Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction

§ 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing - For the purpose of scheduling and providing a uniform, effective...

§ 53.1-29. Authority for correctional officers and other employees to carry weapons - It shall be lawful for any correctional officer and any...

§ 53.1-30. Who may enter interior of state correctional facilities; searches of those entering - A. The Governor and members of the General Assembly may...

§ 53.1-31. Sale or lease of gas, oil, or minerals - The Director is empowered to make and execute contracts, easements...

§ 53.1-31.1. Transportation of prisoners - A. Notwithstanding any other provision of law, the Department shall...

§ 53.1-31.2. Notification of child support due by a prisoner - The Department of Corrections shall cooperate with the Division of...

§ 53.1-31.3. Notification of incarcerated individuals ineligible for public assistance - The Department shall, at regular intervals but at least monthly,...

§ 53.1-31.4. Department of Corrections-issued identification - Prior to the release or discharge of any prisoner who...

§ 53.1-32. Treatment and control of prisoners; recreation; religious services - A. It shall be the general purpose of the state...

§ 53.1-32.01. Payment for bodily injury - The Director is authorized to establish administrative procedures for recovering...

§ 53.1-32.1. Classification system; program assignments; mandatory participation - A. The Director shall maintain a system of classification which...

§ 53.1-32.2. Reentry planning - The Department shall develop and implement, in cooperation with and...

§ 53.1-33. Physical examination of prisoner; ability to work - Each person received by the Department shall be examined by...

§ 53.1-33.1. Mandatory testing for human immunodeficiency virus - The Department shall offer to test each inmate, who does...

§ 53.1-34. Treatment of prisoner with contagious disease - The Director may, upon the application of the person in...

§ 53.1-35. Correspondence privileges; receipt of publications - The Director is authorized to prescribe reasonable rules regarding correspondence...

§ 53.1-35.1. Electronic visitation and messaging with inmates; fees - The Director is authorized to prescribe reasonable rules regarding electronic...

§ 53.1-35.2. Visitation of certain prisoners by minor dependents - A. The Director is authorized to prescribe reasonable rules regarding...

§ 53.1-36. Prisoners may assist in medical research programs - Subject to the provisions of Chapter 5.1 (§ 32.1-162.16 et...

§ 53.1-37. Furloughs generally; travel expenses; penalties for violations - A. The Director may extend the limits of confinement of...

§ 53.1-38. When ineligible for furloughs - Any prisoner who is convicted of a felony included within...

§ 53.1-39. Certain punishment of prisoners prohibited - Notwithstanding any provision of this Code or of any other...

§ 53.1-39.1. Restrictive housing; data collection and reporting; report - A. As used in this section: "Offender" means an adult...

§ 53.1-40. Appointment of counsel for indigent prisoners - The judge of a circuit court in whose county or...

§ 53.1-40.01. Conditional release of geriatric prisoners - Any person serving a sentence imposed upon a conviction for...

§ 53.1-40.02. Conditional release of terminally ill prisoners - A. As used in this section, "terminally ill" means having...

§ 53.1-40.1. Medical and mental health treatment of prisoners incapable of giving consent - A. The Director or his designee may petition the circuit...

§ 53.1-40.2. Involuntary admission of prisoners with mental illness - A. Upon the petition of the Director or his designee,...

§ 53.1-40.3. Place of hearing or proceeding - Any hearing held by a court pursuant to § 53.1-40.1...

§ 53.1-40.4. Appeal of order authorizing involuntary admission - A. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall...

§ 53.1-40.5. Transfer of prisoner involuntarily admitted - Whenever a prisoner is admitted to a hospital or facility...

§ 53.1-40.6. Periodic review of prisoner for purposes of retention - The director of a hospital or facility shall require a...

§ 53.1-40.7. Discharge of prisoner involuntarily admitted - A. The prisoner shall be discharged from a hospital or...

§ 53.1-40.8. Fees and expenses - A. Any special justice, as defined in § 37.2-100, and...

§ 53.1-40.9. Civil admission proceeding prior to release - A prisoner whose release from the custody of the Department...

§ 53.1-40.10. Exchange of medical and mental health information and records - A. Whenever a person is committed to a state correctional...

§ 53.1-40.11. Definitions - As used in this article, unless the context requires a...

§ 53.1-40.12. Treatment of prisoners known to be pregnant - A. The following restraints shall not be used on any...

§ 53.1-40.13. Treatment of prisoners during postpartum recovery - A. No restraints shall be used on any prisoner who...

§ 53.1-40.14. Reporting requirement - The warden or other official in charge of a state...

§ 53.1-40.15. Training of correctional facility employees regarding pregnant inmates - For correctional officers, and juvenile correctional officers who may have...

§ 53.1-40.16. Education for pregnant prisoners - The Department shall provide, to the extent practicable, educational programming...

§ 53.1-41. Opportunities for work and career and technical education - A. To the extent feasible, it shall be the duty...

§ 53.1-42. Allowance for work and disposition thereof - Every prisoner committed and transferred to the Department and thereafter...

§ 53.1-43. Pay incentives for prisoners - The Director may establish a system of pay incentives for...

