Chapter 30. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs
Part I
General Information
6VAC35-30-10. Introduction.
Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.
Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:
1. The Virginia Public Procurement Act, Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;
2. The Construction and Professional Services Manual (CPSM), October 2004, issued by the Department of General Services, Division of Engineering and Building;
3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, March 2001, issued by the Department of Juvenile Justice; and
4. The Agency Procurement and Surplus Property Manual (1VAC30-130), issued by the Department of General Services, Division of Purchases and Supply.
Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Juvenile Justice. Using regulations promulgated by the board and by working together as partners from project planning through project construction and program implementation, the locality or localities and the department ensure that the optimum number of children are provided high quality services at a minimum cost to the locality or localities and to the Commonwealth.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 1.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
Part II
Definitions
6VAC35-30-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity as provided herein.
"Board" means the Virginia Board of Juvenile Justice.
"Board-approved funding formula" means the method by which construction costs are calculated as provided for in 6VAC35-30-65.
"Board regulation" means a regulation or section or subsections thereof promulgated and approved by the board.
"Department" or "DJJ" means the Department of Juvenile Justice.
"Efficiency ratio" means the proportion of a building's net usable area to its gross floor area.
"Local facility" or "facility" means a juvenile residential facility that is or may be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may be regulated by the board.
"Needs assessment" means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.
"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the Schematic Design (15%) Document level, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected design, construction, operation, maintenance costs, and a cost/benefit analysis.
"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board.
"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.
"Sponsor" means a city, county, commission, or any combination thereof, or any private entity under contract or arrangement with any city, county, commission, or any combination thereof, that is actually or proposing to build, renovate, expand, or operate a local facility.
"Substantive change" means any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement, as detailed in approved department procedures.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 2.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-30. (Repealed.)
Historical Notes
Derived from VR690-15-001 § 2.2, eff. September 9, 1992; repealed, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
Part III
Procedures
6VAC35-30-35. Prescreening.
A. Any sponsor planning any construction, renovation, enlargement, or expansion of a local facility shall submit an initial writing to the department that shall include a graphic showing any proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure. The department shall review the initial writing and inform the sponsor in writing whether the project is subject to this regulation as soon as practicable but no later than 30 days from the receipt of the initial writing from the sponsor. If the department fails to respond in the required time frame, the sponsor may proceed with the reimbursement request in accordance with this chapter.
B. Any request shall be determined to be in one of the following categories:
1. For any new construction, change, or modification of an existing local facility or piece of stationary equipment, including security related upgrades, that will affect the facility's compliance with a board regulation, result in a change in certification or licensure status, or result in increased square footage, bed space, or capacity shall be subject to this regulation.
2. For any facility enhancements not provided for in subdivision 1 of this subsection for which the sponsor seeks reimbursement, the sponsor shall submit a project overview and cost estimates to the board for approval and shall be subject to the requirements of 6VAC35-30-180. The department and board may require additional documentation.
3. Minor changes, such as routine maintenance, shall not be subject to this regulation and shall be managed informally in accordance with department procedures.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-40. Reimbursement request.
A. Requests. For all projects subject to this regulation, the department shall advise the sponsor of the deadline for submissions necessary to obtain approval, for inclusion in the department's budget request to the Governor, and for consideration during the next General Assembly session.
B. Needs assessment. The sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall consider the needs assessment at its next regularly scheduled meeting and shall approve, reject, or return the needs assessment.
1. If the needs assessment is approved by the board, the department shall advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project.
2. If the needs assessment is returned to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.
3. The department shall advise the sponsor of the board's decision, in writing, within seven business days of the board's decision.
C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.
1. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.
2. The board shall consider the planning study at its next regularly scheduled meeting and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.
3. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 3.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-45. Effect of legislative moratorium.
A. In such times when the Virginia General Assembly has imposed a moratorium on construction and reimbursement of construction costs, the sponsor shall follow the requirements of this chapter.
B. To obtain any reimbursement thereafter, the sponsor shall:
1. Pursue a legislative exception to the moratorium on construction and reimbursement of construction costs; or
2. Request reimbursement at such time as the Virginia General Assembly authorizes funding for such projects.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-50. (Repealed.)
Historical Notes
Derived from VR690-15-001 § 3.2, eff. September 9, 1992; repealed, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-60. Criteria for board funding recommendation.
