A. The Board shall have the power to review the death of any inmate who was incarcerated in a local correctional facility at the time of his death in order to determine (i) the circumstances surrounding the inmate's death, including identifying any act or omission by the facility or any employee or agent thereof that may have directly or indirectly contributed to the inmate's death, and (ii) whether the facility was in compliance with the regulations promulgated by the Board.
B. Any review conducted pursuant to this section shall be conducted in accordance with the policies and procedures for such review developed and implemented by the Board in accordance with subdivision 5 of § 53.1-5. In conducting a review pursuant to this section, the Board may exercise its power under § 53.1-6 to hold and conduct hearings, issue subpoenas, and administer oaths and take testimony thereunder. If the Board determines that it cannot adequately conduct any particular review pursuant to this section because of the conduct by the Board of another ongoing review, the Board may request that the Department assist in the conduct of such review. Department staff conducting a review pursuant to this section shall be considered agents of the Board.
C. If the Board determines during the conduct of any review pursuant to this section that it is necessary to review the operation of an entity other than the local correctional facility in order to complete the review, the Board shall request that the Office of the State Inspector General review the operation of such entity if such entity falls within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2. Nothing in this section shall limit the authority of the Office of the State Inspector General to exercise any of the powers and duties set forth in Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2.
D. Upon completion of any review conducted pursuant to this section, the Board shall prepare a detailed report of the findings of any review, which shall be submitted to the Governor, the Speaker of the House of Delegates, and the President pro tempore of the Senate. Such report may contain recommendations for changes to the minimum standards for the construction, equipment, administration, and operation of local correctional facilities in order to prevent problems, abuses, and deficiencies in and improve the effectiveness of such facilities. In addition, the Board may issue any order authorized under § 53.1-69 to correct any failure by the facility to comply with the Board's regulations. Except as otherwise required by law, the Board shall maintain the confidentiality of any confidential records or information obtained from a facility during the course of a review in accordance with state and federal law.
E. The Board shall publish an annual report summarizing the reviews conducted by the Board within that year. Such report shall include any trends or similarities among the deaths of inmates in local correctional facilities and present recommendations on policy changes to reduce the number of deaths in local correctional facilities. The Board shall publish such report on its website and submit the report to the Governor, the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on Public Safety, the Chair of the House Committee for Courts of Justice, the Speaker of the House of Delegates, and the President pro tempore of the Senate.
2017, c. 759; 2020, c. 1287.
Structure Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction
Chapter 3 - Local Correctional Facilities
§ 53.1-69.1. Review of death of inmates in local correctional facilities
§ 53.1-69.2. Administrative appeal of Board determinations
§ 53.1-70. Jurisdiction of court to enforce orders of Board; proceedings
§ 53.1-70.1. Transport of prisoners; authority
§ 53.1-71. Courts to order jails erected and repaired
§ 53.1-71.1. Private construction, operation, etc., of regional jail facility
§ 53.1-71.2. Authority of security employees
§ 53.1-71.3. Application of certain criminal laws to contractor-operated facilities
§ 53.1-71.4. Powers and duties not delegable to contractor
§ 53.1-71.5. Board to promulgate regulations
§ 53.1-71.6. State reimbursement to localities
§ 53.1-72. Jails of counties and cities to be jails of courts therein
§ 53.1-73. When jail of county to be jail for town
§ 53.1-74. When court may adopt jail of another county or city
§ 53.1-75. Procedure after adoption
§ 53.1-76. Commitment to jail of another county or city; payment of costs, etc.