§ 53.1-43.1. Inmate trust accounts - In addition to any other account established to hold funds...

§ 53.1-44. Investment of funds belonging to prisoners; use of income - Portions of the funds held by the Director or by...

§ 53.1-45. Sale of prison goods and services; print shop - A. Articles produced or manufactured and services provided by prisoners...

§ 53.1-45.1. Work programs; agreements with other entities - A. The Director, with the prior approval of the Governor,...

§ 53.1-45.2. Repealed - Repealed by Acts 2003, cc. 94 and 854, cl. 2.

§ 53.1-46. Sale of artistic products - Subject to such rules as he may prescribe, the Director...

§ 53.1-47. Purchases by agencies, localities, and certain nonprofit organizations - Articles and services produced or manufactured by persons confined in...

§ 53.1-48. Exceptions as to purchases - A department, institution, or agency of the Commonwealth may be...

§ 53.1-49. Evasion by variance from specifications of Director - No department, institution or agency of the Commonwealth shall be...

§ 53.1-50. Vouchers, certificates and warrants not to be questioned - No voucher, certificate or warrant issued on the Comptroller by...

§ 53.1-51. Intentional violations constitute malfeasance - Intentional violations of §§ 53.1-47 through 53.1-49 and § 53.1-52...

§ 53.1-52. Procedure for purchases - All purchases, except for those of information technology and telecommunications...

§ 53.1-53. Transfer or sale of by-products of manufacturing processes - In those industries operated by the Department in which saleable...

§ 53.1-54. Charges and catalogue; annual estimates of requirements by departments, etc. - A. The Director shall establish charges for articles produced or...

§ 53.1-55. Sale or exchange of goods manufactured by prisoners of other states - It shall be unlawful for any person within this Commonwealth...

§ 53.1-56. Construction and maintenance of highways; grass cutting; acquisition of quarries, etc.; use of materials for county roads - Persons sentenced to the Department shall, so far as practicable,...

§ 53.1-57. Payments by Department of Transportation to Director for labor - The Department of Transportation shall pay to the Director monthly...

§ 53.1-58. Highway employees as guards - The Director, with the consent of the Commissioner of Highways,...

§ 53.1-59. Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards - The Director is authorized to enter into agreements with the...

§ 53.1-60. Extending limits of confinement of state prisoners for work and educational programs; disposition of wages; support of certain dependents; penalties for violations - A. The Director is authorized to establish work release programs...

§ 53.1-60.1. Duties of Director in collecting court-imposed debt - Upon receipt of a valid court order or judgment against...

§ 53.1-61. Determination whether prisoner has dependents receiving public assistance; payment of portion of earnings; remedies for enforcement of support obligation - A. In order to determine whether a prisoner to be...

§ 53.1-62. When ineligible for work release - Any person who is released from confinement for work release...

§ 53.1-63. Department to establish facilities for persons committed under Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2 - A. The Department shall establish, staff and maintain, at any...

§ 53.1-63.1. Department to establish facilities for juveniles sentenced as adults - The Department shall establish, staff and maintain, at any state...

§ 53.1-64. Programs and facilities - The Department shall establish and maintain within each facility programs...

§ 53.1-65. Consideration of report developed at diagnostic facilities - The Department shall give careful consideration to the report developed...

§ 53.1-66. Transfer of prisoners to other facilities - Any person confined by the Department in a facility established...

§ 53.1-67. Admission to facility; good conduct allowance restricted - In no case shall a person previously confined in a...

§ 53.1-67.1. Repealed - Repealed by Acts 2019, c. 618, cl. 2

§ 53.1-67.2. Purpose - The purposes of this article are to (i) provide effective...

§ 53.1-67.3. Establishment of system - The Director shall establish a statewide community-based system of programs,...

§ 53.1-67.4. Authority of Director; purchase of services authorized; location and notification - A. Facilities established under this article may, in the discretion...

§ 53.1-67.5. Director to prescribe standards - The Director shall prescribe standards for the development, implementation, operation,...

§ 53.1-67.6. Minimum programs - The Statewide Community-Based Corrections System shall include, but not be...

§ 53.1-67.7. Repealed - Repealed by Acts 2019, c. 618, cl. 2

§ 53.1-67.8. Repealed - Repealed by Acts 2019, c. 618, cl. 2

§ 53.1-67.9. Establishment of community corrections alternative program; supervision upon completion - The Department is authorized to establish and maintain a system...

Chapter 3 - Local Correctional Facilities

§ 53.1-68. Minimum standards for local correctional facilities and lock-ups; health inspections, behavioral health services inspections, and personnel - A. The Board shall establish minimum standards for the construction,...

§ 53.1-69. Board may prohibit confinement and require transfer of prisoners in substandard facilities - The Board is authorized to limit, by its order, the...

§ 53.1-69.1. Review of death of inmates in local correctional facilities - A. The Board shall have the power to review the...

§ 53.1-69.2. Administrative appeal of Board determinations - If the Board determines that a local correctional facility is...

§ 53.1-70. Jurisdiction of court to enforce orders of Board; proceedings - Any circuit court in any county or city which maintains...

