Chap. 226.—An ACT to amend and re-enact Sections 4, 6, 8 and 9 of Chapter 386
of the Acts of Assembly of 1942, approved April 2, 1942, relating to the com-
pensation and expenses of sheriffs and sergeants, the feeding and care of jail
prisoners and the payment of the costs thereof, the method of keeping and
certifying accounts covering such costs, the furnishing of unusual medical, hos-
pital and dental service to prisoners, and prohibiting the use of prisoners in cer-
tain instances. [S 85]

Approved March 15, 1944

Be it enacted by the General Assembly of Virginia:

1. That sections four, six, eight and nine of chapter three hundred
eighty-six of the Acts of Assembly of nineteen hundred forty-two, ap-
proved April two, nineteen hundred forty-two, be amended and re-
enacted, as follows:

Section 4. Expenses of Sheriffs and Sergeants and Their Full-Time
Deputies—(a) Each sheriff and each sergeant, and each full-time
deputy of either, shall keep a record of all expenses incurred by him
including expenses of traveling, telephone, telegraph, clerical assistance,
office facilities and supplies, bond premiums, cook hire, and any other
expense incident to his office. Each such full-time deputy shall file a
monthly report with his principal, showing in detail the expenses in-
curred by him.

(b) Each sheriff and each sergeant shall submit a statement of all
expenses incurred by him, and by each of his full-time deputies, to the
Compensation Board on or before the tenth day of April, July, October,
and January, covering the three months preceding period. Each officer
shall at the same time transmit a copy of said statement to the board
of supervisors of the county or the council of the city for which he is
elected or appointed. It shall be the duty of the Compensation Board to
examine said statement of expenses incurred, and in the event it is of
opinion that the annual expense allowance which it has made to any such
officer is greater or less than necessary to defray the proper expenses of
such officer, then the annual expense allowance theretofore made to said
officer shall be reduced or increased to conform to the findings of the
Compensation Board. From any such reduction or increase in such
allowances the board of supervisors, the city council, or the officer af-
fected, shall, however, have the same right of appeal as is provided in
the case of other salaried officers of the counties and cities by chapter
three hundred and sixty-four of the Acts of the General Assembly of
nineteen hundred and thirty-four.
(c) Notwithstanding the provisions of the foregoing subsection, the
governing body of any county or city may, with the approval of the Com-
pensation Board, enter into such agreement with the sheriff or sergeant
ot such county or city with respect to the traveling expenses, including the
use of privately owned vehicles, of such sheriff or sergeant and his depu-
ties as the said governing body may deem proper.

Section 6. Salaries and Expenses, How Paid.—(a) The Common-
wealth shall pay two-thirds of the salaries and expense allowances of such
sheriffs and sergeants and their full-time deputies, and of the compensation
and expense allowances of their part-time deputies, fixed as hereinbefore
provided. The other one-third of the salaries and expense allowances of
such sheriffs and sergeants and full-time deputies, and of the compensa-
tion and expense allowances of their part-time deputies, shall be paid by
the respective counties or cities for which they are elected or appointed.
Such salaries shall be paid in equal monthly installments, and the expense
allowances shall be paid monthly when the amount thereof is established
as hereinabove provided.

If any sheriff or sergeant through his default or neglect fails to comply
with the requirements of the State Board of Corrections in the operation
and management of any jail or jails under his control or management,
the board shall file a complaint with the judge of the circuit or corporation
court of the county or city in which such jail is located giving ten days’
notice to the sheriff or sergeant that on a date fixed in the notice, or so
soon thereafter as convenient to the court a hearing on the complaint
will be had. If after hearing the evidence the court is of the opinion that
the complaint is justified it shall enter an order directing the State Com-
pensation Board to withhold approval of the payment of any further salary
to such sheriff or sergeant until the requirements of the State Board of
Corrections have been complied with. If the court is of the opinion that
the charges are unfounded, the complaint shall be dismissed.

(b) The payment of the Commonwealth’s share of such salaries
and expense allowances shall be made by the State Treasurer, out of funds
appropriated in the general appropriation act for criminal costs, on war-
rants of the Comptroller issued upon vouchers approved and signed by
the chairman of the Compensation Board, or by such other person or
persons as may be designated by the Compensation Board for such pur-
pase.