A. Demonstrated need. The board shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment and Planning Study.
B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the interior design of the facility with special concern for the number of staff required, functional layout, material selection, and energy efficiency, with special emphasis on meeting the needs of youth and the mission of the facility.
C. Construction cost. All sponsors shall calculate construction costs in accordance with the funding formula provided in 6VAC35-30-65. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities.
D. Board review of construction costs. The economy of construction cost is necessary and shall be reviewed as follows:
1. Review for efficiency.
a. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the efficiency of the renovated spaces, the appropriateness of the proposed changes, and the relationship of the changes to the project of a whole.
b. Projects of new construction shall be reviewed for the building's appropriate efficiency ratio. The board may request further information from the sponsor on projects with a building's efficiency ratio of less than 65%.
2. The board may adjust the amount being requested for reimbursement funding as follows:
a. A reduction in funding when functional areas of the facility, such as the kitchen, recreation area, educational facilities, visiting area, and laundry facilities are not included or are included at a size not in conformance with applicable regulations or normal practice;
b. An increase in funding when support services areas are proposed at sizes larger than necessary in anticipation of future enlargements or expansions of the facility;
c. A decrease in funding when the building's efficiency ratio is less than 65%; and
d. An increase in funding when the facility includes areas for extraordinary program activities.
3. Any adjustments made by the board in funding shall be based upon the gross square footage of the various conditions multiplied by a cost equal to the adjusted median cost or the proposed gross square foot cost of the facility, whichever is less.
E. Phased reimbursement of projects. A sponsor may request, when submitting the planning study for review, to receive portions of the total project reimbursement based upon the completion of the project in phases. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor; however, reimbursement will be in amounts proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to be placed in service.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 3.3, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-65. Funding formula.
A. The following funding formula shall be used to calculate estimated construction costs at the Schematic Design (15%) Documents level in the planning study phase:
1. A cost per square foot base figure shall be the national median square-foot cost for jails published in the 24th annual edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with consideration taken of the "location factor," which is the materials and labor cost differential specific to the project's geographical location.
2. The cost per square foot, adjusted using the location factor, must be in accordance with all applicable codes and standards and in accordance with the following formula:
National cost per square foot (from Means)
X Location Factor (from Means)
X Area allowance per bed (as provided for in subsection B of this section)
= Adjusted median construction cost of local facility.
3. The total project cost shall include:
a. Construction cost;
b. Site and utilities (from Means);
c. Architectural and Engineering services (services as defined in the Construction and Professional Services Manual (CPSM));
d. Furnishing and equipment (as itemized by the sponsor);
e. Project inspection (services as defined in the CPSM);
f. Contingency (10.0%);
g. Inflation factor (yearly market inflation rate applied from January 1 of the year of the submitted design through the midpoint of construction, compounded);
h. Property purchased specifically for this facility; and
i. Other.
B. The following area allowances per bed shall be used to calculate the adjusted median construction cost of a local facility:
1. A maximum of 700 square feet per bed for facilities up to 35 residents;
2. A maximum of 650 square feet per bed for facilities of 36 to 79 residents; and
3. A maximum of 550 square feet per bed for facilities with 80 or more residents.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-70. Funding priorities.
The board shall prioritize reimbursement requests in a manner to ensure an equitable distribution of state funds across the Commonwealth; and, absent a health, safety, or welfare risk requiring priority, the board shall ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by the needs assessment.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 3.4, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-80. Board recommendations to the Governor.
A. The department shall notify the sponsor in writing within seven business days of the board's decision to recommend or not to recommend a project for reimbursement. If the recommendation is not to recommend reimbursement, the department shall briefly explain the rationale for the decision.
B. The board shall submit to the Governor, or his designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.
C. Final appropriations are subject to the Governor's approval and legislative enactment.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 3.5, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
Part IV
Project Development
6VAC35-30-90. Preliminary design.
A. The sponsor shall submit preliminary design (35%) documents to the department as defined in the CPSM and required by approved department procedures.
B. Preliminary design (35%) documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein.
1. If the department requires changes to the preliminary design (35%) documents, all such required changes shall be communicated in writing to the sponsor.