§ 53.1-70.1. Transport of prisoners; authority - A. The sheriff or administrator in charge of a local...

§ 53.1-71. Courts to order jails erected and repaired - When it shall appear to the circuit court of any...

§ 53.1-71.1. Private construction, operation, etc., of regional jail facility - A. Any regional jail authority constituted pursuant to Article 3.1...

§ 53.1-71.2. Authority of security employees - Security employees of a regional jail facility contractor shall be...

§ 53.1-71.3. Application of certain criminal laws to contractor-operated facilities - All provisions of law establishing penalties for offenses committed against...

§ 53.1-71.4. Powers and duties not delegable to contractor - The regional jail authority issuing the contract shall retain the...

§ 53.1-71.5. Board to promulgate regulations - The Board shall make, adopt and promulgate regulations governing the...

§ 53.1-71.6. State reimbursement to localities - A. Reimbursement to participating localities for the cost of construction...

§ 53.1-72. Jails of counties and cities to be jails of courts therein - The jail of each county and city shall be the...

§ 53.1-73. When jail of county to be jail for town - Every town shall have the use of the jail of...

§ 53.1-74. When court may adopt jail of another county or city - When a county or city is without an adequate jail,...

§ 53.1-75. Procedure after adoption - The keeper of any jail so adopted for a county...

§ 53.1-76. Commitment to jail of another county or city; payment of costs, etc. - In any case should it become necessary or expedient for...

§ 53.1-77. Jurisdiction of judge or magistrate of adopting county or city authorized to issue temporary detention orders - When the jail of any other county or city has...

§ 53.1-78. Jail for Supreme Court - The jail of any county or city in which the...

§ 53.1-79. Jails for United States prisoners; payment by United States - The sheriff of any county or city or jail superintendent...

§ 53.1-79.1. Agreements to transfer, transport, and confine prisoners - The sheriff or superintendent of any jail may enter into...

§ 53.1-80. State reimbursement of localities for construction - A. On and after July 1, 1993, the Commonwealth shall...

§ 53.1-81. Construction and operation of regional jail facilities; state reimbursement; agreements with Department - A. Three or more cities or counties, or any combination...

§ 53.1-82. Regional contracts for cooperative jailing of offenders; state reimbursement - A. Three or more counties or cities, or any combination...

§ 53.1-82.1. Approval of jail projects by the Board; plan for community corrections - The Board shall promulgate regulations requiring localities seeking approval of...

§ 53.1-82.2. Method of reimbursement; involvement of the Treasury Board - A. Reimbursements by the Commonwealth to localities or regional jail...

§ 53.1-82.3. Budgeting schedule for jail projects - A. Any city or county or any combination of cities...

§ 53.1-83. Repealed - Repealed by Acts 1993, cc. 387 and 787.

§ 53.1-83.1. How state appropriations for operating costs of local correctional facilities determined - The Governor's proposed biennial budget bill shall include, for each...

§ 53.1-84. State funds available to local correctional facilities for operating costs - The Compensation Board shall apportion among local correctional facilities moneys...

§ 53.1-85. Time and manner of payment - Notwithstanding any contrary provisions of this Code which provide for...

§ 53.1-86. Limitation on use of state funds; records of receipts and disbursements - No locality receiving state funds under § 53.1-85 shall use...

§ 53.1-87. Cost of maintenance of jails; payment by localities of respective shares of costs; judicial resolution of disagreements - A. In any instance in which a local correctional facility...

§ 53.1-88. Governing body to examine statements, accounts and invoices and issue warrants - The governing body of each city or county or its...

§ 53.1-89. Repealed - Repealed by Acts 1983, c. 358.

§ 53.1-90. Pay for United States prisoners - Each sheriff or jail superintendent shall collect from the United...

§ 53.1-91. Pay for prisoners from other counties, cities or towns - Each sheriff or jail superintendent shall collect from the counties,...

§ 53.1-92. Disposition of money collected from United States or other counties, cities or towns - All moneys so collected by such sheriff from the United...

§ 53.1-93. When sheriffs to summon or employ guards and other persons; allowances therefor; fees charged to prisoner - Whenever in the discretion of the court it is necessary...

§ 53.1-94. Same when paid by county or city; same when by Compensation Board - The circuit court, before certifying any allowance pursuant to §...

§ 53.1-95. Provisions applicable to jail farms of counties and cities - A. When the control, management and supervision of the jail...

§ 53.1-95.1. Limits on state expenditures - The Governor may withhold approval for state expenditures, by reimbursement...

§ 53.1-95.2. Jail authority - The governing bodies of two or more counties, cities, or...

§ 53.1-95.3. Definitions - As used in this article, the following words and terms...

§ 53.1-95.4. Ordinance, agreement or resolution creating authority - A. Each such ordinance, agreement or resolution shall include the...

§ 53.1-95.5. Joinder of new subdivision; withdrawal from authority - Any political subdivision may become a member of any existing...

§ 53.1-95.6. Governing body - The powers of the authority shall be exercised by a...

§ 53.1-95.7. Powers of authority - Each authority created hereunder shall be deemed to be an...

§ 53.1-95.8. Authority of superintendent and jail officers; oath and bond; fees charged to prisoner - The superintendent appointed by an authority created pursuant to this...

