HB1863: Jail construction, local; State will reimburse up to one-half of capital costs.

Be it enacted by the General Assembly of Virginia:

1. That 53.1-80 of the Code of Virginia is amended and reenacted as follows:

53.1-80. State reimbursement of localities for construction.

A. On and after July 1, 1993, the Commonwealth shall reimburse any city or county up to one-fourth of the capital costs of a jail construction, enlargement or renovation project upon a basis approved by the Board in accordance with the provisions of this section. On and after July 1, 2009, the Commonwealth shall reimburse any city or county up to one-half of the capital costs of a jail construction, enlargement or renovation project that will increase the capacity of the jail by at least 150 beds upon a basis approved by the Board in accordance with the provisions of this section. On and after July 1, 1993, (i) any three or more cities or counties, or any combination thereof, which do not qualify for reimbursement pursuant to 53.1-81 or 53.1-82 and (ii) any two cities or counties or any combination of a city and a county which jointly construct, enlarge or renovate a jail upon a basis approved by the Board in accordance with the provisions of this section shall be reimbursed by the Commonwealth on a pro rata basis up to one-fourth of the capital costs, as defined in 53.1-82.2, of such project. On and after July 1, 2009, (i) any three or more cities or counties, or any combination thereof, which do not qualify for reimbursement pursuant to 53.1-81 or 53.1-82 and (ii) any two cities or counties or any combination of a county and a city which jointly construct, enlarge or renovate a jail so as to increase the capacity of the jail by at least 150 beds upon a basis approved by the Board in accordance with the provisions of this section shall be reimbursed by the Commonwealth on a pro rata basis up to one-half of the capital costs, as defined in 53.1-82.2, of such project. The Board shall promulgate regulations, to include criteria which may be used to assess need and establish priorities, to serve as guidelines in evaluating requests for such reimbursement and to ensure the fair and equitable distribution of state funds provided for such purpose. The Department shall apply such regulations in preparing requests for appropriations. No such reimbursement shall be had unless the plans and specifications, including the need for additional personnel, thereof have been submitted to the Governor and the jail project has been approved by him. The Governor shall base his approval in part on the expected operating cost-efficiency of the interior design of the facility. Reimbursements shall be paid subject to the provisions of 53.1-82.2.

B. In the event that a county or city requests and receives financial assistance for capital costs of such jail project from the Department of Criminal Justice Services or from other public fund sources outside of the provisions of this law, the total financial assistance and reimbursement shall not exceed the total cost of the project.