Va. Code Ann. § 53.1-201 — Virginia Code / Title 53.1 / Chapter 6 / Article 3 / Section 53.1-201
Classification system for good conduct allowance
Status: in_force

Good conduct allowances shall be based upon a four-level classification system. Such system shall be established as follows:

1. Class I at a rate of thirty days credit for each thirty days served. Class I shall be reserved for persons whose initiative, conduct and performance in their assignments are exemplary. Consideration for Class I credit shall be given to persons who perform in assignments requiring a high degree of trust, extra long hours or specialized skills.

2. Class II at a rate of twenty days credit for each thirty days served. Class II shall be reserved for persons whose initiative, conduct and performance in their assignments are satisfactory. Consideration for Class II credit shall be given to persons who require moderate supervision in their assignments and whose assignments require responsibility in the care and maintenance of property.

3. Class III at a rate of ten days credit for each thirty days served. Class III shall be reserved for persons whose conduct and performance in their assignments are marginal. Persons requiring intensive supervision in their assignments and exhibiting minor disciplinary problems may be assigned to Class III.

4. Class IV at a rate of no credit for each thirty days served. Class IV shall be reserved for persons who are in isolation or segregation status for disciplinary or security reasons and persons whose conduct and performance in their assignments are so unsatisfactory as to eliminate consideration for good conduct allowance.

Persons may be reclassified for an increase or decrease in class according to rules and regulations established pursuant to § 53.1-200 .

Code 1950, § 53-209.4; 1981, c. 392; 1982, c. 636.
Va. Code Ann. § 53.1-25 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-25
Director to prescribe rules; rules to be available to prisoners
Status: in_force

The Director may prescribe rules for the preservation of state property and the health of prisoners in state correctional facilities and for the government thereof. Printed copies of all such rules shall be made available to prisoners under such terms and conditions as the Director may prescribe.

Code 1950, § 53-23; 1970, c. 648; 1977, c. 354; 1982, c. 636.
Va. Code Ann. § 53.1-56 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-56
Construction and maintenance of highways; grass cutting; acquisition of quarries, etc.; use of materials for county roads
Status: in_force

Persons sentenced to the Department shall, so far as practicable, be employed in the construction and maintenance of the primary state highway system and secondary system of state highways, and to this end may be used in rock quarries, gravel pits and other plants in the preparation of materials for construction and maintenance of roads and in the maintenance of any or all medians and other nontraveled portions of such highways. Persons sentenced to the Department may also be employed in the maintenance of the rest areas along the Interstate Highway System, providing that such maintenance activities are jointly approved by the Department and the Virginia Department of Transportation based on the safety of the traveling public.

The Commonwealth Transportation Board may acquire out of the proceeds of the money, now or hereafter available for construction and maintenance of the primary state highway system and secondary system, such quarries, gravel pits or plants as may in its opinion be necessary for such work. The Board shall on the request of any county road authorities allow such county road authorities to take from such quarries or gravel pits or shall sell to such county road authorities at cost of production such materials as may be required to be used for the construction and maintenance of county roads. This arrangement shall in no way interfere with the furnishing of materials by the Board for the maintenance or construction of the primary state highway system and secondary system.

The Department of Transportation shall make requisition from time to time upon the Director for the number of prisoners it deems necessary for the work on the primary state highway system or secondary system or for the preparation of road material for road construction and maintenance, in the maintenance of any or all medians and other nontraveled portions of such highways, and in the maintenance of the rest areas along the Interstate Highway System. The number of prisoners so requisitioned shall be furnished subject to availability as determined by the Director of the Department of Corrections.

Fifteen days prior to a prisoner's participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, notice of the prisoner's participation. Such notice shall include the name, address and criminal history of the prisoner, in addition to other information the chief of police or such officer may request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

Code 1950, § 53-109; 1970, c. 648; 1974, c. 128; 1982, c. 636; 1989, c. 652; 2010, c. 128 ; 2011, cc. 40 , 48 ; 2013, cc. 585 , 646 .
Va. Code Ann. § 53.1-45 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-45
Sale of prison goods and services; print shop
Status: in_force

A. Articles produced or manufactured and services provided by prisoners sentenced to state correctional facilities may be disposed of by the Director by sale only to municipal and county agencies in Virginia and to federal, state and local public agencies within or without the Commonwealth or as the Director, with the approval of the Governor, may deem to be in the best interests of the Commonwealth. Except as otherwise provided, no articles produced or manufactured nor services provided by prisoners may be bought, sold or acquired by exchange on the open market.

B. The products of any printing shop in any state correctional facility shall be sold only to the departments, institutions and agencies of the Commonwealth which are supported in whole or in part with funds from the state treasury and to offices or agencies of the counties, cities and towns of the Commonwealth. Such products shall not be sold on the open market except as provided in § 53.1-45.1 .

C. The Department shall not offer manufactured goods for resale to any department, agency or institution of the state unless those goods (i) have been incorporated into a finished product produced or manufactured by prisoners, (ii) are necessary for use with a product produced or manufactured by prisoners, or (iii) are a component part of a product system, a portion of which comprises goods produced or manufactured by prisoners.

Code 1950, §§ 53-63, 53-64; 1970, c. 648; 1977, c. 540; 1982, c. 636; 1983, c. 186; 1993, cc. 464, 488; 1998, c. 240 .
Va. Code Ann. § 53.1-40.13 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.2 / Section 53.1-40.13
Treatment of prisoners during postpartum recovery
Status: in_force

A. No restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk and restraints are used, such restraints shall be the least restrictive possible. In such case, the employee ordering the use of restraints shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the use of restraints, containing justification for restraining the prisoner.