Section 8. Feeding and Caring for Jail Prisoners; Sheriffs’ and
Sergeants’ Records and Reports—(a) The sheriff of each county and
the sergeant of each city shall continue to perform all of the duties with
reference to keeping, feeding and caring for prisoners in the jail of his
county or city required of him by law, provided that he shall not be held
responsible for any acts of omission or commission on the part of the
jailer if such jailer at the time any claim is presented against him, shall
have executed a bond payable to the Commonwealth of Virginia with
solvent surety in an amount to he fixed by the judge of the circuit, corpo-
ration or hustings court, conditioned upon the faithful performance of his
duties. Each such officer shall also continue to keep all records and to
submit all reports required by law. Reports heretofore required to be
submitted by sheriffs and sergeants to the State Board of Public Wel-
fare shall hereafter be submitted to the State Board of Corrections.

The judge of the circuit or corporation court of any county or city
may, by order entered of record, allow men confined in the jail of such
county or city who are serving sentences imposed for misdemeanors to
work on the county poor farm or other county or city property on a volun-
tary basis, such prisoners to receive such credit on their respective sen-
tences for the work done as the court may in said order prescribe. Such
county or city working such prisoners on county or city property shall
pay the entire cost of feeding and caring for them, even though they are
serving sentences for violation of the laws of the Commonwealth. In case
some person other than the sheriff or sergeant is designated by the court
to have charge of such prisoners while so working, the court shall require
a bond of such person, in an amount to be fixed by the court, conditioned
upon the faithful performance of his duties, and the sheriff or sergeant
shall not be held responsible for any acts of omission or commission on the
part of such person.

(b) The sheriff or sergeant shall purchase all foodstuffs and other
provisions used in the feeding of jail prisoners, and such clothing and
medicine as may be necessary, which shall be purchased at prices as low
as reasonably possible. Invoices or itemized statements of account from
each vendor of such foodstuffs, provisions, clothing and medicines shall
be obtained by the sheriff or sergeant and laid before the board of super-
visors or city council, and he shall signify on each such statement or in-
voice that the merchandise has been received and that the terms of the
purchase have been complied with on the part of the vendor. Such certi-
fication shall be in the following words: “I hereby certify that the mer-
chandise or service has been received and that the terms of the purchase
have been complied with on the part of the vendor. The merchandise or
service has been or will be used solely for the feeding and care of pris-
oners confined in jail.” The original invoices or copies thereof, duly
certified as herein required, shall accompany each request for reimburse-
ment of such costs by the State. If any such county. or city has a pur-
chasing agent the board of supervisors or the city council may require all
such purchases to be made by or through such purchasing agent.

(c) Each such officer shall also keep a daily record showing the total
number of prisoners confined in the jail of his county or city, the number
of prisoners admitted, the number released, and the time of each such
admittance and of each such release. Such records shall show such in-
formation separately as to the prisoners of the Commonwealth, of each
county, city and town, of the United States, and of any other state or
country.

(d) Sheriffs and sergeants shall also keep such other accounts and
records, and furnish to the Board of Corrections such information and re-
ports, as may be required by the said Board.

(e) No sheriff or sergeant shall work any prisoner on property
owned by him or his relative, or on projects in which he is interested, nor
shall any such prisoner be used for the personal gain or convenience of
any sheriff or sergeant or his assistant, or of any private individual. All
meals for prisoners of which the Commonwealth shares in the cost shall
be prepared at the jail kitchen or other kitchen supervised by the jailer
unless permission is first obtained from the Board to purchase meals from
restaurants or establishments engaged in the business of serving meals or
from individuals, provided, that this requirement shall not be applicable
mn an emergency.

Section 9. Payment of Costs of Feeding, Clothing and Caring for
Jail Prisoners——(a) It shall be the duty of the board of supervisors of
the county or the council of the city, as the case may be, or their duly
authorized representative, to examine all statements of account and in-
voices laid before them by the sheriff or sergeant covering purchases of
foodstuff, provisions, clothing and medicines for jail prisoners, including
fuel used in preparing food for such prisoners, and, after satisfying them-
selves that the statements and invoices are correct, to cause warrants to
be issued on the county or city treasurer, or other disbursing officer, for
the payment of such accounts and invoices. The term “prisoner” as used
in this chapter shall mean any person held in confinement in jail for any
reason.

