receive portions of the total project reimbursement based upon the completion of the project in phases. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor instead of a single payment; however, reimbursement payments will be in amounts proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to be placed in service.

6VAC35-30-65. Funding formula. (Repealed.)

A. The following funding formula shall be used to calculate estimated construction costs at the Schematic Design (15%) Documents level in the planning study phase:

1. A cost per square foot base figure shall be the national median square-foot cost for jails published in the 24th annual edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with consideration taken of the "location factor," which is the materials and labor cost differential specific to the project's geographical location.

2. The cost per square foot, adjusted using the location factor, must be in accordance with all applicable codes and standards and in accordance with the following formula:

National cost per square foot (from Means)

X Location Factor (from Means)

X Area allowance per bed (as provided for in subsection B of this section)

= Adjusted median construction cost of local facility.

3. The total project cost shall include:

a. Construction cost;

b. Site and utilities (from Means);

c. Architectural and Engineering services (services as defined in the Construction and Professional Services Manual (CPSM));

d. Furnishing and equipment (as itemized by the sponsor);

e. Project inspection (services as defined in the CPSM);

f. Contingency (10.0%);

g. Inflation factor (yearly market inflation rate applied from January 1 of the year of the submitted design through the midpoint of construction, compounded);

h. Property purchased specifically for this facility; and

i. Other.

B. The following area allowances per bed shall be used to calculate the adjusted median construction cost of a local facility:

1. A maximum of 700 square feet per bed for facilities up to 35 residents;

2. A maximum of 650 square feet per bed for facilities of 36 to 79 residents; and

3. A maximum of 550 square feet per bed for facilities with 80 or more residents.

6VAC35-30-70. Funding priorities.

The board shall prioritize reimbursement requests in a manner to ensure that ensures an equitable distribution of state funds across the Commonwealth; and, absent. Absent a health, safety, or welfare risk requiring priority, the board shall ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by demonstrated in the needs assessment.

6VAC35-30-80. Board recommendations to the Governor.

A. The department shall notify provide a written notification to the sponsor in writing within seven business 10 days of the board's decision to recommend or not decline to recommend a project for reimbursement. If the recommendation is not board declines to recommend reimbursement, the department shall briefly explain the rationale for the decision.

B. The board shall submit to the Governor, or his the Governor's designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; for those recommendations and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.

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

Part IV III

Project Development

6VAC35-30-90. Preliminary design.

A. The sponsor shall submit preliminary design (35%) documents to the department as defined outlined in the CPSM and required by approved department procedures.

B. Preliminary The department shall review the preliminary design (35%) documents shall be reviewed by the department within 45 days of receipt of the document for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein into this chapter.

1. If the department requires changes to the preliminary design (35%) documents, the department shall provide the sponsor with a written notification of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to the department provide a written response to all comments received from the department in the preliminary design review. Necessary The sponsor may incorporate necessary revisions to the project documents may be incorporated in the submission of the construction documents (referred to as the "working drawings" in the CPSM); however, all issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the construction document phase (referred to as the "working drawings phase" in the CPSM).

C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed been approved to proceed to the construction documents phase.

6VAC35-30-100. Construction documents.

A. The sponsor shall submit to the department construction documents to the department as defined outlined in the CPSM and required by approved department procedures. The construction documents shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents incorporated herein into this chapter, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, requires changes to the construction documents, the department shall provide the sponsor with a written communication of all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to provide the department with a written response to all comments received from the department in the construction document review. All issues detailed raised in these writings the department's comments shall be resolved before the project is advanced approved for advancement to the bidding phase.

C. When all review comments have been the sponsor has addressed and resolved all review comments, the department shall approve the construction documents and advise the sponsor in writing, as required in approved department procedures, that the project may progress to the bidding phase (referred to as the "bid documents phase" in the CPSM).

6VAC35-30-110. Change order Design change process.

