53.1-265 - Powers and duties not delegable to contractor.

§ 53.1-265. Powers and duties not delegable to contractor.

No contract for correctional services shall authorize, allow, or imply adelegation of authority or responsibility of the Director to a prisoncontractor for any of the following:

1. Developing and implementing procedures for calculating inmate release andparole eligibility dates;

2. Developing and implementing procedures for calculating and awardingsentence credits;

3. Approving inmates for furlough and work release;

4. Approving the type of work inmates may perform and the wages or sentencecredits which may be given the inmates engaging in such work;

5. Granting, denying, or revoking sentence credits;

6. Classifying inmates or placing inmates in less restrictive custody or morerestrictive custody;

7. Transferring an inmate; however, the contractor may make writtenrecommendations regarding the transfer of an inmate or inmates;

8. Formulating rules of inmate behavior, violations of which may subjectinmates to sanctions; however, the contractor may propose such rules to theDirector for his review and adoption, rejection, or modification as otherwiseprovided by law or regulation; and

9. Disciplining inmates in any manner which requires a discretionaryapplication of rules of inmate behavior or a discretionary imposition of asanction for violations of such rules.

(1991, c. 705; 1992, c. 654; 1995, c. 694.)