Administrative Code

Virginia Administrative Code
4/23/2024

6VAC15-81-310. Criteria for board funding recommendation.

A. The board shall evaluate the need for the project as demonstrated by the information provided in the needs assessment, planning study, or the minor renovation project information.

B. The board shall take into consideration the operational cost efficiency of the interior design of the facility with special concern for the number of security staff required, functional layout, material selection, and utilities costs.

1. Security staffing levels will be generally based on the operational capacity of the facility and in accordance with the staffing ratio requirements of the appropriation act.

2. Any proposed facility requiring a less efficient staffing ratio than the appropriation act requirement shall be justified and approved by the board in order to be considered for reimbursement.

C. Economy of construction cost is necessary and will be reviewed as follows:

1. 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 as a whole.

2. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the adjusted median cost of local correctional facilities. The comparison of project costs to the adjusted median cost shall be made utilizing the appropriate estimated construction costs that were based on current cost values.

3. Increases and decreases in funding shall be based on costs listed in the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc., adjusted for appropriate variables. When reviewing the construction costs, the reviewing authority may recommend adjustment of the amount being requested for reimbursement funding for the following reasons:

a. When support service areas of the facility are not included, included at a size not in conformance with this chapter, or are included at sizes larger than necessary in anticipation of future expansion of the facility;

b. When planned facilities vary from the recommended custody level percentages contained in 6VAC15-81-650 by more than 10% of each custody level;

c. When construction is proposed for space or spaces to be utilized for inmate industries; or

d. When site location circumstances warrant consideration.

D. The adjusted median cost of local correctional facilities shall be calculated by the department using national area averages based on the number of beds and the following procedure:

1. For jails housing maximum, medium, and minimum custody inmates, a cost per square foot base figure shall be the national median square-foot unit cost published in the latest edition of "Means Facilities Cost Data" or "Means Square Foot Costs" published by RSMeans Company Inc.

2. For dormitories providing only community custody housing a cost per square foot base figure shall be the national median square-foot cost for college dormitory from the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc.

3. The national square-foot cost shall be adjusted for applicability to Virginia localities by applying an adjustment factor given for appropriate class of structures in the local building construction multipliers section of the "Marshall Valuation Service Manual" published by Marshall & Swift, latest edition.

4. For the purposes of cost calculations only, the adjusted square-foot costs shall be multiplied by per-bed area allowances based on the national average gross square footage of facilities; the area allowances shall be:

a. Facilities housing maximum, medium, and minimum inmates - 400 square feet per bed;

b. Community custody housing facilities with 50 or fewer beds - 275 square feet per bed; and

c. Community custody housing facilities with more than 50 beds - 250 square feet per bed.

E. The adjusted median state construction cost of local correctional facilities shall be calculated by the department based on the number of beds and the following procedure:

1. Adjusted median cost for the local correctional facility shall equal:

a. National cost per square foot multiplied by local modifier multiplied by area allowance per bed as found in "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc. plus.

b. Additives to the cost must be indicated and justified.

2. The amount recommended for project funding shall not exceed the adjusted median construction cost plus 10% plus other costs as addressed in 6VAC15-81-290, or planning study estimated cost, whichever is less. Costs exceeding the state allowed amount as calculated in 6VAC15-81-290 Q must be borne solely by the owner.

3. Construction cost shall be based on costs as of the midpoint of the construction schedule.

4. The median cost of the local correctional facility is the reasonable cost of items similar to those listed in the cost template shown below:

Cost Analysis

Name of Jail:

Date:

Locally Requested Cost

Eligible Cost:

Part I - New Construction Costs

Building cost

Sitework

New Construction Cost Subtotal

Part II - Project Construction Costs

Building renovation cost (number of square feet and cost per square feet)

Unusual site conditions

VDOT access lanes

Off-site utilities

Utility relocation

Project Construction Costs Subtotal

Part III - Other Project Costs

A/E fees

Community based corrections plan/planning study

Value management analysis

Construction manager/clerk of the works

Fixtures, furnishings & equipment

Communications/data equipment

Testing/special inspections

Survey, topo, environmental & utility locator

Geotech

Printing, reproduction & advertising

Permits, fees & connection charges

Record drawings

Other Costs Subtotal:

Contingency Costs (based on total costs less A/E fees and planning study and percentage used):

Total Project Costs

Note: Line items are suggested. For example, not all line items may be applicable. However, more line items may be required.

F. The cost of renovation of an existing facility shall be reviewed on a case-by-case basis and shall be presented in calculations separate from new construction costs.

G. Unless an extension is granted by the board, board approval expires after three years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

Statutory Authority

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

Historical Notes

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

6VAC15-81-320. Funding priorities.

The following criteria, listed in order of importance, shall serve as a guide for determining the level of priority given to requests for reimbursement:

1. Replacement or renovation of bed space lost due to fire, earthquake, or other disaster.

2. Renovation of an unsafe facility that is documented as out of compliance with board life, health, and safety provisions of 6VAC15-40 (Minimum Standards for Jails and Lockups) or a court-ordered renovation, expansion, or new construction.

3. Construction of a regional facility that results in the replacement or closure of two or more local facilities.

4. Expansion of an existing local correctional facility or regional facility experiencing overcrowding that is expected to continue based upon factors described in the needs assessment.

5. New construction for a locality that does not currently have a facility or is not participating in an existing local correctional facility or regional facility.

6. Expansion or renovation of support facilities.

7. Phased construction projects.

8. Construction project cost overruns.

9. Construction by localities that received reimbursement within the previous five years for beds of construction with a limited life span. These localities shall not receive recommendation for approval for replacement of those beds with another secure or community custody facility.

Statutory Authority

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

Historical Notes

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

6VAC15-81-330. Board recommendations.

A. The department shall direct a letter to the owner notifying the governing body of the board's decision to recommend, or not to recommend, a project for reimbursement.

B. The department shall notify the Department of Planning and Budget and Treasury Board of the board's approvals and approval expirations of proposed jail construction to include project description and reimbursement recommendation amount.

C. Final appropriations are subject to the Governor's approval and legislative enactment.

Statutory Authority

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

Historical Notes

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

6VAC15-81-340. Reimbursement rates.

The reimbursement rates to localities for construction, expansion, or renovation of local correctional facilities shall be governed by §§ 53.1-80, 53.1-81, and 53.1-82 of the Code of Virginia.

Statutory Authority

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

Historical Notes

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

6VAC15-81-350. Required forms.

Upon project approval by the board, the owner shall be responsible for obtaining and submitting all forms as required by the Treasury Board if the project is to be funded by the Treasury Board.

Statutory Authority

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

Historical Notes

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

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