2006 Code of Virginia § 53.1-32.1 - Classification system; program assignments; mandatory participation

53.1-32.1. Classification system; program assignments; mandatoryparticipation.

A. The Director shall maintain a system of classification which (i) evaluatesall prisoners according to background, aptitude, education, and risk and (ii)based on an assessment of needs, determines appropriate program assignmentsincluding career and technical education, work activities and employment,academic activities which at a minimum meet the requirements of 22.1-344.1,counseling, alcohol and substance abuse treatment, and such relatedactivities as may be necessary to assist prisoners in the successfultransition to free society and gainful employment.

B. The Director shall, subject to the availability of resources andsufficient program assignments, place prisoners in appropriate full-timeprogram assignments or a combination thereof to satisfy the objectives of atreatment plan based on an assessment and evaluation of each prisoner'sneeds. Compliance with specified program requirements and attainment ofspecific treatment goals shall be required as a condition of placement andcontinuation in such program assignments. The Director may suspend programsin the event of an institutional emergency.

C. For the purposes of implementing the requirements of subsection B,prisoners shall be required to participate in such programs according to thefollowing schedule:

1. From July 1, 1994, through June 30, 1995, an average of twenty-four hoursper week.

2. From July 1, 1995, through June 30, 1996, an average of twenty-eight hoursper week.

3. From July 1, 1996, through June 30, 1997, an average of thirty hours perweek.

4. From July 1, 1997, through June 30, 1998, an average of thirty-six hoursper week.

5. From July 1, 1998, and thereafter, an average of forty hours per week.

D. Notwithstanding any other provision of law, prisoners refusing to accept aprogram assignment shall not be eligible for good conduct allowances orearned sentence credits authorized pursuant to Chapter 6 ( 53.1-186 et seq.)of Title 53.1. Such refusal shall also constitute a violation of the rulesauthorized pursuant to 53.1-25 and the Director shall prescribe appropriatedisciplinary action.

E. The Director shall maintain a master program listing, by facility andprogram location, of all available permanent and temporary positions. TheDirector may, consistent with 53.1-43 and subject to the approval of theBoard, establish a system of pay incentives for such assignments based upondifficulty and level of effort required.

F. Inmates employed pursuant to Article 2 ( 53.1-32 et seq.) of Chapter 2 ofthis title shall not be deemed employees of the Commonwealth of Virginia orits agencies and shall be ineligible for benefits under Chapter 29 (2.2-2900 et seq.) of Title 2.2, Chapter 6 ( 60.2-600 et seq.) of Title 60.2,Chapter 5 ( 65.2-500 et seq.) of Title 65.2 or any other provisions of theCode pertaining to the rights of state employees.

(1993, c. 768; 1994, 2nd Sp. Sess., cc. 1, 2; 2001, c. 483.)