B. The Department shall not place any prisoner who has given birth in the past 30 days and is in postpartum recovery in restrictive housing or solitary confinement unless an employee of the Department has a reasonable belief that the inmate will harm herself, her newborn child, or any other person or poses a substantial flight risk. In such case, the employee authorizing the placement of the inmate in restrictive housing or solitary confinement shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the transfer, containing the justification for confining the prisoner in restrictive housing or solitary confinement.

C. Following the delivery of a newborn child by a prisoner, the Department shall permit the newborn child to remain with the mother for 72 hours unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child. During the 72 hours, the Department shall make available the necessary nutritional and hygiene products to care for the newborn child, including diapers, and the necessary postpartum recovery products for the mother. If the prisoner qualifies as indigent, such products shall be provided without cost.

2020, c. 526 .
Va. Code Ann. § 53.1-211 — Virginia Code / Title 53.1 / Chapter 8 / Section 53.1-211
Meaning of "appropriate court."
Status: in_force

The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this Commonwealth, mean circuit courts and district courts.

Code 1950, § 53-304.2; 1970, c. 407; 1982, c. 636.
Va. Code Ann. § 53.1-87 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-87
Cost of maintenance of jails; payment by localities of respective shares of costs; judicial resolution of disagreements
Status: in_force

A. In any instance in which a local correctional facility of a county, city or town is designated by the Board as the place where prisoners committed by the courts or other authorities of any other county, city or town shall be confined, any capital outlay expenses incurred for necessary repairs, improvements or additions to such facility, and all costs of maintenance of the facility chargeable to the localities, shall be borne ratably by the several counties, cities or towns using it.

B. The share of each respective county, city or town involved in such costs shall be such proportion of the total cost of such repairs, improvements, additions and other such costs as the total aggregate number of days spent in local correctional facilities by prisoners committed by the courts or other authorities of such county, city or town, for the five-year period next preceding the year in which such repairs, improvements or additions are begun, or other costs incurred, bears to the total aggregate number of days spent in local correctional facilities by the prisoners committed by the courts or other authorities of both or all of the counties, cities and towns using the facility to which such repairs, improvements or additions are made or in which such other costs are incurred. The amount to be paid by each county, city or town involved shall be determined by the Board on the basis herein set forth.

C. The Board shall furnish a statement of the several shares of the cost so determined to the governing body of each county, city and town involved, and the respective shares shall be paid within thirty days from the date upon which such statement is furnished. If the costs of any such repairs, improvements or additions will not exceed $2000 they may be authorized by the governing body of the county, city or town to whose correctional facility such repairs, improvements or additions are to be made. If the costs will exceed $2000, such repairs, improvements or additions shall be recommended by the Board and agreed on in advance by the governing bodies of both or all of the counties, cities and towns involved.

In case of disagreement, the matter of the extent of the repairs, improvements or additions and the proportionate cost to the respective localities involved shall be determined by the circuit court of the locality which owns or maintains the correctional institution proposed to be repaired, improved or added to, upon the petition of the Board.

Code 1950, § 53-136; 1970, c. 648; 1982, c. 636.
Va. Code Ann. § 53.1-133.010 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-133.010
Reporting requirement
Status: in_force

A. The sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, shall compile a quarterly summary of all written reports received pursuant to §§ 53.1-133.07 and 53.1-133.08 and shall submit the summary to the Board each quarter.

B. The sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, shall submit the following data to the Compensation Board through the Local Inmate Data System each quarter:

1. The number of prisoners known to be pregnant in the facility;

2. The number of prisoners in postpartum recovery in the facility;

3. The number of women prisoners in the facility;

4. The total number of prisoners in the facility;

5. The number of deaths of prisoners known to be pregnant in the facility; and

6. The number of deaths of prisoners in postpartum recovery in the facility.

Data received pursuant to this subsection shall be shared by the Compensation Board with the Maternal Mortality Review Team, created pursuant to § 32.1-283.8 , and the Chairs of the House and Senate Committees for Courts of Justice.

2026, c. 685 .
Va. Code Ann. § 53.1-1.2 — Virginia Code / Title 53.1 / Chapter 1 / Article 1 / Section 53.1-1.2
Visitation policies; publicly posted dress code for visitors; report
Status: in_force

A. As used in this section:

"Long-distance visitor" means an approved visitor of a correctional facility whose primary residence is located at least 150 miles from the correctional facility, as measured by driving distance.

"Revocation" means a permanent loss of visitation privileges following multiple serious violations verified through reliable evidence, including documentation of such violations.

"Security requirements" means objectively documented procedures necessary to prevent escape, violence, or contraband introduction and does not include procedures used primarily for administrative convenience.

B. The Department shall make reasonable efforts, consistent with facility safety and security, to provide each eligible incarcerated individual the opportunity for in-person visitation with approved visitors that is no less than the maximum safe seating capacity of the in-person visitation at each facility.

C. The Department shall provide extended or additional visitation access for long-distance visitors. Such visits shall be scheduled for an extended duration, subject to available space and security requirements.

D. Each in-person visit shall last a minimum of two hours unless shortened at the request of the visitor or incarcerated person, or in response to an active security event. Visitors shall not be required to end their visit at the end of the minimum time if seating capacity permits continued visitation. The Department shall maintain visitation seating and scheduling capacity equivalent to the maximum safe seating capacity of the in-person visitation at each facility. In addition to currently permitted contact at the beginning and end of visitation, hand holding shall be permitted for the duration of visitation.

