53.1-10 - Powers and duties of Director.
§ 53.1-10. Powers and duties of Director.
The Director shall be the chief executive officer of the Department and shallhave the following duties and powers:
1. To supervise and manage the Department and its system of statecorrectional facilities;
2. To implement the standards and goals of the Board as formulated for localand community correctional programs and facilities and lock-ups;
3. To employ such personnel and develop and implement such programs as may benecessary to carry out the provisions of this title, subject to Chapter 29 (§2.2-2900 et seq.) of Title 2.2, and within the limits of appropriations madetherefor by the General Assembly;
4. a. To make and enter into all contracts and agreements necessary orincidental to the performance of the Department's duties and the execution ofits powers under this title, including, but not limited to, contracts withthe United States, other states, and agencies and governmental subdivisionsof this Commonwealth, and contracts with corporations, partnerships, orindividuals which include, but are not limited to, the purchase of water orwastewater treatment services or both as necessary for the expansion orconstruction of correctional facilities, consistent with applicable standardsand goals of the Board;
b. Notwithstanding the Director's discretion to make and enter into allcontracts and agreements necessary or incidental to the performance of theDepartment's duties and the execution of its powers under this title, upondetermining that it shall be desirable to contract with a public or privateentity for the provision of community-based residential services pursuant toChapter 5 (§ 53.1-177 et seq.), the Director shall notify the local governingbody of the jurisdiction in which the facility is to be located of theproposal and of the facility's proposed location and provide notice, whererequested, to the chief law-enforcement officer for such locality when anoffender is placed in the facility at issue;
5. To accept, hold and enjoy gifts, donations and bequests on behalf of theDepartment from the United States government and agencies andinstrumentalities thereof, and any other source, subject to the approval ofthe Governor. To these ends, the Director shall have the power to comply withsuch conditions and execute such agreements as may be necessary, convenientor desirable, consistent with applicable standards and goals of the Board;
6. To collect data pertaining to the demographic characteristics of adults,and juveniles who are adjudicated as adults, incarcerated in statecorrectional institutions, including, but not limited to, the race orethnicity, age, and gender of such persons, whether they are a member of acriminal gang, and the types of and extent to which health-related problemsare prevalent among such persons. Beginning July 1, 1997, such data shall becollected, tabulated quarterly, and reported by the Director to the Governorand the General Assembly at each regular session of the General Assemblythereafter. The report shall be submitted as provided in the procedures ofthe Division of Legislative Automated Systems for the processing oflegislative documents and reports;
7. To make application to the appropriate state and federal entities so as toprovide any prisoner who is committed to the custody of the state aDepartment of Motor Vehicles approved identification card that would expire90 days from issuance, a copy of his birth certificate if such person wasborn in the Commonwealth, and a social security card from the Social SecurityAdministration;
8. To forward to the Commonwealth's Attorneys' Services Council, updated on amonthly basis, a list of all identified criminal gang members incarcerated instate correctional institutions. The list shall contain identifyinginformation for each criminal gang member, as well as his criminal record; and
9. To give notice, to the attorney for the Commonwealth prosecuting adefendant for an offense that occurred in a state correctional facility, ofthat defendant's known gang membership. The notice shall contain identifyinginformation for each criminal gang member as well as his criminal record.
(Code 1950, §§ 53-19.8, 53-19.14; 1974, cc. 44, 45; 1982, c. 636; 1994, 2ndSp. Sess., c. 7; 1995, c. 725; 1997, c. 894; 2003, cc. 94, 516, 854; 2006,cc. 431, 500; 2007, c. 392; 2009, cc. 39, 621.)