§ 53.1-95.8:1. Handling of funds for regional correctional facility; county or city treasurer or director of finance as fiscal agent - Any authority constituted pursuant to the provisions of this article...

§ 53.1-95.9. Acquisition of interests in land - An authority created pursuant to this article is hereby authorized...

§ 53.1-95.10. Issuance of revenue bonds - An authority created pursuant to this article is hereby authorized...

§ 53.1-95.11. Trust agreements - In the discretion of an authority created pursuant to this...

§ 53.1-95.12. Charge for use of services - An authority created pursuant to this article is hereby authorized...

§ 53.1-95.13. Revenues and proceeds from sale of bonds - All moneys received pursuant to the provisions of this article,...

§ 53.1-95.14. Rights of bond holders and trustees - Any holder of bonds issued under the provisions of this...

§ 53.1-95.15. Exemption from taxes - The exercise of the powers granted by this article shall...

§ 53.1-95.16. Issuance of revenue refunding bonds - The authority is hereby authorized to provide by resolution for...

§ 53.1-95.17. General purpose of an authority - Without limiting the generality of any provisions of this article,...

§ 53.1-95.18. Design-build contracts - An authority created pursuant to this article may enter into...

§ 53.1-95.19. State reimbursement - An authority created pursuant to this article shall be eligible...

§ 53.1-95.20. Duty to prescribe rules and regulations - It shall be the duty of an authority created pursuant...

§ 53.1-95.21. Supplemental and additional powers - The foregoing sections of this article shall be deemed to...

§ 53.1-95.22. Liberal construction - This article, being necessary for the welfare of the Commonwealth...

§ 53.1-95.23. Repealed - Repealed by Acts 2015, c. 709, cl. 2.

§ 53.1-95.24. Inconsistent laws inapplicable - All other general or special laws inconsistent with any provision...

§ 53.1-96. County and city farms; persons who may be confined - The governing body of any county or city may, within...

§ 53.1-97. Appointment of superintendent and guards - The governing body of the county or city establishing and...

§ 53.1-98. Authority of superintendent and guards - The superintendent shall have and exercise the same control and...

§ 53.1-99. Jurisdiction of offenses committed by prisoners - Whenever any farm is situated beyond the limits of the...

§ 53.1-100. Oath and bond of superintendent and guards - Before entering upon the duties of their office, the superintendent...

§ 53.1-101. Work by prisoners - All prisoners convicted and sentenced or transferred to a farm...

§ 53.1-102. Sending prisoners to other farms - Any county or city that has no farm may enter...

§ 53.1-103. Farm expenses - All expenses of maintaining a farm and supporting the prisoners...

§ 53.1-104. Funds from which expenses of transportation of person committed shall be paid; limitation upon cost of maintenance - The expenses of transporting a person committed to a county...

§ 53.1-104.1. Superintendents of jail farms to make monthly reports to Director - The superintendent of every jail farm shall report on the...

§ 53.1-105. County and city regional jail or jail farm; persons who may be confined; release and transfer of prisoners - Any combination of two or more counties or cities may...

§ 53.1-106. Members of jail or jail farm board or regional jail authority; powers; payment of pro rata costs - A. Each regional jail or jail farm shall be supervised...

§ 53.1-106.1. Location of jail facilities - No regional jail or jail farm board or authority created...

§ 53.1-107. Organization of board; annual report - The regional jail or jail farm board shall elect a...

§ 53.1-108. Expenses and allowance - Members of the regional jail or jail farm board shall...

§ 53.1-109. Authority of jail superintendent and jail officers; fees charged to prisoner - The jail superintendent shall have and exercise the same control...

§ 53.1-109.01. Authority for regional jail officers to carry weapons - It shall be lawful for any regional jail officer who...

§ 53.1-109.1. Handling of funds for regional jail or jail farm; county or city treasurer or director of finance as fiscal agent - Any regional jail or jail farm constituted pursuant to the...

§ 53.1-109.2. Regional jail superintendents not to be interested in private corrections enterprises - No regional jail superintendent shall also serve as an officer...

§ 53.1-110. Oath and bond of superintendent and jail officers - Before entering upon the duties of their office the superintendent...

§ 53.1-111. Work of prisoners - All prisoners convicted and sentenced or transferred to a jail...

§ 53.1-112. Jail or jail farm expenses - Except as provided in § 53.1-114, the expenses of operating...

§ 53.1-113. Transportation of prisoners to jail or jail farm - Except as provided in § 53.1-114, each political subdivision participating...

§ 53.1-114. Reimbursement of costs - Counties and cities or any combination thereof operating a regional...

§ 53.1-115. Payment of salaries of superintendents and medical and treatment personnel - The Commonwealth shall pay two-thirds of the salaries of the...

§ 53.1-115.1. Superintendents of regional jails and regional jail-farms to make daily reports to Compensation Board - The superintendent of every regional jail and every regional jail-farm...

§ 53.1-115.2. Establishment of stores in regional jails and regional jail farms - The superintendent of a regional jail or regional jail farm...