E. Visitation privileges may be suspended only for conduct that occurs during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the facility. Visitation shall not be denied or suspended based solely upon an individual's confinement status, including placement in restrictive housing, unless such visitation presents a documented and ongoing security risk. Visitation shall not be revoked or suspended based solely upon disciplinary or administrative reasons unrelated to visitation, including confinement status, nonviolent infractions, or substance-screening results.

Each suspension shall be supported by written documentation specifying the conduct, date, time, and nature of the security threat. Suspension shall not exceed 60 consecutive days for a first violation or 120 consecutive days for a repeated violation within 12 months.

The Department shall provide written notice of suspension to the incarcerated individual and the affected visitor within five business days. Such notice shall describe the conduct and specify the duration of suspension. The incarcerated individual or visitor may appeal any suspension within 15 calendar days. The Department may integrate this visitation appeal process within its established inmate grievance procedures. Appeals shall be reviewed and decided by an official who was not involved in the initial decision to suspend visitation privileges within 20 calendar days of submission of the appeal. Visitation privileges shall be automatically restored at the conclusion of the suspension period unless an appeal upholds the original finding for such suspension. Permanent revocation of visitation privileges shall occur only upon multiple, but no less than three, documented serious violations verified through reliable evidence.

F. The following procedures regarding individuals who are physically present at a state correctional facility for the purpose of visiting a prisoner shall apply:

1. Upon entry into a state correctional facility, visitors shall be informed of the items that they are not permitted to bring into the facility and the items that they are permitted to bring into the facility.

2. If an item that is otherwise legal for the visitor to possess is not permitted in the facility, the item may be placed in the possession of facility employees, if the facility is able to store such item, for the duration of the visit and returned to the visitor upon leaving the facility.

3. If equipment is available, visitors shall be scanned or wanded by an electronic scanning or detection device, or both.

4. If detector canines are available, visitors shall be subjected to a detector canine search.

5. If the detector canine search, scanning, or wanding does not indicate any contraband and the visitor is otherwise eligible to visit, the visitor shall be allowed a visit with the prisoner that allows personal contact.

6. If the detector canine search, scanning, or wanding indicates the possibility of contraband, the visitor shall have the option of consenting to a search of his person. If the visitor does not consent to a search of his person after only a detector canine search indicates the possibility of contraband and the visitor is otherwise eligible to visit, he shall be allowed a visit with the prisoner that does not allow personal contact. If the visitor does not consent to a search of his person after scanning or wanding indicates the possibility of contraband, the Department may deny the visitor entry into the facility in accordance with the operating procedures regarding visiting privileges as authorized by § 53.1-30 . The discovery of contraband shall trigger a facility investigative review regardless of the source of such contraband. If contraband entry is found to originate from facility staff or internal operations, visitation privileges of uninvolved individuals shall not be restricted absent direct evidence of the individual's involvement.

7. A visitor shall be allowed to leave the correctional facility and discontinue the search process prior to the discovery of contraband. A visitor shall not be barred from future visits because he stops a search prior to the discovery of contraband or refuses to consent to a search of his person, including refusing to consent to a strip search or a search of any body cavity. Correctional facility personnel shall not use the search procedure or search results as a threat to bar future visits. The superintendent, warden, or other official in charge of the facility shall ensure that correctional facility personnel do not use the search procedure or search results as a threat to bar future visits.

G. The Department shall establish and publicly post on its website and in the lobby of each state correctional facility an objective dress code for individuals visiting a state correctional facility. Such posted dress code (i) shall include any and all limitations on the appearance or attire of a visitor, including limitations relating to attire, undergarments, shoes, nail polish, makeup, jewelry, or hair and (ii) may contain only (a) limitations on colors or materials of attire, nail polish, or makeup; (b) specific, measurable limitations on clothing; (c) requirements that certain body parts be covered; and (d) prohibitions on specific types of jewelry, makeup, or shoes. Such posted dress code shall not include a prohibition on (1) religious attire that otherwise meets the requirements of the posted dress code or (2) underwire bras. No state correctional facility may enforce a dress code that is more restrictive than the dress code posted by the Department. H. No individual shall be denied regularly scheduled in-person visitation unless such individual is in clear violation of visitation rules or policies. Prior to denying entry to a visitor, the reasoning shall be (i) reviewed in person by the facility administrative duty officer and (ii) approved by a regional administrator or superior. Any such denial of entry and all supporting details, including the basis for such denial, shall be (a) provided in writing to the visitor upon denial and (b) reported to the Department to be included in the annual report required pursuant to subsection D. I. The Department shall report annually on or before November 1 to the General Assembly and the Governor information on visitors denied entry to state correctional facilities, including the following information disaggregated by facility and by month: (i) the number of visitors denied entry and (ii) the reasoning for such denials, including the specific rules or policies such visitors were alleged to have violated.

2020, c. 1170 ; 2026, cc. 380 , 571 , 572 .
Va. Code Ann. § 53.1-79 — Virginia Code / Title 53.1 / Chapter 3 / Article 2 / Section 53.1-79
Jails for United States prisoners; payment by United States
Status: in_force

The sheriff of any county or city or jail superintendent of any regional jail may receive into his jail any person committed thereto under the authority of the United States, and keep him safely according to the warrant or precept of commitment, until he shall be discharged under the laws of the United States. But no person arrested on civil process shall, under this section, be committed to any jail other than that of the county or city within which such person resides or is found.

The county or city or regional jail authority or, if none, the body responsible for the fiscal management of the regional jail shall be paid by the United States for the support of any such prisoner.