2. The sponsor shall respond in writing to the department to all comments received from the department in the preliminary design review. Necessary revisions to the project documents may be incorporated in the submission of the construction documents (referred to as the "working drawings" in the CPSM); however, all issues detailed in these writings shall be resolved before the project is advanced to the construction document phase (referred to as the "working drawings phase" in the CPSM).
C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed to the construction documents phase.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 4.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-100. Construction documents.
A. The sponsor shall submit construction documents to the department as defined in the CPSM and required by approved department procedures.. The construction documents shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.
B. The construction documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents incorporated herein, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases the sponsor from other applicable responsibilities and requirements.
1. If the department requires changes to the construction documents, all such required changes shall be communicated in writing to the sponsor.
2. The sponsor shall respond in writing to the department to all comments received from the department in the construction document review. All issues detailed in these writings shall be resolved before the project is advanced to the bidding phase.
C. When all review comments have been addressed and resolved, the department shall approve the construction documents and advise the sponsor in writing, as required in approved department procedures, that the project may progress to the bidding phase (referred to as the "bid documents phase" in the CPSM).
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 4.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-110. Change order process.
If, during the project development stage, any substantive change in the scope of the project, any increase in the estimated cost of construction, or any change in the operational staff requirements occurs, the review process shall be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 4.3, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
Part V
Project Construction
6VAC35-30-120. Bidding.
After bids for construction have been received and opened and the sponsor has determined to proceed with the project, the sponsor shall submit to the department a bid tabulation, analysis, and recommendation as to the award of the contract. Any comments by the department shall be forwarded to the sponsor within five business days of receipt; and the sponsor shall respond to the comments in writing within 10 business days of receipt of the department's comments. The department's failure to respond in the required time frame shall serve as acceptance of the sponsor's recommendation as to the award of the contract.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 5.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-130. Construction.
A. During the construction of all projects, the sponsor shall submit monthly inspection or progress reports to the department. The sponsor shall submit the reports to the department no later than the 15th day of the month following the inspection or when the progress report became due. The department shall notify the sponsor in writing within 10 business days after receipt of any issues or problems with the project or the reports. The department's failure to respond in the required time frame shall serve as acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.
B. Any substantive change during the construction phase shall be submitted in writing to the department for review and approval before any such change is executed. Only those changes that are approved through the approved department procedure shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 5.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-140. Final inspection.
A. Upon construction completion, the sponsor shall establish a schedule for final inspection of the project. This schedule shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the schedule; (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) the submission of a report of completed actions to the appropriate reviewing agencies and to the department.
B. Upon completion of the final inspection and corrective actions as required, the sponsor shall provide to the department copies of all required regulatory agency letters verifying approval of the completed project and shall certify to the department the completion of the project.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 5.3, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-150. Record documents.
The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record." The record documents shall be prepared as defined in the CPSM and in accordance with approved department procedures.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 5.4, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
Part VI
Private Construction of Juvenile Facilities
6VAC35-30-160. Private construction of juvenile facilities.
Section 16.1-322.5 of the Code of Virginia allows the board to authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or design and construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by § 16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 6.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-170. Requirements for contract authorization.
Prior to receiving the board's authorization to enter into a contract for private construction, sponsors shall certify and submit documentation demonstrating that all requirements mandated by § 16.1-322.5 of the Code of Virginia have been met by both the sponsor and the contractor.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 6.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
Part VII
Final Reimbursement
6VAC35-30-180. Request for final reimbursement for all projects.
A. Upon completion of the project, the sponsor shall submit the documentation specified by approved department procedures to the department.
B. If the final amount of reimbursement requested is not greater than the reimbursement amount initially recommended, including the contingency, the department shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The reimbursement request shall be in the form specified by the department.
C. If the final amount of reimbursement requested is greater than the reimbursement amount initially recommended, the sponsor shall justify the cost increase and submit the adjusted reimbursement request to the board and the Governor, or his designee, for approval.
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 7.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
6VAC35-30-190. Compliance.
Failure to comply with these regulations will delay the review process and recommendation for disbursement of funds, may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house residents in the facility as provided for in the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20).
Statutory Authority
§§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
Historical Notes
Derived from VR690-15-001 § 7.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.
Documents Incorporated by Reference (6VAC35-30)
R.S. Means Facilities Construction Cost Data 2009, 24th Annual Edition, R.S. Means-Reed Construction Data (http://rsmeans.reedconstructiondata.com).