§ 53.1-116. What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays - A. The jailer shall keep a (i) record describing each...

§ 53.1-116.1. Jailer to give notice of release of certain prisoners - A. Prior to the release or discharge of any prisoner...

§ 53.1-116.1:01. Jailer to give notice of intake of certain prisoners - A. At the time of intake of any prisoner, for...

§ 53.1-116.1:02. Jailer-issued identification - Prior to the release or discharge of any prisoner who...

§ 53.1-116.2. Sheriffs to be keepers of jails - The sheriff of each county or city shall be the...

§ 53.1-116.3. Improper release; capias, arrest and hearing - The sheriff or jail superintendent or his designee, upon the...

§ 53.1-117. Violations of rules to be recorded in register - Every time any prisoner in jail is guilty of a...

§ 53.1-118. Courts to fine sheriffs for failure to perform duties - If it appears to the circuit court having jurisdiction that...

§ 53.1-119. Court duties of sheriff - The sheriff shall provide officers to attend the courts within...

§ 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment - A. Each sheriff shall ensure that the courthouses and courtrooms...

§ 53.1-121. Sheriffs to make daily reports to Compensation Board; failure to send report - The sheriff shall report each day to the Compensation Board,...

§ 53.1-122. Daily records of sheriffs and jail superintendents - Each sheriff and jail superintendent shall keep a daily record...

§ 53.1-123. Other accounts, information and records as required by Department - Sheriffs and jail superintendents shall keep such other accounts and...

§ 53.1-124. Sheriffs and jail superintendents to report to the courts - A. If requested by the judge, the sheriffs of all...

§ 53.1-125. Failure of sheriffs or jail superintendents to comply with requirements of board; filing of complaint; withholding salary - If any sheriff or jail superintendent through his default or...

§ 53.1-126. Responsibility of sheriffs and jail superintendents for food, clothing and medicine - The sheriff or jail superintendent shall purchase at prices as...

§ 53.1-127. Who may enter interior of local correctional facilities; searches of those entering - A. Members of the local governing bodies that participate in...

§ 53.1-127.1. Establishment of stores in local correctional facilities - Each sheriff who operates a correctional facility is authorized to...

§ 53.1-127.2. Fees for electronic visitation and messaging with prisoners in local correctional facilities - Each sheriff or jail superintendent who operates a correctional facility...

§ 53.1-127.3. Deferred or installment payment agreement for unpaid fees - If a person is unable to pay in full the...

§ 53.1-127.4. Repealed - Repealed by Acts 2020, cc. 740 and 741, cl. 2.

§ 53.1-127.5. Collection of fees owed; contract for collection; duties of Department of Taxation - The sheriff or jail superintendent may (i) contract with private...

§ 53.1-128. Workforces and authorized work places - The local governing body of any county, city or town...

§ 53.1-129. Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners - The circuit court of any county or city may, by...

§ 53.1-130. Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty - No sheriff, jail superintendent, deputy or other jail officer shall...

§ 53.1-131. Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings - A. Any court having jurisdiction for the trial of a...

§ 53.1-131.1. Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty - Any court having jurisdiction for the trial of a person...

§ 53.1-131.2. Assignment to a home/electronic incarceration program; payment to defray costs; escape; penalty - A. Any court having jurisdiction for the trial of a...

§ 53.1-131.3. Payment of costs associated with prisoners' keep - Any sheriff or jail superintendent may establish a program to...

§ 53.1-132. Furloughs from local work release programs; penalty for violations - The director of any work release program authorized by §...

§ 53.1-133. Treatment of prisoner with contagious disease - Upon application of the person in charge of a local...

§ 53.1-133.01. Medical treatment for prisoners - Any sheriff or superintendent may establish a medical treatment program...

§ 53.1-133.01:1. Payment for bodily injury - Each jail superintendent or sheriff who operates a correctional facility...

§ 53.1-133.02. Notice to be given upon prisoner release, escape, etc. - Prior to the release, including work release, or discharge of...

§ 53.1-133.03. Exchange of medical and mental health information and records - A. Whenever a person is committed to a local or...

§ 53.1-133.04. Medical and mental health treatment of prisoners incapable of giving consent - A. The sheriff or administrator in charge of a local...

§ 53.1-133.05. Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses - A. Any hearing held by a court pursuant to §...

§ 53.1-133.1. Definition - As used in this article unless the context requires otherwise...

§ 53.1-133.2. Establishment of jail industry programs - The sheriff or jail superintendent operating a local correctional facility,...

§ 53.1-133.3. Eligibility to participate - Any person under the custody of a sheriff or jail...

§ 53.1-133.4. Participant compensation - A. The sheriff or jail superintendent shall establish an amount...

§ 53.1-133.5. Disposition of money collected and payment of expenses for jail industry program - A. Any county, city or town that implements a jail...

§ 53.1-133.6. Restriction on sale of jail industry program goods and services; print shop - A. Articles produced or manufactured and services provided by participants...

§ 53.1-133.7. Sale of artistic products - Subject to such rules as he may prescribe, the sheriff...

§ 53.1-133.8. Purchases by agencies, localities, and certain nonprofit organizations - Articles and services produced or manufactured by participants in jail...

