ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, August 24, 1996 TAG: 9608260056
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
DATELINE: RICHMOND
SOURCE: Associated Press
The state was not obligated to provide $3.2 million for a prisoner counseling program, even if Gov. George Allen had not vetoed the money, an attorney for the state government argued in court Friday.
Frank Ferguson of the attorney general's office argued that state law gives the Department of Criminal Justice Services the discretion to give VA CARES the money, but such funding was not mandatory.
``If it is mandatory, it runs afoul of the Virginia constitution's provision against special legislation treating one particular economic interest in a favored way,'' Ferguson said after the brief hearing.
The Roanoke-based VA CARES filed a lawsuit June 3 in Richmond Circuit Court claiming that Allen's veto of its two-year appropriation was unconstitutional and asked the court to declare it void. The organization claims Allen can only delete entire lines from the budget with his veto power, not specific items within the line.
Friday's hearing did not address the issue of whether Allen had the authority to veto the funding.
Since 1987, the organization has had an exclusive contract with the state to provide pre-release and post-incarceration services for prisoners.
No ruling was issued Friday.
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