A. The Governor and members of the General Assembly may go into the interior of any state correctional facility. Attorneys shall be permitted in the interior of a state correctional facility to confer with prisoners who are their clients and with prisoners who are witnesses in cases in which they are involved. The Director shall prescribe the time and conditions on which attorneys and other persons may enter any state correctional facility.
B. The Department shall promulgate a policy to assist a person who was a victim of a crime committed by an offender incarcerated in any state correctional facility to visit with such offender. Such policy may include provisions necessary to preserve the safety and security of those at such visit and the good order of the facility, including consideration of the offender's security level, crime committed, and institutional behavior of the offender. The Department shall make whatever arrangements are necessary to effectuate such a visit. This subsection shall not apply to juvenile victims.
C. Any person seeking to enter the interior of any state correctional facility shall be subject to a search of his person and effects, as provided in § 53.1-1.2. Such search shall be performed in a manner reasonable under the circumstances and may be a condition precedent to entering a correctional facility. However, no child under the age of 18 shall be strip searched or subjected to a search of any body cavity under any circumstances.
D. The Department may not permanently ban any person, or insinuate that any person will be permanently banned, from seeking entrance to a state correctional facility on the basis of such person's refusal to consent to a strip search or a search of any body cavity when such person is seeking to enter the interior of any state correctional facility. If a person refuses to consent to a strip search or a search of any body cavity when such person is seeking to enter the interior of any state correctional facility, the Department may deny such person entry to the facility, unless otherwise provided by law, but may not deny such person any future entry on the basis of a prior refusal to consent.
Code 1950, § 53-60.1; 1970, c. 648; 1978, c. 306; 1982, c. 636; 2010, c. 844; 2020, cc. 759, 1170, 1181.
Structure Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction
Chapter 2 - State Correctional Facilities
§ 53.1-18. Department to have custody of property; right to sue to protect property
§ 53.1-19. Establishment of correctional institutions
§ 53.1-20. Commitment of convicted persons to custody of Director
§ 53.1-20.1. Compensation of local jails for cost of incarceration
§ 53.1-21. Transfer of prisoners into and between state and local correctional facilities
§ 53.1-22. Misdemeanant suspected of having contagious disease
§ 53.1-23. Fingerprints, photographs and description
§ 53.1-23.2. Department to give notice of the receipt of certain prisoners
§ 53.1-24. Record of convictions and register to be kept
§ 53.1-25. Director to prescribe rules; rules to be available to prisoners
§ 53.1-25.1. Rules of state correctional facilities
§ 53.1-26. Confiscation of prohibited articles
§ 53.1-27. Establishment of stores in state correctional facilities
§ 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing
§ 53.1-29. Authority for correctional officers and other employees to carry weapons
§ 53.1-30. Who may enter interior of state correctional facilities; searches of those entering
§ 53.1-31. Sale or lease of gas, oil, or minerals
§ 53.1-31.1. Transportation of prisoners
§ 53.1-31.2. Notification of child support due by a prisoner
§ 53.1-31.3. Notification of incarcerated individuals ineligible for public assistance
§ 53.1-31.4. Department of Corrections-issued identification
§ 53.1-32. Treatment and control of prisoners; recreation; religious services
§ 53.1-32.01. Payment for bodily injury
§ 53.1-32.1. Classification system; program assignments; mandatory participation
§ 53.1-33. Physical examination of prisoner; ability to work
§ 53.1-33.1. Mandatory testing for human immunodeficiency virus
§ 53.1-34. Treatment of prisoner with contagious disease
§ 53.1-35. Correspondence privileges; receipt of publications
§ 53.1-35.1. Electronic visitation and messaging with inmates; fees
§ 53.1-35.2. Visitation of certain prisoners by minor dependents
§ 53.1-36. Prisoners may assist in medical research programs
§ 53.1-37. Furloughs generally; travel expenses; penalties for violations
§ 53.1-38. When ineligible for furloughs
§ 53.1-39. Certain punishment of prisoners prohibited
§ 53.1-39.1. Restrictive housing; data collection and reporting; report
§ 53.1-40. Appointment of counsel for indigent prisoners
§ 53.1-40.01. Conditional release of geriatric prisoners
§ 53.1-40.02. Conditional release of terminally ill prisoners
§ 53.1-40.1. Medical and mental health treatment of prisoners incapable of giving consent
§ 53.1-40.2. Involuntary admission of prisoners with mental illness
§ 53.1-40.3. Place of hearing or proceeding
§ 53.1-40.4. Appeal of order authorizing involuntary admission
§ 53.1-40.5. Transfer of prisoner involuntarily admitted
§ 53.1-40.6. Periodic review of prisoner for purposes of retention
§ 53.1-40.7. Discharge of prisoner involuntarily admitted
§ 53.1-40.8. Fees and expenses
§ 53.1-40.9. Civil admission proceeding prior to release
§ 53.1-40.10. Exchange of medical and mental health information and records
§ 53.1-40.12. Treatment of prisoners known to be pregnant
§ 53.1-40.13. Treatment of prisoners during postpartum recovery
§ 53.1-40.14. Reporting requirement
§ 53.1-40.15. Training of correctional facility employees regarding pregnant inmates
§ 53.1-40.16. Education for pregnant prisoners
§ 53.1-41. Opportunities for work and career and technical education
§ 53.1-42. Allowance for work and disposition thereof
§ 53.1-43. Pay incentives for prisoners
§ 53.1-43.1. Inmate trust accounts
§ 53.1-44. Investment of funds belonging to prisoners; use of income
§ 53.1-45. Sale of prison goods and services; print shop
§ 53.1-45.1. Work programs; agreements with other entities
§ 53.1-46. Sale of artistic products
§ 53.1-47. Purchases by agencies, localities, and certain nonprofit organizations
§ 53.1-48. Exceptions as to purchases
§ 53.1-49. Evasion by variance from specifications of Director
§ 53.1-50. Vouchers, certificates and warrants not to be questioned
§ 53.1-51. Intentional violations constitute malfeasance
§ 53.1-52. Procedure for purchases
§ 53.1-53. Transfer or sale of by-products of manufacturing processes
§ 53.1-54. Charges and catalogue; annual estimates of requirements by departments, etc.
§ 53.1-55. Sale or exchange of goods manufactured by prisoners of other states
§ 53.1-57. Payments by Department of Transportation to Director for labor
§ 53.1-58. Highway employees as guards
§ 53.1-60.1. Duties of Director in collecting court-imposed debt
§ 53.1-62. When ineligible for work release
§ 53.1-63.1. Department to establish facilities for juveniles sentenced as adults
§ 53.1-64. Programs and facilities
§ 53.1-65. Consideration of report developed at diagnostic facilities
§ 53.1-66. Transfer of prisoners to other facilities
§ 53.1-67. Admission to facility; good conduct allowance restricted
§ 53.1-67.3. Establishment of system
§ 53.1-67.4. Authority of Director; purchase of services authorized; location and notification
§ 53.1-67.5. Director to prescribe standards
§ 53.1-67.9. Establishment of community corrections alternative program; supervision upon completion