§ 53.1-133.9. Charges; advertisement and marketing - A. The sheriff or jail superintendent, or his designee, shall...

§ 53.1-133.10. (See Editor's note) Compact; transport of prisoners to and from medical facilities across state boundaries; Governor to execute - The Governor is authorized and requested to execute, on behalf...

Chapter 4 - Probation and Parole

§ 53.1-134. Creation of Parole Board; appointment of members - There shall be a Parole Board which shall consist of...

§ 53.1-135. Chairman; Vice-Chairman of Board - The Governor shall designate one of the members so appointed...

§ 53.1-136. Powers and duties of Board; notice of release of certain inmates - In addition to the other powers and duties imposed upon...

§ 53.1-137. Revocation hearings and subpoenas; penalty for disobeying subpoena or hindering hearing - The Board is authorized to hold and conduct revocation hearings;...

§ 53.1-138. Access to prisoners; reports of prison officials - It shall be the duty of all prison officials to...

§ 53.1-139. Powers and duties of Chairman - In addition to other powers and duties prescribed by law,...

§ 53.1-139.1. Repealed - Repealed by Acts 1992, c. 144.

§ 53.1-140. Powers and duties of Director of Department - The Director of the Department of Corrections shall: 1. Direct...

§ 53.1-140.1. Department to provide services - The Department shall ensure that educational, vocational, counseling, substance abuse,...

§ 53.1-141. Division into probation and parole districts - The Director of the Department shall divide the Commonwealth into...

§ 53.1-142. Assignments of officers to districts - There shall be at least one probation and parole officer...

§ 53.1-143. How officers authorized - The Director shall employ officers to carry out the powers...

§ 53.1-144. Term of officers - Each probation and parole officer shall be authorized initially for...

§ 53.1-145. Powers and duties of probation and parole officers - In addition to other powers and duties prescribed by this...

§ 53.1-146. Use of officers as to persons convicted of local violations; payment of expenses - Upon request of the governing body of a county, city...

§ 53.1-147. Compensation; expenses - Each probation and parole officer shall receive as compensation for...

§ 53.1-148. Transfer of supervision from one probation officer to another - The court placing any person on probation may transfer such...

§ 53.1-149. Arrest of probationer without warrant; written statement - Any probation officer appointed pursuant to this chapter may arrest...

§ 53.1-150. Contributions by persons on parole, probation, and work release - A. Any person who has costs assessed against him pursuant...

§ 53.1-150.1. Contribution by persons on parole - Any person who is granted parole and who is required...

§ 53.1-151. Eligibility for parole - A. Except as herein otherwise provided, every person convicted of...

§ 53.1-152. Eligibility of persons sentenced for combinations of felony and misdemeanor offenses - Every person who is convicted of a felony and also...

§ 53.1-153. Eligibility of persons sentenced to jails for more than twelve months - Persons convicted of felonies or misdemeanors who are sentenced to...

§ 53.1-154. Times at which Virginia Parole Board to review cases - The Virginia Parole Board shall by regulation divide each calendar...

§ 53.1-154.1. Authority of Director to recommend parole review; release upon review - The Director is authorized to determine those prisoners who may...

§ 53.1-155. Investigation prior to release; transition assistance - A. No person shall be released on parole by the...

§ 53.1-155.1. Participation in residential community program prior to final release - The Department may give nonviolent prisoners who have not been...

§ 53.1-156. Period of parole; not counted as part of term - The period of parole which shall be fixed by the...

§ 53.1-157. Parolees or felons serving a period of postrelease supervision to comply with terms; furnishing copies - Each parolee or felon serving a period of postrelease supervision...

§ 53.1-158. Release of prisoner subject to parole - The Director of the Department shall release into the custody...

§ 53.1-159. Mandatory release on parole - Every person who is sentenced and committed under the laws...

§ 53.1-160. Notice to be given upon prisoner release, escape, etc. - A. Prior to the release or discharge of any prisoner,...

§ 53.1-160.1. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain prisoners - A. Prior to the release or discharge of any prisoner...

§ 53.1-161. Arrest and return of parolee or felon serving a period of postrelease supervision; warrant; release pending adjudication of violation - The Chairman or any member of the Board may at...

§ 53.1-162. Arrest of parolee or felon serving a period of postrelease supervision without warrant; written statement - Any probation and parole officer may arrest a parolee or...

§ 53.1-163. Parolee considered as escapee after issuance of warrant - Any parolee for whose arrest a warrant has been issued...

§ 53.1-164. Procedure for return of parolee or felon serving a period of postrelease supervision - When any parolee or felon serving a period of postrelease...

§ 53.1-165. Revocation of parole or postrelease supervision; hearing; procedure for parolee or felon serving period of postrelease supervision in another state; appointment of attorney - A. Whenever any parolee or felon serving a period of...

§ 53.1-165.1. Limitation on the application of parole statutes - A. The provisions of this article, except §§ 53.1-160 and...

§ 53.1-166. Governor to execute compact - The Governor is authorized and directed to execute a compact...

§ 53.1-167. Form of compact - The form of the compact shall be substantially as follows:...

