2006 Code of Virginia § 16.1-322.6 - Powers and duties not delegable to contractor

16.1-322.6. Powers and duties not delegable to contractor.

No contract for juvenile correctional facilities or programs shall authorize,allow, or imply a delegation of authority or responsibility to a juvenilecorrectional facilities or programs contractor for any of the following:

1. Developing and implementing procedures for calculating a detainee'srelease date;

2. Classifying detainees or placing detainees in less restrictive custody ormore restrictive custody;

3. Transferring a detainee; however, the contractor may make writtenrecommendations regarding the transfer of a detainee or detainees;

4. Formulating rules of detainee behavior, violations of which may subjectdetainees to sanctions; however, the contractor may propose such rules forreview and adoption, rejection, or modification as otherwise provided by lawor regulation; and

5. Disciplining detainees in any manner which requires a discretionaryapplication of rules of detainee behavior or a discretionary imposition of asanction for violations of such rules.

(1991, c. 258; 1992, c. 652.)