Code 1950, § 53-145; 1970, c. 648; 1982, c. 636; 1991, c. 383.
Va. Code Ann. § 53.1-131.3 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-131.3
Payment of costs associated with prisoners' keep
Status: in_force

Any sheriff or jail superintendent may establish a program to charge inmates a reasonable fee, not to exceed $3 per day, to defray the costs associated with the prisoners' keep. The Board shall develop a model plan and adopt regulations for such program, and shall provide assistance, if requested, to the sheriff or jail superintendent in the implementation of such program. Such funds shall be retained in the locality where the funds were collected and shall be used for general jail purposes; however, in the event the jail is a regional jail, funds collected from any such fee shall be retained by the regional jail. Any person jailed for an offense they are later acquitted for shall be refunded any such fees paid during their incarceration.

2003, c. 860 ; 2009, c. 842 ; 2010, c. 548 .
Va. Code Ann. § 53.1-104 — Virginia Code / Title 53.1 / Chapter 3 / Article 4 / Section 53.1-104
Funds from which expenses of transportation of person committed shall be paid; limitation upon cost of maintenance
Status: in_force

The expenses of transporting a person committed to a county or city farm from the place of conviction to the farm and of his maintenance and support during his confinement shall be paid out of state funds provided pursuant to § 53.1-85 , if the person is convicted and committed for a violation of a law of the Commonwealth, upon the order of the circuit court of the county or city operating the farm. If the person is convicted and committed for a violation of a city ordinance, such expenses shall be paid by the treasurer of the city wherein the person was convicted out of the funds of the city treasury, upon an order of the circuit court of the county or city operating the farm to the farm board of such county or city.

Code 1950, § 53-204.1; 1982, c. 636; 1983, c. 358.
Va. Code Ann. § 53.1-149 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-149
Arrest of probationer without warrant; written statement; timeframe for service of process
Status: in_force

A. Any probation officer appointed pursuant to this chapter may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so, by a written statement setting forth that the probationer has, in the judgment of the probation officer, violated one or more of the terms or conditions upon which the probationer was released on probation. Such a written statement by a probation officer delivered to the officer in charge of any local jail or lockup shall be sufficient warrant for the detention of the probationer. Any officer deputized upon receipt of the written statement shall, in accordance with § 19.2-390 , enter, or cause to be entered, the person's name and other appropriate information required by the Department of State Police into the "information systems" known as the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Such information shall be deemed a warrant authorizing the arrest of the person anywhere in the Commonwealth.

B. The probation officer of any probationer arrested pursuant to this section shall forthwith, but in all cases no later than three business days after the arrest of the probationer, (i) submit a copy of any written statement described in subsection A, including all relevant case numbers, to the local attorney for the Commonwealth and the clerk of the court for the circuit court responsible for supervision of the probationer and advise such persons of his arrest and (ii) request the circuit court of the sentencing jurisdiction to promptly issue a capias or bench warrant for the alleged violation contained in the written statement.

Code 1950, § 53-278.5; 1962, c. 327; 1982, c. 636; 2010, c. 273 ; 2025, c. 412 .
Va. Code Ann. § 53.1-176.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 6 / Section 53.1-176.1
Enactment of the Interstate Compact for the Supervision of Adult Offenders
Status: in_force

WHEREAS, the Interstate Compact for the Supervision of Parolees and Probationers was established in 1937 and is the earliest corrections "compact" established among the states and has not been amended since its adoption more than 65 years ago; and

WHEREAS, that Compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders; and

WHEREAS, the complexities of that Compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements and sex offender registration; and

WHEREAS, after hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability; and

WHEREAS, upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the General Assembly to repeal the previous interstate compact for the supervision of parolees and probationers on the effective date of this Compact; now, therefore,

The General Assembly enacts the Interstate Compact for the Supervision of Adult Offenders as set out in § 53.1-176.2 .

2004, c. 407 .
Va. Code Ann. § 53.1-5.2 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-5.2
Compilation of certain data for redistricting purposes
Status: in_force

A. The Board shall direct the sheriffs of all local jails and the jail superintendents of all regional jails to provide to it, no later than May 1 of any year in which the decennial census is taken, information regarding each person incarcerated in a local or regional jail on April 1 of that year. Such information shall include, for each person incarcerated, (i) his residential street address at the time of incarceration, or other legal residence, if known; (ii) his race, his ethnicity as identified by him, and whether he is 18 years of age or older; and (iii) the street address of the correctional facility in which he was incarcerated on April 1 of that year. Upon receipt of such information, the Board shall assign to each person a unique identifier, other than his name or offender identification number.

B. Pursuant to § 24.2-314 , the Board shall provide to the Division of Legislative Services, not later than July 1 of any year in which the decennial census is taken and in a format specified by the Division of Legislative Services, the information specified in subsection A, including the Board-assigned unique identifier.

2020, cc. 1229 , 1265 .
Va. Code Ann. § 53.1-95.5 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.5
Joinder of new subdivision; withdrawal from authority
Status: in_force

Any political subdivision may become a member of any existing authority, and any political subdivision which is a member of an existing authority may withdraw therefrom, but no political subdivision shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority.

The governing body of any political subdivision wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance. The governing body of any political subdivision wishing to become a member of an existing authority and the governing bodies of the political subdivisions then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of such political subdivision and specify the number and term of office of members of the expanded authority which are to be appointed by each of the participating political subdivisions, together with the name, address and term of office of initial appointments to membership.

1990, c. 837.
Va. Code Ann. § 53.1-3 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-3
Persons ineligible for appointment
Status: in_force

No director, officer or employee of an institution subject to the provisions of this title shall be appointed a member of the Board.