§ 53.1-168. Procedure when reincarceration of out-of-state parolee or probationer should be considered - When supervision of a parolee or probationer is being administered...

§ 53.1-169. Who may hold hearings; procedures therefor - A. Any hearing held pursuant to this article may be...

§ 53.1-170. Rights of parolee or probationer at hearing - With respect to any hearing held pursuant to this article,...

§ 53.1-171. Record of hearing - A record of the hearing held pursuant to this article...

§ 53.1-172. Hearings for parolees, probationers or felons serving a period of postrelease supervision being supervised in another state - In any case of alleged parole, postrelease period of supervision,...

§ 53.1-173. Preliminary hearings for out-of-state parolees in Virginia - In any case in which any person released on parole...

§ 53.1-174. Preliminary hearings by other states - In any case in which any person placed on parole...

§ 53.1-175. Revocation of parole by Virginia - If probable cause be found that a parolee present in...

§ 53.1-176. Revocation of parole by other states - If probable cause be found that a parolee from Virginia...

§ 53.1-176.1. Enactment of the Interstate Compact for the Supervision of Adult Offenders - WHEREAS, the Interstate Compact for the Supervision of Parolees and...

§ 53.1-176.2. Short title; Governor to execute; form of compact - This article may be cited as "The Interstate Compact for...

§ 53.1-176.3. Virginia State Council for Interstate Adult Offender Supervision - A. The Virginia (the Council) is created as a policy...

Chapter 5 - Community Correctional Facilities and Programs

§ 53.1-177. Authority of Director; establishment of halfway houses; employment of personnel - The Director is authorized to establish and maintain a system...

§ 53.1-178. Director to establish standards - The Director shall establish minimum standards for the operation of...

§ 53.1-179. Purchase of services authorized - The Director may purchase temporary room and board and training,...

§ 53.1-180. Repealed - Repealed by Acts 2002, c. 491, cl. 2.

Chapter 6 - Commencement of Terms; Credits and Allowances

§ 53.1-186. Term commences from date of final judgment; exceptions - The term of confinement in a local or state correctional...

§ 53.1-187. Credit for time spent in confinement while awaiting trial - Any person who is sentenced to a term of confinement...

§ 53.1-188. Conduct records to be kept - The Director shall keep a record of the conduct of...

§ 53.1-189. Forfeiture and restoration of good conduct allowance and earned sentence credits - A. Except for credits allowed under § 53.1-191, all or...

§ 53.1-190. Allowance on discharge; transportation; clothing - The Director, upon the release of a prisoner who has...

§ 53.1-191. Credits allowed in cases of injuries to or extraordinary services performed by prisoners; nonforfeiture of credits hereunder - The Director, with the consent of the Governor, may allow...

§ 53.1-192. Applicability of article - The provisions of this article shall be applicable only to...

§ 53.1-193. Good conduct credits for persons convicted prior to October 1, 1942; effect of credit upon eligibility for parole - Every person convicted of a felony before October 1, 1942,...

§ 53.1-194. Good conduct credits for prisoners committing crimes, pardon violators and escapees convicted prior to October 1, 1942; effect of credit upon eligibility for parole - Every person convicted of a felony before October 1, 1942,...

§ 53.1-195. Credits earned prior to 1944 - Such credit as any person may have earned pursuant to...

§ 53.1-196. Good conduct credits of persons convicted after October 1, 1942; effect of credit upon eligibility for parole - Every person convicted of a felony on or after October...

§ 53.1-197. Credit allowed for career and technical educational or other educational training - Every person sentenced to the Department, while in a local...

§ 53.1-197.1. Limitation upon applicability of this article - The provisions of this article shall not apply to any...

§ 53.1-198. Certain persons to choose good conduct system - Every person who, on or before June 30, 1981, was...

§ 53.1-199. Eligibility for good conduct allowance; application - Every person who, on or after July 1, 1981, has...

§ 53.1-200. Conditions for good conduct allowance - Regulations approved by the Director shall govern the earning of...

§ 53.1-201. Classification system for good conduct allowance - Good conduct allowances shall be based upon a four-level classification...

§ 53.1-202. Good conduct allowance for previous confinement; entry level - Upon receipt by the Department, persons who have been confined...

§ 53.1-202.1. Limitation upon applicability of this article - The provisions of this article shall not apply to any...

§ 53.1-202.2. Eligibility for earned sentence credits - A. Every person who is convicted of a felony offense...

§ 53.1-202.3. Rate at which sentence credits may be earned; prerequisites - A. A maximum of 4.5 sentence credits may be earned...

§ 53.1-202.4. Director to establish certain rules, criteria, etc. - The Director shall: 1. Establish the criteria upon which a...

§ 53.1-202.5. Department to provide programs - The Department shall ensure that educational, vocational, counseling, and substance...

Chapter 7 - Crimes and Criminal Proceedings Involving Prisoners

§ 53.1-203. Felonies by prisoners; penalties - It shall be unlawful for a prisoner in a state,...

§ 53.1-204. If prisoner commits any other felony, how punished - If a prisoner in a state, local or community correctional...

