Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, January 28, 1995                   TAG: 9501300050
SECTION: VIRGINIA                    PAGE: C-4   EDITION: METRO 
SOURCE: PAUL DELLINGER STAFF WRITER|
DATELINE: WYTHEVILLE                                LENGTH: Medium

DELEGATE SAYS HE CAN'T STOP WYTHE PRISON

``In my research on this matter, I do not think the state of Virginia can prevent a private prison from locating in any county in this commonwealth, especially in rural areas that don't have zoning," Del. Thomas Jackson, D-Hillsville, said in a statement broadcast by Wytheville radio station WYVE.

``And I also believe at this point,'' he continued, ``that any private prison that locates has the right to contract for federal prisoners, regardless of what the General Assembly says.

``We do have regulations in place in Virginia that say you can't take state prisoners from other states. But there's certainly no provision against federal prisoners, which I'm certain would come from all across the country.''

CCA President David Myers said last month there were no plans to house federal prisoners at this time.

The recently organized Citizens Against the Prison continued gathering petition signatures in favor of a referendum Friday, hoping a vote would be negative enough so the state would not use the prison. ``I don't think they're going to go ahead and build and not have a contract'' from the state, prison opponent Danny Shultz said.

Jackson introduced the referendum legislation in Richmond this week. The county Board of Supervisors deadlocked 3-3 Tuesday on whether to support a referendum.

``There's been no advisory referendum approved that did not have a local board authorization,'' Jackson said. ``If the Wythe County board does not see fit in their wisdom to ask for a referendum ... then I think the chances of getting that referendum through are very limited.''

The referendum bill has gone to the House Privileges and Elections Committee for consideration.

The supervisors will vote on the motion again at a special meeting at 7 p.m. Wednesday in the George Wythe High School auditorium. A second tie vote would kill it, under the board's procedures.

Jackson said he agreed to seek legislative approval for a referendum at the request of prison opponents because he understood that Gov. George Allen and Secretary of Public Safety Jerry Kilgore want prisons only where communities are agreeable to having them.

``That says that the state of Virginia needs to know how a locality feels about the siting of a prison before they enter into a contract with that prison,'' Jackson said.

``I know there's a lot of disagreement over whether it's a good idea or whether it's a bad idea,'' he said. ``The only issue, really, that I can be involved in as a state legislator is whether or not the state of Virginia is going to do business with the prison that doesn't have that local approval.''

A different company has approached Bland County officials about the possibility of building a 500-bed prison there. Jackson said he understood a third company had expressed interest in Tazewell County as a prison site.

``You're going to see, under the rule of supply and demand, a lot of private prison companies looking at Virginia,'' he said, ``because they understand that, with the abolition of parole, there's a real bed-space need across Virginia.

``And I think the fact that Southwest Virginia in particular doesn't have zoning means that they could come into Southwest Virginia and not go through all the expense of hiring attorneys to fight zoning laws. ... They can come out to Southwest Virginia and get a building permit and start.''

Jackson said an effort may be made this year to put some guidelines in place ``as to how this whole process ought to go forward in the future. ... The locality ought to have the ability to decide where the Department of Corrections does this and where it doesn't.''