If, during the project development stage, any a substantive change in the scope of the project, any or an increase in the estimated cost of construction, or any change in the operational staff requirements occurs for which the sponsor will seek reimbursement, the department may suspend 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 and determine next steps. The department may require the sponsor to comply with any or all steps outlined in 6VAC35-30-15 through 6VAC35-30-100.

6VAC35-30-115. Failure to initiate construction within three years.

If a locality fails to execute a construction contract for the approved project within three years of the department's notice of approval of the planning study, the board approval shall expire unless the sponsor submits a written request to the board for an extension. The board may grant an extension or require the sponsor to amend the locality's needs assessment for resubmission in accordance with the process established in 6VAC35-30-42.

Part V IV

Project Construction

6VAC35-30-120. Bidding.

After bids for construction have been received and opened and the sponsor has determined to proceed with the project, the sponsor shall submit to the department a bid tabulation, analysis, and recommendation as to regarding the award of the contract. Any The department shall forward written comments by the department shall be forwarded in response to the sponsor within five business seven days of receipt; and the sponsor shall respond to the comments in writing within 10 business days of receipt of the department's comments. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the sponsor's recommendation as to regarding the award of the contract.

6VAC35-30-130. Construction.

A. During the project construction of all projects, the sponsor shall submit monthly inspection or and construction progress reports to the department in accordance with a schedule provided by the sponsor. The If the sponsor identifies any issues as part of the monthly submission, the sponsor shall submit the reports to the department no later than the 15th day of the month following the inspection or when the progress report became due explain the issue and the plan of action for addressing the issue or problem. The department shall notify the sponsor in writing within 10 business 14 days after receipt of the inspection or progress report regarding any issues or problems with the project or the reports. The department's failure to respond in the required time frame timeframe shall serve as be deemed acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.

B. Any substantive change If, during the construction phase of the project, a locality makes a change deemed substantive due to either (i) an increase in the project cost of $50,000 or more or (ii) accumulated change orders that exceed 25% of the original contract amount, the sponsor shall be submitted submit the change orders in writing to the department for review and approval before any such implementing the change is executed. Only those changes that are approved through the approved department procedure shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part.

C. Any substantive change for which the sponsor seeks additional reimbursement shall be subject to the requirements in 6VAC35-30-180 C.

6VAC35-30-140. Final inspection.

A. Upon construction completion, the sponsor shall establish a schedule for ensure final inspection of the project. This schedule, which shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the schedule project; (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) the submission of a report of completed actions to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide to the department with copies of all required regulatory agency letters verifying approval of the completed project and shall (ii) certify to the department the completion of the project.

6VAC35-30-150. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record." The record documents shall be prepared as defined in the CPSM and in accordance with approved department procedures.

Part VI V

Private Construction of Juvenile Facilities

6VAC35-30-160. Private construction of juvenile facilities.

Section 16.1-322.5 of the Code of Virginia allows the board to authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or design and construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by § 16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter seek authorization from the board before entering into such contracts by certifying and submitting documentation to the board demonstrating that both the sponsor and the contractor have satisfied all applicable requirements mandated by § 16.1-322.5 of the Code of Virginia. The board shall review the documentation and may not approve private contracts that do not satisfy the applicable requirements in § 16.1-322.5 of the Code of Virginia.

Part VII VI

Final Reimbursement

6VAC35-30-180. Request for final reimbursement for all projects.

A. Upon completion of the project, the sponsor shall submit to the department a written request for final reimbursement for the applicable project, along with documentation specified by approved department procedures to the department supporting the request.

B. If the final amount of reimbursement requested is not greater than the reimbursement amount initially recommended, including the contingency, the department shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The In no case shall the reimbursement request shall be in the form specified by the department amount exceed 50% of the actual project costs.

C. If the final amount of reimbursement requested is greater than the reimbursement amount initially recommended, the department shall process the initial reimbursement amount in accordance with subsection B of this section. For any increase in costs over the amount of the initial board-approved reimbursement, the sponsor shall justify the cost increase and submit the a written adjusted reimbursement request, including justification for the cost increase, to the board and the Governor, or his the Governor's designee, for approval.