Code 1950, § 53-19.32; 1974, cc. 44, 45; 1982, c. 636.
Va. Code Ann. § 53.1-168 — Virginia Code / Title 53.1 / Chapter 4 / Article 5 / Section 53.1-168
Procedure when reincarceration of out-of-state parolee or probationer should be considered
Status: in_force

When supervision of a parolee or probationer is being administered by this Commonwealth pursuant to Article 4 (§ 53.1-166 et seq.) of this chapter and such parolee or probationer is arrested pursuant to the provisions of § 53.1-162 or upon a warrant issued by the state where he was paroled or placed on probation and charged with violation of the terms or conditions of parole or probation, a preliminary hearing at or near the site of the alleged violation may be held in accordance with this article. The purpose of such hearing shall be to determine whether there is probable cause to believe that the parolee or probationer has committed a violation of a condition of parole or probation.

Code 1950, § 53-290.1; 1975, c. 39; 1977, c. 106; 1978, c. 341; 1982, c. 636.
Va. Code Ann. § 53.1-127.5 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-127.5
Collection of fees owed; contract for collection; duties of Department of Taxation
Status: in_force

The sheriff or jail superintendent may (i) contract with private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, or (iii) enter into an agreement with the county or city treasurer, upon such terms and conditions as may be established by guidelines promulgated by the Board, to collect fees imposed under § 53.1-131.3 . As part of such contract, private attorneys or collection agencies shall be given access to the social security number of the person who owes the fees in order to assist in the collection effort. Any such private attorney or collection agency shall be subject to the penalties and provisions of § 18.2-186.3 .

The fees of any private attorney or collection agency shall be paid on a contingency fee basis out of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520 et seq.). A local treasurer undertaking collection pursuant to an agreement with the sheriff or jail superintendent may collect the administrative fee authorized by § 58.1-3958 .

2012, c. 829 .
Va. Code Ann. § 53.1-195 — Virginia Code / Title 53.1 / Chapter 6 / Article 2 / Section 53.1-195
Credits earned prior to 1944
Status: in_force

Such credit as any person may have earned pursuant to § 53.1-193 or § 53.1-194 and not forfeited prior to June 24, 1944, shall remain to his credit, unless forfeited as hereinafter provided.

Code 1950, § 53-212; 1982, c. 636.
Va. Code Ann. § 53.1-121 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-121
Sheriffs to make daily reports to Compensation Board; failure to send report
Status: in_force

The sheriff shall report each day to the Compensation Board, giving the record of each prisoner received during the preceding day in an electronic format approved by the Compensation Board, stating whether the offense is for violation of state law or of city or town ordinance.

If any sheriff fails to send such report, the Compensation Board shall notify the sheriff of such failure. If the sheriff fails to make the report within ten days, then the Compensation Board shall cause the report to be prepared from the books of the sheriff and shall certify the cost thereof to the Comptroller. The Comptroller shall issue his warrant on the Treasurer for that amount, deducting the same from any funds that may be due the sheriff by the Commonwealth.

The computer-generated report shall be authenticated by both the chief jailer and the sheriff who shall certify the accuracy of the report. Either authenticator found guilty of willfully falsifying the information contained in such report shall be guilty of a Class 1 misdemeanor.

Code 1950, § 53-169; 1972, c. 573; 1982, c. 636; 1983, c. 358; 1996, c. 288 ; 1998, cc. 204 , 350 ; 2006, cc. 857 , 914 .
Va. Code Ann. § 53.1-158 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-158
Release of prisoner subject to parole
Status: in_force

The Director of the Department shall release into the custody of the Parole Board, any of its probation and parole officers or the Chairman, any prisoner subject to parole under the laws of this Commonwealth whenever directed so to do by the Parole Board or by the Chairman.

Code 1950, § 53-264; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1982, c. 636.
Va. Code Ann. § 53.1-69.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 1 / Section 53.1-69.1
Review of death of inmates in local, regional, or community correctional facilities
Status: in_force

A. The Board shall have the power to review the death of any inmate who was incarcerated in a local, regional, or community 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, regional, or community 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 that includes the following: (i) a summary of the reviews of the deaths of inmates that occur in any local, regional, or community correctional facility conducted in the prior year pursuant to this section, including any trends or similarities identified by such reviews; (ii) any recommendations for policy changes to reduce the number of inmate deaths; and (iii) any recommendations for changes to the policies and procedures for conducting reviews of the deaths of inmates to improve the operations, safety, and security of local, regional, or community correctional facilities. On or before July 1, 2025, and each July 1 thereafter, 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, the House Committee on Public Safety, and 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 ; 2025, c. 350 .
Va. Code Ann. § 53.1-133.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 8 / Section 53.1-133.1
Definition
Status: in_force

As used in this article unless the context requires otherwise or it is otherwise provided, the term "jail industry program" means a program established by a sheriff or jail superintendent to provide employment and wage earning opportunities for persons under his custody. The program may include the production of goods and provision of services which will be marketed outside the facility.

1992, c. 859; 1995, c. 756 .
Va. Code Ann. § 53.1-48 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-48
Exceptions as to purchases
Status: in_force

A department, institution, or agency of the Commonwealth may be granted an exemption from the provisions of § 53.1-47 with the written consent of the Chief Executive Officer of the Virginia Correctional Enterprises Program in any case where (i) the article so produced or manufactured does not meet the reasonable requirements of the department, institution, or agency, (ii) an identical article can be obtained at a verified lesser cost from the private sector, which is evidenced by a verified request for pricing, or (iii) the requisition made cannot be complied with on account of an insufficient supply of the articles or supplies required, or otherwise. In any case where an exemption from the provisions of § 53.1-47 is not granted as provided in this section, the Chief Executive Officer of the Virginia Correctional Enterprises Program shall provide a written justification for the denial to the department, institution, or agency that requested the exemption.

