Chap. 62.—An ACT to amend and re-enact section 2073 of the Code of Virginia,
as amended, and to further amend the Code of Virginia by adding thereto two
new sections numbered 2073-a and 2073-b, all pertaining to the State convict
road force, the employment of convicts and misdemeanants, and the purchase
of articles produced and. manufactured thereby. [S. B. 23]

Approved September 15, 1933

1. Be it enacted by the General Assembly of Virginia, That section
twenty hundred and seventy-three of the Code of Virginia, as amended,
be amended and re-enacted, and that the Code of Virginia be further
amended by adding thereto two new sections numbered twenty hundred
and seventy-three-a and twenty hundred and seventy-three-b, so that
said amended section and new sections shall read as follows:

Section 2073. All male prisoners convicted of felony, and sentenced
to confinement in the penitentiary, and all male persons now convicted
and confined in the public jails, or who may be hereafter convicted and
so confined, and sentenced to the road force for a misdemeanor, shall,
when delivered to the superintendent of the penitentiary, under the pro-
visions of sections twenty hundred and seventy-five and twenty hundred
and ninety-six, constitute the State convict road force. But such con-
victs as the State Prison Board and the superintendent of the penitentiary
shall deem it improper or unsafe to be put on the convict road force or
other public works, on account of physical condition, character, or dis-
position, may be employed by the State prison board in work for the
State at the penitentiary, at the State penitentiary farms, at the State
lime grinding plants, or in State or county stone quarries. Convicts or
misdemeanants actually confined within the penitentiary at Richmond,
or at State farms, however, shall be used, as far as possible, in the
making of articles required by the departments, institutions and agencies
of the State which are supported in whole or in part by the State, and
the State Prison Board is authorized and empowered to charge such
departments, institutions and agencies the actual cost of the materials
used in the manufacture and production of articlés furnished them,
and in addition thereto an amount sufficient to defray the maintenance
costs of the prisoners employed in such State-use industries, and to
keep in repair and to replace the machinery, tools, et cetera, used in the
manufacture and production of the various articles furnished. Any
surplus and articles so manufactured or produced not required by the
departments, institutions and agencies of the State which are sup-
ported in whole or in part by the State, may be disposed of by the State
Prison Board by sale to municipal and county agencies in Virginia and
to Federal, State and local public agencies within or without the State
of Virginia, or as the State Prison Board, with the approval of the
Governor, may deem to be the best interests of the State. Provided,
however, that the products of the State-use printing shop at the peni-
tentiary, shall be sold only to such departments, institutions and agencies
of the State and to State agencies controlled by the State of Virginia,
and shall not be sold to offices or agencies of the counties, cities and
towns. of the State of Virginia, or in the open markets. It is further
provided that the said State Prison Board, heretofore called the peni-
tentiary board, on the part of the State, with the approval of the
Zovernor, may extend the contracts of employment at the penitentiary
1t Richmond and at the State penitentiary farm, in force on the passage
»f this act, or may enter into new contracts, to such an extent as may be
1ecessary to obviate the necessity of keeping in idleness convicts actually
-onfined in the penitentiary at Richmond, or at the State penitentiary
farm, and not otherwise employed. But no such contracts shall be
»xtended or renewed or new contracts entered into, unless and until the
ontractor or contractors, as the case may be, shall have given bond
in form approved by the Attorney General of Virginia, and with such
security and in such penalty as may be determined by the State Prison
Board with the advice and consent of the Governor, conditioned upon
the faithful performance of all the terms of said contracts.

Section 2073-a. On and after the first day of January, nineteen hun-
dred and thirty-four, all departments, institutions and agencies of this
State which are supported in whole or in part by the State shall, and
all counties and districts of such counties and cities and towns in this
State may, purchase from the State Prison Board all articles required
by such departments, institutions and agencies of the State, or by such
counties, districts, cities or towns, produced or manufactured by the
State Prison Board by convicts or misdemeanants confined within the
penitentiary or elsewhere employed within this State, including products
of the penitentiary and State farms and no such article shall be pur-
chased by any such department, institution or agency of the State from
any other source unless excepted from the provisions of this section as
hereinafter provided. :

All purchases shall be made through the Division of Purchase and
Printing upon requisition by the proper authority of the department,
institution or agency of the State or of the county district, city or
town requiring such articles. ,

Exceptions from the operation of the mandatory provisions of this
section may be made in any case where in the opinion of the Governor,
the Comptroller and the Director of the Division of Purchase and
Printing, or a majority of them, who are hereby constituted a board for
such purpose, the article so produced or manufactured does not meet
the reasonable requirements of such department, institution, or agency
of the State, or in any case where the requisition made cannot be com-
pletely complied with on account of an insufficient supply of the articles
or supplies required or otherwise. No such department, institution 01
agency of the State shall be allowed to evade the intent and meaning
of this section by slight variations from standards adopted by the State
Prison Board, when the articles produced or manufactured by it in ac-
cordance with its standards are reasonably adapted to the actual needs
of such department, institution or agency.

No voucher, certificate, or warrant issued on the Comptroller by an}
such department, institution or agency shall be questioned by him o1
by the State Treasurer on the ground that this section has not been com.
plied with by such department, institution or agency; but intentiona
violations of this section by any such department, institution or agency
continued after notice from the Governor to desist, shall constitute mal-
feasance in office, and shall subject the officer or officers responsible fo:
such violations, to suspension or removal from office, as may be pro-
vided by law in other cases of malfeasance.

Section 2073-b. The State Prison Board shall cause to be preparec
annually, at such time as it may determine, a catalogue containing a de-
scription of all articles and supplies manufactured and produced by it
pursuant to the provisions of section twenty hundred and seventy-three
copies of which catalogue shall be sent by it to all departments, institu-
tions and agencies of the State referred to in the preceding section. At
least thirty days before the commencement of each fiscal year, the
proper official of each such department, institution and agency of the
State shall report to the Division of Purchase and Printing estimates
for the ensuing year or quarter of the kinds and amounts of articles
and supplies required by them for ensuing year or quarter, referring in
such estimates to the catalogue issued by the State Prison Board, in
so far as the articles and supplies indicated are included within said
catalogue. :