D. The availability of funds for reimbursement, as approved, is contingent on the appropriation of funds by the General Assembly.

6VAC35-30-185. Guidelines for document submission.

In order to assist localities in complying with the requirements of this chapter, the department shall establish guidelines governing the form and process for submission of all documents required in this chapter.

6VAC35-30-190. Compliance.

Failure to comply with these regulations this chapter will delay the review process and recommendation for disbursement of funds, may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house residents in the facility as provided for in the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-30)

The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, revised March 2001, Department of Juvenile Justice.

Construction and Professional Services Manual, Revision 1, October 2004, Department of General Services, Division of Engineering and Buildings.

R.S. Means Facilities Construction Cost Data 2009, 24th Annual Edition, R.S. Means-Reed Construction Data (http://rsmeans.reedconstructiondata.com).

Construction and Professional Services Manual, Revision 0, March 17, 2025, Department of General Services, Division of Engineering and Buildings

Chapter 35

Regulation Governing the Process for Planning, Designing, and Constructing Locally Funded Juvenile Residential Facilities

Part I

General Information

6VAC35-35-10. Definitions.

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

"Board" means the Board of Juvenile Justice.

"Board regulation" means a regulation or section or subsections of the regulation promulgated and approved by the board.

"Construction" means the act or process of erecting a new facility or replacing an outdated existing facility. For purposes of this definition, construction does not include enlargement, expansion, or renovation of an existing facility.

"Day" means calendar day unless otherwise specified.

"Department" means the Department of Juvenile Justice.

"Enlargement" or "expansion" means the extension of an existing facility through the erection of additional areas as may be determined by need or as required by law or regulation.

"Local facility" or "facility" means a juvenile residential facility that is or will be regulated by the board and is owned, maintained, or operated by a political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with a political subdivision or combination of political subdivisions of the Commonwealth and is or will be regulated by the board.

"Project" means a proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or by board regulation.

"Renovation" means the alteration or other modification of an existing facility for the purpose of changing the use or capability of such facility as may be determine by need or required by law or regulation. For purposes of this definition, renovation does not include work on or replacement of a facility that generally may be associated with normal wear and tear and included in routine maintenance.

"Sponsor" means a city, county, commission, or a combination of these entities, or a private entity under contract or arrangement with a city, county, commission, or a combination of these entities that is actually building, renovating, expanding, or operating or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means a deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with a board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement.

"Written" means the required information is communicated in writing either in hard copy or in electronic form.

6VAC35-35-20. Applicability of this chapter.

This chapter applies to projects for which a locality is not seeking reimbursement from the Commonwealth, either now or in the future. Projects for which a locality is seeking reimbursement from the Commonwealth currently or for which the locality is seeking to preserve the option to obtain reimbursement in the future should funding become available or through legislative enactment shall be subject to the requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

Part II

Process for Projects

6VAC35-35-30. Prescreening.

A. A sponsor planning construction, renovation, enlargement, or expansion of a local facility, regardless of whether the sponsor is seeking reimbursement from the Commonwealth pursuant to § 16.1-309.5 of the Code of Virginia, shall submit an initial written request to the department that shall include a graphic, if available, showing the proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure.

B. The department shall review the initial request, classify the request in accordance with the classifications established in subsection C of this section, and inform the sponsor in writing whether, based on these classifications, the project is subject to this chapter. The department shall notify the sponsor of the classification as soon as practicable but no later than 30 days after receiving the initial request from the sponsor.

C. The department shall determine under which of the following categories the request falls.

1. Projects subject to this chapter. Projects for which the locality is not seeking reimbursement now or in the future shall be subject to the requirements of this chapter.

2. Projects subject to Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30). Any construction, enlargement, renovation, or other modification of an existing local facility or piece of stationary equipment, including security related upgrades, for which the sponsor seeks reimbursement shall be subject to the requirements of Regulations Governing State Reimbursement of Local Juvenile Residential Facility Costs.