Code 1950, § 53-69; 1958, c. 124; 1982, cc. 499, 636; 1984, c. 720; 2012, c. 360 ; 2019, c. 167 .
Va. Code Ann. § 53.1-145 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-145
Powers and duties of probation and parole officers
Status: in_force

In addition to other powers and duties prescribed by this article, each probation and parole officer shall:

1. Investigate and report on any case pending in any court or before any judge in his jurisdiction referred to him by the court or judge;

2. Supervise and assist all persons within his territory placed on probation, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and furnish every such person with a written statement of the conditions of his probation and instruct him therein; if any such person has been committed to the Department of Behavioral Health and Developmental Services under the provisions of Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, the conditions of probation shall include the requirement that the person comply with all conditions given him by the Department of Behavioral Health and Developmental Services, and that he follow all of the terms of his treatment plan;

3. Supervise and assist all persons within his territory released on parole, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and, in his discretion, assist any person within his territory who has completed his parole or has been mandatorily released from any correctional facility in the Commonwealth and requests assistance in finding a place to live, finding employment, or in otherwise becoming adjusted to the community;

4. Arrest and recommit to the place of confinement from which he was released, or in which he would have been confined but for the suspension of his sentence or of its imposition, for violation of the terms of probation or parole, any probationer supervision or parolee under his supervision, or as directed by the Chairman, Board member or the court, pending a hearing by the Board or the court, as the case may be;

5. Keep such records, make such reports, and perform other duties as may be required of him by the Director and the court or judge by whom he was authorized;

6. Order and conduct, in his discretion, drug and alcohol screening tests of any probationer or parolee under his supervision who the officer has reason to believe is engaged in the illegal use of controlled substances or marijuana, or the abuse of alcohol. The cost of the test may be charged to the person under supervision. Regulations governing the officer's exercise of this authority shall be promulgated by the Director;

7. Have the power to carry a concealed weapon in accordance with regulations promulgated by the Director and upon the certification of appropriate training and specific authorization by a judge of a circuit court;

8. Provide services in accordance with any contract entered into between the Department of Corrections and the Department of Behavioral Health and Developmental Services pursuant to § 37.2-912 ;

9. Pursuant to any contract entered into between the Department of Corrections and the Department of Behavioral Health and Developmental Services, probation and parole officers shall have the power to provide intensive supervision services to persons placed on conditional release, regardless of whether the person has any time remaining to serve on any criminal sentence, pursuant to Chapter 9 (§ 37.2-900 et seq.);

10. Determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to release whether a blood, saliva, or tissue sample is stored in the data bank for each person placed on probation or parole required to submit a sample pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 and, if a person's sample is not stored in the data bank, require the person placed on probation or parole to submit a sample for DNA analysis;

11. For every offender accepted pursuant to the Interstate Compact for the Supervision of Adult Offenders (§ 53.1-176.1 et seq.) who has been convicted of an offense that, if committed in Virginia, would require the offender to submit a sample pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2, take a sample or verify that a sample has been taken and accepted into the data bank for DNA analysis in the Commonwealth;

12. Monitor the collection and payment of restitution to the victims of crime for offenders placed on supervised probation;

13. Prior to the release from supervision of any offender on probation as of July 1, 2019, review the criminal history record of the offender at least 60 days prior to release from supervision, or immediately if the offender is scheduled to be released from supervision within less than 60 days, to determine whether all offenses for which the offender is being supervised appear on such record and, if any such offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 does not appear, (i) take and provide fingerprints and a photograph of the offender to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information pursuant to subsection D of § 19.2-390 and (ii) provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that such offense does not appear on the offender's criminal history record;

14. Upon intake of any offender on or after July 1, 2019, (i) take and provide fingerprints and a photograph of the offender to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information pursuant to subsection D of § 19.2-390 , (ii) review the criminal history record of the offender to determine whether all offenses for which the offender is being supervised appear on such record, and (iii) if any such offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 does not appear, provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that such offense does not appear on the offender's criminal history record; and

15. Access any nonconfidential court records pursuant to § 17.1-297 to carry out the powers and duties required by this section or any other provision of law.

Nothing in this article shall require probation and parole officers to investigate or supervise cases before general district or juvenile and domestic relations district courts.

Code 1950, § 53-250; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45, 240; 1975, c. 630; 1976, c. 39; 1982, c. 636; 1992, cc. 188, 740; 1994, c. 935 ; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 1995, cc. 502 , 574 ; 1997, c. 526 ; 2003, c. 944 ; 2006, cc. 698 , 730 , 863 , 914 ; 2007, c. 528 ; 2009, cc. 813 , 840 ; 2011, cc. 384 , 410 ; 2014, cc. 674 , 719 ; 2018, cc. 316 , 671 ; 2019, cc. 782 , 783 ; 2020, c. 759 ; 2022, cc. 41 , 42 ; 2025, c. 716 ; 2026, c. 942 .
Va. Code Ann. § 53.1-191 — Virginia Code / Title 53.1 / Chapter 6 / Article 1 / Section 53.1-191
Credits allowed in cases of injuries to or extraordinary services performed by prisoners; nonforfeiture of credits hereunder
Status: in_force

The Director, with the consent of the Governor, may allow to any prisoner confined in a state correctional facility a credit toward his term of confinement if he (i) renders assistance in preventing the escape of another prisoner or in the apprehension of an escaped prisoner; (ii) gives a blood donation to another prisoner; (iii) voluntarily or at the instance of a prison official renders other extraordinary services; or (iv) suffers bodily injury while in the prison system. The Director shall determine the amount of any such credit for each such service or injury. In unusual circumstances a prisoner may receive credit for donating blood, under regulations prescribed by the Director, to blood banks licensed by or subject to regulations of the State Board of Health. The Director may allow the credit permitted by this section to a prisoner who has been sentenced to the Department of Corrections but who is confined in a local correctional facility.

