{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/16.1-322.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/16.1-322.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/16.1-322.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/16.1-322.7.html"}],"law_id":349735,"edition_id":2,"section_id":349735,"structure_id":50085,"section_number":"16.1-322.7","catch_line":"State Board to promulgate regulations","history":"1991, c. 258; 1992, c. 652.","full_text":"The State Board shall make, adopt, and promulgate regulations governing the following aspects of private management and operation of local or regional detention homes or other secure facilities:\n\n1\n\nThe schedule for state reimbursement to the cities or counties or any combination thereof, as the case may be, for costs of construction;\n\n2\n\nThe manner of state payment to the localities for the care and custody costs at the facility of children for whom the Commonwealth is required to provide funds. However, in no event shall the payment to the localities, when calculated on a per diem per child basis, exceed the total cost ordinarily paid by the Commonwealth to the locality for the care and custody expenses of such children, when calculated on a per diem per child basis;\n\n3\n\nMinimum standards for the construction, equipment, administration, and operation of the facilities; however, the standards must be at least as stringent as those established for other local or regional detention homes or other secure facilities;\n\n4\n\nContingency plans for operation of a contractor-operated facility in the event of a termination of the contract;\n\n5\n\nThe powers and duties of contractors’ personnel charged with the care and custody of detainees, including use of force and discipline;\n\n6\n\nMethods of monitoring a contractor-operated facility by an appropriate state or local governmental entity or entities;\n\n7\n\nPublic access to a contractor-operated facility; and\n\n8\n\nSuch other regulations as may be necessary to carry out the provisions of this article.\n\n","order_by":null,"text":{"0":{"id":1303572,"text":"The State Board shall make, adopt, and promulgate regulations governing the following aspects of private management and operation of local or regional detention homes or other secure facilities:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1303573,"text":"The schedule for state reimbursement to the cities or counties or any combination thereof, as the case may be, for costs of construction;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1303574,"text":"The manner of state payment to the localities for the care and custody costs at the facility of children for whom the Commonwealth is required to provide funds. However, in no event shall the payment to the localities, when calculated on a per diem per child basis, exceed the total cost ordinarily paid by the Commonwealth to the locality for the care and custody expenses of such children, when calculated on a per diem per child basis;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1303575,"text":"Minimum standards for the construction, equipment, administration, and operation of the facilities; however, the standards must be at least as stringent as those established for other local or regional detention homes or other secure facilities;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1303576,"text":"Contingency plans for operation of a contractor-operated facility in the event of a termination of the contract;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1303577,"text":"The powers and duties of contractors’ personnel charged with the care and custody of detainees, including use of force and discipline;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":1303578,"text":"Methods of monitoring a contractor-operated facility by an appropriate state or local governmental entity or entities;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":1303579,"text":"Public access to a contractor-operated facility; and","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":1303580,"text":"Such other regulations as may be necessary to carry out the provisions of this article.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":50085,"edition_id":2,"name":"Private Operation of Juvenile Detention Facilities","identifier":"13.2","label":"article","depth":3,"order_by":16,"parent_id":50069,"metadata":{"child_laws":3,"child_structures":0},"date_created":"2026-08-02 02:21:51","date_modified":"2026-08-02 12:30:07","permalink":{"id":1388191,"object_type":"structure","relational_id":50085,"identifier":"13.2","token":"16.1\/11\/13.2","url":"\/16.1\/11\/13.2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50069,"edition_id":2,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":12,"parent_id":50057,"metadata":{"child_laws":246,"child_structures":22},"date_created":"2026-08-02 02:21:21","date_modified":"2026-08-02 12:30:00","permalink":{"id":1387947,"object_type":"structure","relational_id":50069,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50057,"edition_id":2,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":48,"parent_id":null,"metadata":{"child_laws":446,"child_structures":47},"date_created":"2026-08-02 02:21:14","date_modified":"2026-08-02 