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Virginia Code

Va. Code Ann. § 53.1-80 (2026)

State reimbursement of localities for construction

✓ current as of May 2026
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A. On and after July 1, 1993, the Commonwealth shall reimburse any city or county up to one-fourth of the capital costs of a jail construction, enlargement or renovation project upon a basis approved by the Board in accordance with the provisions of this section. On and after July 1, 1993, (i) any three or more cities or counties, or any combination thereof, which do not qualify for reimbursement pursuant to § 53.1-81 or § 53.1-82 and (ii) any two cities or counties or any combination of a city and a county which jointly construct, enlarge or renovate a jail upon a basis approved by the Board in accordance with the provisions of this section shall be reimbursed by the Commonwealth on a pro rata basis up to one-fourth of the capital costs, as defined in § 53.1-82.2, of such project. The Board shall promulgate regulations, to include criteria which may be used to assess need and establish priorities, to serve as guidelines in evaluating requests for such reimbursement and to ensure the fair and equitable distribution of state funds provided for such purpose. The Department shall apply such regulations in preparing requests for appropriations. No such reimbursement shall be had unless the plans and specifications, including the need for additional personnel, thereof have been submitted to the Governor and the jail project has been approved by him. The Governor shall base his approval in part on the expected operating cost-efficiency of the interior design of the facility. Reimbursements shall be paid subject to the provisions of § 53.1-82.2.

No (i) project to construct, enlarge, or renovate a jail or regional jail facility or to enlarge or renovate an existing jail that was not approved by the Governor prior to July 1, 2015, or (ii) project that is not an enlargement or renovation of a regional jail created prior to July 1, 2015, shall be eligible for reimbursement from the Commonwealth unless such project has been specifically authorized in the general appropriation act.

B. In the event that a county or city requests and receives financial assistance for capital costs of such jail project from the Department of Criminal Justice Services or from other public fund sources outside of the provisions of this law, the total financial assistance and reimbursement shall not exceed the total cost of the project.

Code 1950, § 53-133.1; 1968, c. 304; 1970, cc. 252, 373; 1973, c. 233; 1981, c. 380; 1982, c. 636; 1983, c. 358; 1989, c. 423; 1993, cc. 387, 787; 1995, c. 305; 2015, c. 749.

Notes of Decisions
Cited in 3 cases, 1992–2004 · leading case: McCoy v. Chesapeake Corr. Ctr., 788 F. Supp. 890 (E.D. Va. 1992).
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McCoy v. Chesapeake Corr. Ctr., 788 F. Supp. 890 (E.D. Va. 1992). · cites it 3× “Va.Code Ann. §§ 53.1-80 and 53.1-83 (1991).”
Brown v. Mitchell, 327 F. Supp. 2d 615 (E.D. Va. 2004). · cites it 2× “Under Va.Code Ann. § 53.1-80(A), the Commonwealth will reimburse a city or county up to one quarter of the capital costs incurred in jail construction, enlargement, or renovation.”
May v. Newhart, 822 F. Supp. 1233 (E.D. Va. 1993). · cites it 2× “Va.Code Ann. § 53.1-80 (1991). It may also receive financial assistance from the state for the operating costs of its jail.”
Va. Code Ann. § 53.1-80(A): 1 case
Brown v. Mitchell, 327 F. Supp. 2d 615 (E.D. Va. 2004). “Under Va.Code Ann. § 53.1-80(A), the Commonwealth will reimburse a city or county up to one quarter of the capital costs incurred in jail construction, enlargement, or renovation.”
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