Except as provided hereafter, any credit allowed under the provisions of this section shall be applied as provided in § 53.1-199 . A prisoner who has been sentenced to a term of life imprisonment or to two or more life sentences shall be eligible for credits allowed under the provisions of this section. One-half of such credit shall be applied to reduce the period of time such prisoner shall serve before being eligible for parole.

Credits allowed under the provisions of this section may not be forfeited under § 53.1-189 . Credits shall not be allowed under the provisions of this section to apply toward a term of confinement imposed upon a conviction of a felony offense committed on or after January 1, 1995.

Code 1950, § 53-220; 1952, c. 8; 1976, c. 209; 1981, c. 392; 1982, c. 636; 1984, c. 253; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 2002, c. 59 ; 2020, c. 759 .
Va. Code Ann. § 53.1-91 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-91
Pay for prisoners from other counties, cities or towns
Status: in_force

Each sheriff or jail superintendent shall collect from the counties, cities and towns of the Commonwealth, other than the county, city or region for which he is elected or appointed, and from any other state or country for which any prisoner is held in such jail, the reasonable costs of guarding, feeding, clothing, caring for and furnishing medicine and medical attention for prisoners held for such county, city, town, state or country, to be determined by agreement with the governmental unit involved, or, in the absence of such agreement, as shall be determined by the governing body of his county, city or regional jail.

The term "reasonable costs," as used in this section, means an amount not to exceed actual costs, including depreciation, less such amounts as may be paid by the Commonwealth pursuant to §§ 15.2-1609.8 and 53.1-85 .

Code 1950, § 53-182; 1982, c. 636; 1983, c. 358; 1991, c. 383.
Va. Code Ann. § 53.1-157 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-157
Parolees to comply with terms; furnishing copies
Status: in_force

Each parolee while on parole shall comply with such terms and conditions as may be prescribed by the Board. When any prisoner is released on parole, the Board shall furnish the parolee and the probation and parole officer having supervision of the parolee a copy of the terms and conditions of the parole and any changes that may from time to time be made therein.

Code 1950, § 53-257; 1970, c. 648; 1973, c. 253; 1982, c. 636; 2000, c. 767 ; 2025, c. 716 .
Va. Code Ann. § 53.1-63.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 4 / Section 53.1-63.1
Department to establish facilities for juveniles sentenced as adults
Status: in_force

The Department shall establish, staff and maintain, at any state correctional facilities designated by the Director, programs and housing for the rehabilitation, training, and confinement of juveniles sentenced by the circuit courts as adults and committed to the Department pursuant to § 16.1-272 . The Department shall establish, staff, and maintain education for such juveniles in accordance with standards established by the Department of Juvenile Justice.

1996, cc. 755 , 914 ; 2012, cc. 803 , 835 ; 2020, c. 759 .
Va. Code Ann. § 53.1-133.8 — Virginia Code / Title 53.1 / Chapter 3 / Article 8 / Section 53.1-133.8
Purchases by agencies, localities, and certain nonprofit organizations
Status: in_force

Articles and services produced or manufactured by participants in jail industry programs:

1. May be purchased by all departments, institutions, and agencies of the Commonwealth that are supported in whole or in part with funds from the state treasury for their use or the use of persons whom they assist financially, provided such purchase is not in conflict with the provisions of Article 3 (§ 53.1-41 et seq.) of Chapter 2.

2. May be purchased by any county, district of any county, city, or town and by any nonprofit, volunteer emergency medical services agencies, fire departments, sheltered workshops, and community service organizations.

1992, c. 859; 2015, cc. 502 , 503 .
Va. Code Ann. § 53.1-133.5 — Virginia Code / Title 53.1 / Chapter 3 / Article 8 / Section 53.1-133.5
Disposition of money collected and payment of expenses for jail industry program
Status: in_force

A. Any county, city or town that implements a jail industry program shall authorize the sheriff, jail superintendent or his designee to establish a separate fund for the operation of the program. This fund may be a special revenue fund with continuing authority to receive income and pay expenses associated with the jail industry program. The county, city, or regional jail authority shall audit the jail industry's special revenue fund on an annual basis.

B. The sheriff or jail superintendent shall purchase at prices as low as reasonably possible all materials or other items used in the jail industry program as may be necessary. Invoices or itemized statements of account from each vendor of such materials and other items shall be obtained by the sheriff or jail superintendent and presented to the governing body of the county or city or, in the case of a regional jail or jail farm, the regional jail authority or, if none, that body responsible for the fiscal management of the regional jail or jail farm. The local governing body may require all such purchases to be made pursuant to local purchasing regulations.

1992, c. 859; 1995, c. 756 .
Va. Code Ann. § 53.1-15 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-15
Repealed
Status: repealed

Repealed by Acts 2020, c. 759 , cl. 2.
Va. Code Ann. § 53.1-133.7 — Virginia Code / Title 53.1 / Chapter 3 / Article 8 / Section 53.1-133.7
Sale of artistic products
Status: in_force

Subject to such rules as he may prescribe, the sheriff or jail superintendent may permit participants in jail industry programs to sell to the public artistic products personally crafted by the participants. Such artistic products shall include, but are not limited to, paintings, pottery and leatherwork.