§ 53.1-205. Jurisdiction for trial of prisoners; nature of proceedings - Subject to the provisions of §§ 53.1-203 and 53.1-204, the...

§ 53.1-206. When prisoner surrendered as witness; certificate - Prisoners may be surrendered as witnesses if a judge of...

§ 53.1-207. Cost of transportation - All transportation and other costs incident thereto shall be paid...

§ 53.1-208. Prisoners indicted or charged with crime outside Virginia; certificate; authority of officer with custody of prisoner - If a similar certificate, similarly executed, shall state that a...

§ 53.1-209. Foreign prisoners to be held in Virginia - Pursuant to the order or request of the Governor, of...

Chapter 8 - Agreement on Detainers

§ 53.1-210. Agreement entered into and enacted into law - The Agreement on Detainers is hereby enacted into law and...

§ 53.1-211. Meaning of "appropriate court." - The phrase "appropriate court" as used in the Agreement on...

§ 53.1-212. Cooperation in enforcement - All courts, departments, agencies, officers and employees of this Commonwealth...

§ 53.1-213. Escape of person in custody pursuant to detainer - Any person who is in the custody of an officer...

§ 53.1-214. Authority and duty of official in charge of facility - It shall be lawful and mandatory upon the superintendent, warden...

§ 53.1-215. Designation of central administrator and information agent - The Attorney General is hereby authorized and empowered to designate...

Chapter 9 - Interstate Corrections Compact

§ 53.1-216. Interstate Corrections Compact; Governor to execute - The Governor is authorized and requested to execute, on behalf...

§ 53.1-217. Authority of Director - The Director is authorized and directed to do all things...

Chapter 10 - Commitment of Aliens

§ 53.1-218. Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien - Whenever any person is committed to a correctional facility for...

§ 53.1-219. Duty of clerk to furnish copy of complaint, indictment, judgment and sentence - Upon the official request of the United States immigration officer...

§ 53.1-220. Transfer of prisoners pursuant to treaty - When a treaty between the United States and a foreign...

§ 53.1-220.1. Transfer of prisoners convicted of designated illegal acts - With the consent of the appropriate state authorities, the Immigration...

§ 53.1-220.2. Transfer of certain incarcerated persons to Immigration and Customs Enforcement - The Director, sheriff, or other official in charge of the...

Chapter 11 - Estates of Prisoners

§ 53.1-221. Appointment of committee; bond - A. When a person is convicted of a felony and...

§ 53.1-222. Powers and liabilities of committee; prosecution and defense of suits to which prisoner is party - A committee appointed pursuant to § 53.1-221 may sue and...

§ 53.1-223. Restriction on suits against prisoners - No action or suit on any claim or demand, except...

§ 53.1-224. Maintenance of prisoner's family; spouse's portion - The committee shall allow, subject to the claims of creditors,...

§ 53.1-225. Accounting and motion for discharge when prisoner released; delivery of estate to prisoner - Within ten days from the date of a prisoner's release...

§ 53.1-226. When estate committed to sheriff - If any person appointed committee refuse the trust or fail...

§ 53.1-227. When and how real estate of prisoner sold or encumbered - The real estate of a prisoner may be leased or...

§ 53.1-228. Disposal of unclaimed personal property of prisoner - If any prisoner in a state, local or community correctional...

§ 53.1-228.1. Inmate payment for damaged property - The Director, and each jail superintendent or sheriff who operates...

Chapter 12 - Executive Clemency

§ 53.1-229. Powers vested in Governor - In accordance with the provisions of Article V, Section 12...

§ 53.1-230. Repealed - Repealed by Acts 2021, Sp. Sess. I, cc. 344 and...

§ 53.1-231. Investigation of cases for executive clemency by Parole Board - The Virginia Parole Board shall, at the request of the...

Chapter 12.1 - Restoration of Civil Rights

§ 53.1-231.1. Process for notification regarding restoration of civil rights - The Director of the Department of Corrections shall provide that...

§ 53.1-231.2. Restoration of the civil right to be eligible to register to vote to certain persons - This section shall apply to any person who is not...

Chapter 13 - Death Sentences

§ 53.1-232. Repealed - Repealed by Acts 2021, Sp. Sess. I, cc. 344 and...

Chapter 14 - Correctional Programs and Facilities for Juveniles

§ 53.1-237. Repealed - Repealed by Acts 1989, c. 733.

Chapter 15 - Corrections Private Management Act

§ 53.1-261. Definitions - As used in this chapter unless the context requires otherwise...

§ 53.1-262. State correctional facilities; private contracts - The Director, subject to the provisions of the Virginia Public...

§ 53.1-263. Authority of security employees - Security employees of a prison contractor shall be allowed to...

§ 53.1-264. Application of certain criminal law to contractor-operated facilities - All provisions of law establishing penalties for offenses committed against...

§ 53.1-265. Powers and duties not delegable to contractor - No contract for correctional services shall authorize, allow, or imply...

§ 53.1-266. Department shall promulgate regulations - The Director shall make, adopt and promulgate regulations governing the...

§ 53.1-267. Expired - Expired.

<< Previous

Next >>

Code of Virginia Title 53.1 - Prisons and Other Methods of Correction

Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction