Be it enacted by the General Assembly of Virginia:
1. That §53.1-20.1 of the Code of Virginia is amended and reenacted as follows:
§53.1-20.1. Compensation of local jails for cost of incarceration.
If the Director is unable to accommodate in a state
correctional facility any convicted felon sentenced to the Department for a
felony committed before January 1, 1995, whose sentence totals more than two
years or who is convicted of a felony committed on or after January 1, 1995,
and who is required to serve a total period of one year or more in a state correctional
facility, the Department of Corrections shall compensate local jails for the
cost of incarceration as provided for in the
general appropriation act beginning on the sixty-first day
following follows after
the date of mailing by certified letter or electronic transmittal by the clerk
of the committing court to the Director of the final order:
1. For the first 60 days of incarceration following such date, at the rate of $12 per inmate per day;
2. For more than 60 but not more than 90 days of incarceration following such date, at the rate of $40 per inmate per day; and
3. For more than 90 days of incarceration following such date, the actual cost of incarceration as calculated in the jail report prepared annually by the Compensation Board.