D. If the department fails to respond within the 30-day timeframe, the sponsor may proceed with the reimbursement process established in 6VAC35-30 or the process established under this chapter, as applicable.

E. A sponsor shall not be required to follow the requirements of this section for routine maintenance projects, projects that will not affect the facility's compliance with other board regulations, and other projects that involve minor changes to the facility. These projects shall not be subject to this chapter and shall be excluded from department review.

6VAC35-35-40. Project overview requirements.

A. If the department determines that the project is subject to this chapter pursuant to 6VAC35-35-30 C, the sponsor shall prepare and submit to the department for review a project overview that shall explain the purpose of the proposed project and the need the project is intended to address.

B. The project overview shall include a description of the facility's existing or proposed program, a description of the proposed project, architectural and engineering drawings at the Schematic Design Document level, and the project's anticipated schedule for completion.

C. The department shall review the project overview upon receipt of the document and provide comments regarding the project's proposed compliance with statutes, regulations, and guidance documents applicable to this chapter.

1. If, after conducting the review mandated in this subsection, the department recommends changes to the construction documents, all such recommended changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review.

6VAC35-35-50. Construction documents.

A. The sponsor shall submit to the department construction documents, which shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The department shall review the construction documents for compliance with applicable statutes, regulations, and guidance documents. This review shall not release the sponsor from other applicable responsibilities and requirements.

1. If the department, upon conducting the review mandated in this subsection, recommends changes to the construction documents, all such changes shall be communicated in writing to the sponsor.

2. The sponsor shall provide the department with a written response to all comments received from the department in the construction document review. All issues raised in the department's comments shall be addressed before the project proceeds to the bidding phase.

C. When the sponsor has addressed all review comments, the department shall advise the sponsor in writing that the project may progress to the construction phase.

6VAC35-35-60. Design change process.

If, during the project development stage, a substantive change in the scope of the project occurs, the department may suspend the review process and determine next steps, which may include any or all steps outlined in 6VAC35-35-10 through 6VAC35-35-50.

6VAC35-35-70. Construction.

If a substantive change occurs during the construction phase, the sponsor shall submit a written explanation of the change to the department for review and comment before the change is executed.

6VAC35-35-80. Final inspection.

A. Upon construction completion, the sponsor shall ensure final inspection of the project, which shall include: (i) notification to the department and all regulatory agencies that reviewed construction documents of the project; (ii) a request to the staff or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) submission of a report of completed action to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall (i) provide the department with copies of all required regulatory agency letters verifying approval of the completed project and (ii) certify to the department completion of the project.

6VAC35-35-90. Record documents.

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record."

6VAC35-35-100. Compliance.

Failure to comply with this chapter may prevent the facility from obtaining board certification or department approval to house residents in the facility as provided in § 16.1-309.9 of the Code of Virginia and the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities (6VAC35-20).

6VAC35-101-350. Buildings and inspections.

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51 13VAC5-52) shall be maintained. If the fire prevention authorities have failed to timely inspect the detention center's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. A current copy of the detention center's annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the systems listed below in this subsection shall be maintained. These inspections shall be of the:

1. General sanitation;

2. Sewage disposal system;

3. Water supply; and

4. Food service operations.

D. Building plans and specifications for new construction, change in use of existing buildings, and any structural modifications or additions to existing buildings shall be submitted to and approved by the regulatory authority and by other appropriate regulatory agencies. Any planned construction, renovation, enlargement, or expansion of a detention center for which the locality seeks or plans to seek reimbursement pursuant to § 16.1-309.5 of the Code of Virginia shall follow the submission and approval requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) and of any other applicable regulatory authorities. All other plans for construction, renovation, enlargement, or expansion of a detention center shall follow the submission and approval requirements of the Regulation Governing the Planning, Design, and Construction of Local Juvenile Residential Facilities (6VAC35-35).