Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 15. Department of Corrections
Chapter 81. Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities
4/3/2020

6VAC15-81-90. Modifications.

A. Any request for modification shall be submitted, separate from the planning study, in the form of a request and resolution from the jail authority or board, city council, or board of supervisors to the reviewing authority sufficiently in advance of the deadline for submission to the Board of Corrections to be reviewed, analyzed, and included in the desired Board of Corrections meeting agenda. The request for modification shall include a detailed analysis supported by documentation and historical data to justify the request.

B. A staff analysis shall be prepared by the reviewing authority for each modification request. The staff analysis shall include the section of this chapter being modified, an analysis to determine whether or not the modification meets the intent of the section being modified, an analysis of whether the modification has been granted in the past or has any ramifications that might affect current or future jail construction or security, and the analysis shall include a staff recommendation to the board.

C. Upon consideration, the board may grant modifications to any of the provisions of this chapter provided the spirit and intent of this chapter is observed and inmate, staff, and public welfare, safety, and security are not compromised. The board has the ultimate responsibility to grant modifications to this chapter and shall not be bound by the position of staff and shall also consider information provided by the locality or localities. The final decision of the board on any modification shall be recorded in board minutes.

Statutory Authority

§§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.

Historical Notes

Derived from Volume 34, Issue 12, eff. March 8, 2018.

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