2006 Code of Virginia § 53.1-59 - Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment ...

53.1-59. Prisoners performing work for localities, state agencies ornonprofit civic organizations; payment of costs; foremen as guards.

The Director is authorized to enter into agreements with the properauthorities of any state agency, county, city, town, local commission ornonprofit civic organization in the Commonwealth to build and maintain roadsand streets and to perform such other public works as he may approve. Thestate agency, county, town, city, local commission or nonprofit civicorganization for which such work is performed may be required to pay to theDepartment in monthly installments such sum as is necessary to cover thecosts of work done by such prisoners at the rate specified in the agreementauthorized by 53.1-57.

The state agency, county, town, city, local commission or nonprofit civicorganization that has the use of prison labor authorized by this sectionshall designate the projects to be worked. It may be required to furnish allengineering service, tools, implements, machinery and equipment used in suchprojects; shall secure rights-of-way; and shall furnish such foremen as theDirector deems necessary and acceptable to direct the work. The Director mayauthorize such persons employed as foremen to carry firearms in accordancewith 53.1-29.

Fifteen days prior to a prisoner's participation in the program, the Directorshall give the chief of police, sheriff or local chief law-enforcementofficial of the locality in which the prisoner will work, written notice ofthe prisoner's participation. Such notice shall include the name, address andcriminal history of the prisoner in addition to other information the chiefof police or such officer may request. A copy of such notice shall beprovided to the attorney for the Commonwealth and the governing body wherethe work is to be performed. The transmission of information shall beconfidential and not subject to the Virginia Freedom of Information Act (2.2-3700 et seq.). When notice has been requested in accordance with 53.1-133.02, the Director shall provide notice to the victim that theprisoner has been assigned to a facility where the prisoner may participatein supervised work programs established pursuant to this section.

(Code 1950, 53-122.1; 1962, c. 370; 1970, c. 648; 1982, c. 636; 1989, c.652; 1991, c. 412; 1996, cc. 703, 726.)