Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 15. Department of Corrections
Chapter 28. Regulations for Public/Private Joint Venture Work Programs Operated in a State Correctional Facility

6VAC15-28-40. Criteria.

Part III

A. The director shall review the provisions of any proposed agreement according to the following criteria:

1. The proposed agreement shall provide adequate job skills to inmate participants. Any proposed agreement which requires relatively unskilled labor may be acceptable providing the work project establishes good work habits.

2. The public or private entity shall be environmentally sound, with appropriate certification, as required by applicable state and federal regulations.

3. The public or private entity shall provide prevailing or minimum wage, whichever is applicable.

4. The public or private entity shall provide Equal Employment Opportunity for all inmates involved in the proposed agreement.

5. The proposed agreement shall demonstrate financial viability.

a. If the department acts as a subcontractor in the proposed agreement, the proposed agreement shall be evaluated by its capability both to meet the required goods or services as well as to provide an acceptable rate of return to the department.

b. If the department acts as a supplier of labor in the proposed agreement, the proposed agreement shall be evaluated upon its capability to provide a gross margin both to cover the expenses of the department as well as to generate a sufficient return on investment to the department.

6. The proposed agreement shall not displace civilian workers.

7. Any rent paid to the department for space occupied by the participating public or private entity shall be at a reasonable rate.

8. The product produced by the proposed agreement may be sold on the open market.

9. The proposed agreement shall meet any provisions listed in §§ 53.1-41 through 53.1-62 of the Code of Virginia pertaining to "Employment and Training of Prisoners."

B. All criteria listed in 6VAC15-28-40 A shall be met before the director approves a proposed agreement.

Statutory Authority

§§ 53.1-5 and 53.1-45.1 of the Code of Virginia.

Historical Notes

Derived from VR230-01-005 § 3.1, eff. January 26, 1995; amended, Volume 27, Issue 12, eff. March 16, 2011.

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