12:29:57","permalink":{"id":1387921,"object_type":"structure","relational_id":50057,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":349733,"structure_id":50085,"section_number":"16.1-322.5","catch_line":"State Board may authorize private construction, operation, etc., of local or regional detention homes, etc","url":"\/16.1-322.5\/","token":"16.1\/11\/13.2\/16.1-322.5","metadata":false},{"id":349734,"structure_id":50085,"section_number":"16.1-322.6","catch_line":"Powers and duties not delegable to contractor","url":"\/16.1-322.6\/","token":"16.1\/11\/13.2\/16.1-322.6","metadata":false},{"id":349735,"structure_id":50085,"section_number":"16.1-322.7","catch_line":"State Board to promulgate regulations","url":"\/16.1-322.7\/","token":"16.1\/11\/13.2\/16.1-322.7","metadata":false}],"previous_section":{"id":349734,"structure_id":50085,"section_number":"16.1-322.6","catch_line":"Powers and duties not delegable to contractor","url":"\/16.1-322.6\/","token":"16.1\/11\/13.2\/16.1-322.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-322.7\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 258 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1992, chapter 652.<\/p>","references":false,"refers_to":false,"permalink":{"id":1388201,"object_type":"law","relational_id":349735,"identifier":"16.1-322.7","token":"16.1\/11\/13.2\/16.1-322.7","url":"\/16.1-322.7\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/16.1-322.7\/","token":"16.1\/11\/13.2\/16.1-322.7","dublin_core":{"Title":"State Board to promulgate regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-322.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The State Board<\/span> shall make, adopt, and promulgate regulations governing the following aspects of private management and operation of local or regional detention homes<\/span> or other secure facilities:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The schedule for state reimbursement to the cities or counties or any combination thereof, as the case may be, for costs of construction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The manner of state payment to the localities for the care and custody<\/span> costs at the facility of children for whom the Commonwealth is required to provide funds. However, in no event shall the payment to the localities, when calculated on a per diem per child basis, exceed the total cost ordinarily paid by the Commonwealth to the locality for the care and custody<\/span> expenses of such children, when calculated on a per diem per child basis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Minimum standards for the construction, equipment, administration, and operation of the facilities; however, the standards must be at least as stringent as those established for other local or regional detention homes<\/span> or other secure facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Contingency plans for operation of a contractor-operated facility in the event of a termination of the contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The powers and duties of contractors’ personnel charged with the care and custody<\/span> of detainees, including use of force and discipline; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Methods of monitoring a contractor-operated facility by an appropriate state or local governmental entity or entities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Public access to a contractor-operated facility; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Such other regulations as may be necessary to carry out the provisions of this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE BOARD TO PROMULGATE REGULATIONS (\u00a7 16.1-322.7)\n\nThe State Board shall make, adopt, and promulgate regulations governing the\nfollowing aspects of private management and operation of local or regional\ndetention homes or other secure facilities:\n\n1. The schedule for state reimbursement to the cities or counties or any\ncombination thereof, as the case may be, for costs of construction;\n\n2. The manner of state payment to the localities for the care and custody costs\nat the facility of children for whom the Commonwealth is required to provide\nfunds. However, in no event shall the payment to the localities, when calculated\non a per diem per child basis, exceed the total cost ordinarily paid by the\nCommonwealth to the locality for the care and custody expenses of such children,\nwhen calculated on a per diem per child basis;\n\n3. Minimum standards for the construction, equipment, administration, and\noperation of the facilities; however, the standards must be at least as\nstringent as those established for other local or regional detention homes or\nother secure facilities;\n\n4. Contingency plans for operation of a contractor-operated facility in the\nevent of a termination of the contract;\n\n5. The powers and duties of contractors’ personnel charged with the care\nand custody of detainees, including use of force and discipline;\n\n6. Methods of monitoring a contractor-operated facility by an appropriate state\nor local governmental entity or entities;\n\n7. Public access to a contractor-operated facility; and\n\n8. Such other regulations as may be necessary to carry out the provisions of\nthis article.\n\nHISTORY: 1991, c. 258; 1992, c. 652.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}