(b) The Commonwealth shall reinburse the county or city, as the
case may be, for such proportionate part of the reasonable cost of food,
(other than the cost of preparing and serving the same, which shall be
included as a part of the expenses of the sheriff or sergeant pursuant to
section four of this act) and of the clothing, medicines, lights, electric
light bulbs, water, heat disinfectants, bedding, mops, brooms, brushes,
cloths and other cleaning supplies, soap, towels, toilet tissue, sanitary
supplies for women, dishes, pots, pans, cutlery and other utensils used in
preparing and serving food, water buckets and garbage cans and other
similar supplies required for the prisoners confined in any county or city
jail but not including beds, chairs, tables, benches, desks, furnaces, toilet
fixtures, heating stoves, paint and painting equipment, locking devices and
building material, as the aggregate number of days spent in such jail by
prisoners accused or convicted of violation of the laws of the Common-
wealth, by persons held as witnesses in cases to which the Common-
wealth is a party, by persons confined in jail for contempt of court, and
by persons suspected of being or adjudged insane under the laws of the
Commonwealth, bears to the total aggregate number of days spent in
such jail by all prisoners confined therein; provided, however, that the
counties and cities working prisoners on projects shall pay the entire cost
of feeding and caring for such prisoners even though they are serving
sentences for violation of the laws of the Commonwealth.

In the event it shall be necessary to provide for the jail of any city
or county a cook stove for use in preparing food for prisoners, or a
refrigerator for use in storing and preserving of food for prisoners to
replace any such cook stove or refrigerator already in use at the jail that
has become unserviceable, or to provide a cook stove or refrigerator for
use as additional equipment at such jail, such equipment shall be pur-
chased in the manner set forth herein:

The sheriff or sergeant in charge of the jail shall certify the need of
such equipment to the governing body of the county or city, as the case
may, be, and to the State Board of Corrections. Upon receipt of such
certification, the State Board of Corrections shall investigate the need for
such equipment, and after being satisfied that the equipment is needed
for the proper operation of the jail shall make recommendations to the
governing body of the county or city covering the specifications needed
to be met by the equipment. Upon its being advised by the State Board
of Corrections of the specifications of the cook stove or the refrigerator re-
quired at the jail, such governing body shall purchase equipment to meet
these specifications, but if the equipment is new it shall be purchased
through the State Division of Purchase and Printing. The Common-
wealth shall reimburse the county or city in the amount of two-thirds of
the cost of such equipment.

(c) Each such sheriff and sergeant shall collect from the United
States, for prisoners of the United States confined in the jail of his county
or city, such amounts as shall be agreed upon by the governing body ot
the county or city and the appropriate authorities of the Government of
the United States, which amounts shall not be less than the actual cost of
feeding, clothing, caring for, and furnishing medicine and medical atten-
tion for, such prisoners. He shall also collect from the counties, cities
and towns of the Commonwealth, other than the county or city for which
he is elected or appointed, and from any other state or county for which
any prisoner is held in such jail, the reasonable costs, to be determined by
agreement with the governmental unit involved, or, in the absence of such
agreement, as shall be determined by the governing body of his county
or city, of feeding, clothing, caring for, and furnishing medicine and medi-
cal attention for, prisoners held for such county, city, town, state or
country. All moneys so collected from the United States or from any
such county, city, town, state or country shall be promptly paid into the
treasury of his county or city, and the total amount so collected shall be
retained by such county or city.

(d) If the board of supervisors of a county or the council of a
city shall elect to employ a jail physician at a definite monthly compensa-
tion to care tor the prisoners in the jail who are in need of medical atten-
tion, it shall have the power to do so, but the amount of compensation for
each physician shall be approved by the Compensation Board in ad-
vance. If the approval of the Compensation Board is not given, or if the
board of supervisors or city council does not elect to appoint a regular
jail physician at a definite monthly compensation, the rate established by
law for the payment of physicians for caring for the sick in jails shall
continue to be in effect. In either event the Commonwealth shall reim-
burse the county or city by two-thirds of the amount expended for medi-
cal care by such county or city.

Any unusual medical, hospital or dental service for a prisoner may be
arranged for by the sheriff or sergeant with the approval of the jail phvy-
sician. The expense of such service shall be borne by the Common-
wealth and the county or city in the same proportion as other costs are
borne under the provisions of subsection (b) of this section. No voucher
for any such medical, hospital or dental service shall be paid until the
amount thereof has been approved in writing by the jail physician. Pay-
ment for such services shall be made as in the case of other charges for
feeding and caring for prisoners.

(e) The governing body of each county and city shall cause to be
forwarded to the State Board of Corrections, monthly, within fifteen days
after the expenditures for feeding, clothing and caring for jail prisoners
have been approved by such body, requests for reimbursement by the
State for its share of such costs. The payment by the Commonwealth of
its share of such costs hereinbefore provided to be paid, shall be made
to the respective counties and cities by the State Treasurer upon war-
rants of the Comptroller issued upon vouchers certified by the boards of
supervisors of the counties or councils of the cities, or their duly author-
ized representatives, and approved by the Commissioner of Corrections,
or by such other person or persons as may be designated by the State
Board of Corrections for such purpose, out of the funds appropriated in
the general appropriation act for criminal charges.