§ 53.1-78. Jail for Supreme Court
§ 53.1-79. Jails for United States prisoners; payment by United States
§ 53.1-79.1. Agreements to transfer, transport, and confine prisoners
§ 53.1-80. State reimbursement of localities for construction
§ 53.1-82. Regional contracts for cooperative jailing of offenders; state reimbursement
§ 53.1-82.1. Approval of jail projects by the Board; plan for community corrections
§ 53.1-82.2. Method of reimbursement; involvement of the Treasury Board
§ 53.1-82.3. Budgeting schedule for jail projects
§ 53.1-84. State funds available to local correctional facilities for operating costs
§ 53.1-85. Time and manner of payment
§ 53.1-86. Limitation on use of state funds; records of receipts and disbursements
§ 53.1-88. Governing body to examine statements, accounts and invoices and issue warrants
§ 53.1-90. Pay for United States prisoners
§ 53.1-91. Pay for prisoners from other counties, cities or towns
§ 53.1-92. Disposition of money collected from United States or other counties, cities or towns
§ 53.1-94. Same when paid by county or city; same when by Compensation Board
§ 53.1-95. Provisions applicable to jail farms of counties and cities
§ 53.1-95.1. Limits on state expenditures
§ 53.1-95.4. Ordinance, agreement or resolution creating authority
§ 53.1-95.5. Joinder of new subdivision; withdrawal from authority
§ 53.1-95.7. Powers of authority
§ 53.1-95.8. Authority of superintendent and jail officers; oath and bond; fees charged to prisoner
§ 53.1-95.9. Acquisition of interests in land
§ 53.1-95.10. Issuance of revenue bonds
§ 53.1-95.11. Trust agreements
§ 53.1-95.12. Charge for use of services
§ 53.1-95.13. Revenues and proceeds from sale of bonds
§ 53.1-95.14. Rights of bond holders and trustees
§ 53.1-95.15. Exemption from taxes
§ 53.1-95.16. Issuance of revenue refunding bonds
§ 53.1-95.17. General purpose of an authority
§ 53.1-95.18. Design-build contracts
§ 53.1-95.19. State reimbursement
§ 53.1-95.20. Duty to prescribe rules and regulations
§ 53.1-95.21. Supplemental and additional powers
§ 53.1-95.22. Liberal construction
§ 53.1-95.24. Inconsistent laws inapplicable
§ 53.1-96. County and city farms; persons who may be confined
§ 53.1-97. Appointment of superintendent and guards
§ 53.1-98. Authority of superintendent and guards
§ 53.1-99. Jurisdiction of offenses committed by prisoners
§ 53.1-100. Oath and bond of superintendent and guards
§ 53.1-102. Sending prisoners to other farms
§ 53.1-104.1. Superintendents of jail farms to make monthly reports to Director
§ 53.1-106.1. Location of jail facilities
§ 53.1-107. Organization of board; annual report
§ 53.1-108. Expenses and allowance
§ 53.1-109. Authority of jail superintendent and jail officers; fees charged to prisoner
§ 53.1-109.01. Authority for regional jail officers to carry weapons
§ 53.1-109.2. Regional jail superintendents not to be interested in private corrections enterprises
§ 53.1-110. Oath and bond of superintendent and jail officers
§ 53.1-112. Jail or jail farm expenses
§ 53.1-113. Transportation of prisoners to jail or jail farm
§ 53.1-114. Reimbursement of costs
§ 53.1-115. Payment of salaries of superintendents and medical and treatment personnel
§ 53.1-115.2. Establishment of stores in regional jails and regional jail farms
§ 53.1-116.1. Jailer to give notice of release of certain prisoners
§ 53.1-116.1:01. Jailer to give notice of intake of certain prisoners
§ 53.1-116.1:02. Jailer-issued identification
§ 53.1-116.2. Sheriffs to be keepers of jails
§ 53.1-116.3. Improper release; capias, arrest and hearing
§ 53.1-117. Violations of rules to be recorded in register
§ 53.1-118. Courts to fine sheriffs for failure to perform duties
§ 53.1-119. Court duties of sheriff
§ 53.1-121. Sheriffs to make daily reports to Compensation Board; failure to send report
§ 53.1-122. Daily records of sheriffs and jail superintendents
§ 53.1-123. Other accounts, information and records as required by Department
§ 53.1-124. Sheriffs and jail superintendents to report to the courts
§ 53.1-126. Responsibility of sheriffs and jail superintendents for food, clothing and medicine
§ 53.1-127. Who may enter interior of local correctional facilities; searches of those entering
§ 53.1-127.1. Establishment of stores in local correctional facilities
§ 53.1-127.3. Deferred or installment payment agreement for unpaid fees
§ 53.1-127.5. Collection of fees owed; contract for collection; duties of Department of Taxation
§ 53.1-128. Workforces and authorized work places
§ 53.1-131.3. Payment of costs associated with prisoners' keep
§ 53.1-132. Furloughs from local work release programs; penalty for violations
§ 53.1-133. Treatment of prisoner with contagious disease
§ 53.1-133.01. Medical treatment for prisoners
§ 53.1-133.01:1. Payment for bodily injury
§ 53.1-133.02. Notice to be given upon prisoner release, escape, etc.
§ 53.1-133.03. Exchange of medical and mental health information and records
§ 53.1-133.04. Medical and mental health treatment of prisoners incapable of giving consent
§ 53.1-133.2. Establishment of jail industry programs
§ 53.1-133.3. Eligibility to participate
§ 53.1-133.4. Participant compensation
§ 53.1-133.5. Disposition of money collected and payment of expenses for jail industry program
§ 53.1-133.6. Restriction on sale of jail industry program goods and services; print shop
§ 53.1-133.7. Sale of artistic products
§ 53.1-133.8. Purchases by agencies, localities, and certain nonprofit organizations