1992, c. 859.
Va. Code Ann. § 53.1-114 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-114
Reimbursement of costs
Status: in_force

Counties and cities or any combination thereof operating a regional jail or jail farm shall be paid the reasonable cost of maintaining the facility as provided for in § 53.1-85 .

Code 1950, § 53-206.11; 1956, c. 681; 1968, c. 525; 1982, c. 636.
Va. Code Ann. § 53.1-95.17 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.17
General purpose of an authority
Status: in_force

Without limiting the generality of any provisions of this article, the general purpose of an authority created pursuant to this article is declared to be that of acquiring, constructing, equipping, maintaining, and operating a jail or jail farm and the usual facilities appertaining to such undertakings; enlarging, renovating, and improving such facilities; acquiring the necessary property therefor, both real and personal, with the right of contract for the use of or to lease, mortgage, or sell any or all of such facilities, including real property; and doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings.

1990, c. 837.
Va. Code Ann. § 53.1-40.7 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.1 / Section 53.1-40.7
Discharge of prisoner involuntarily admitted
Status: in_force

A. The prisoner shall be discharged from a hospital or facility for the care and treatment of individuals with mental illness to a state or local correctional facility designated by the Director if there is no further need for involuntary hospitalization or at the expiration of 180 days unless involuntarily committed by further petition and order of a court as provided herein.

B. Notwithstanding the provisions of subsection A, if there is no further need for involuntary hospitalization, the prisoner may be retained in such hospital or facility if the prisoner (i) is capable of and consents to voluntary admission, and (ii) has been examined by a licensed physician, psychiatrist, or clinical psychologist acting on staff within his area of expertise and is determined to be in need of continued hospitalization.

1988, c. 873; 2005, c. 639 ; 2012, cc. 476 , 507 .
Va. Code Ann. § 53.1-133.04 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-133.04
Medical and mental health treatment of prisoners incapable of giving consent
Status: in_force

A. The sheriff or administrator in charge of a local or regional correctional facility or his designee may petition the circuit court or any district court judge or any special justice, as defined in § 37.2-100 , herein referred to as the court, of the county or city in which the prisoner is located for an order authorizing treatment of a prisoner confined in the local or regional correctional facility. Upon filing the petition, the petitioner or the court shall serve a certified copy of the petition to the person for whom treatment is sought and, if the identity and whereabouts of the person's next of kin are known, to the person's next of kin. The court shall authorize such treatment in a facility designated by the sheriff or administrator upon finding, on the basis of clear and convincing evidence, that the prisoner is incapable, either mentally or physically, of giving informed consent to such treatment; that the prisoner does not have a relevant advanced directive, guardian, or other substitute decision maker; that the proposed treatment is in the best interests of the prisoner; and that the jail has sufficient medical and nursing resources available to safely administer the treatment and respond to any adverse side effects that might arise from the treatment. The facility designated for treatment by the sheriff or administrator may be located within a local or regional correctional facility if such facility is licensed to provide the treatment authorized by the court order.

B. Prior to the court's authorization of such treatment, the court shall appoint an attorney to represent the interests of the prisoner. Evidence shall be presented concerning the prisoner's condition and proposed treatment, which evidence may, in the court's discretion and in the absence of objection by the prisoner or the prisoner's attorney, be submitted by affidavit.

C. Any order authorizing treatment pursuant to subsection A shall describe the treatment authorized and authorize generally such examinations, tests, medications, and other treatments as are in the best interests of the prisoner but may not authorize nontherapeutic sterilization, abortion, or psychosurgery. Such order shall require the licensed physician, psychiatrist, clinical psychologist, professional counselor, or clinical social worker acting within his area of expertise who is treating the prisoner to report to the court and the prisoner's attorney any change in the prisoner's condition resulting in restoration of the prisoner's capability to consent prior to completion of the authorized treatment and related services. Upon receipt of such report, the court may enter such order withdrawing or modifying its prior authorization as it deems appropriate. Any petition or order under this section may be orally presented or entered, provided that a written order is subsequently executed.

D. Prior to authorizing treatment pursuant to this section, the court shall find that there is no available person with legal authority under the Health Care Decisions Act (§ 54.1-2981 et seq.) or under other applicable law to authorize the proposed treatment.

E. Any order of a judge under subsection A may be appealed de novo within 10 days to the circuit court for the jurisdiction where the prisoner is located, and any order of a circuit court hereunder, either originally or on appeal, may be appealed within 10 days to the Court of Appeals, which shall give such appeal priority and hear the appeal as soon as possible.

F. Whenever the director of any hospital or facility reasonably believes that treatment is necessary to protect the life, health, or safety of a prisoner, such treatment may be given during the period allowed for any appeal unless prohibited by order of a court of record wherein the appeal is pending.

G. Upon the advice of a licensed physician, psychiatrist, or clinical psychologist acting within his area of expertise who has attempted to obtain consent and upon a finding of probable cause to believe that a prisoner is incapable, due to any physical or mental condition, of giving informed consent to treatment and that the medical standard of care calls for testing, observation, or other treatment within the next 12 hours to prevent death, disability, or a serious irreversible condition, the court or, if the court is unavailable, a magistrate shall issue an order authorizing temporary admission of the prisoner to a hospital or other health care facility and authorizing such testing, observation, or other treatment. Such order shall expire after a period of 12 hours unless extended by the court as part of an order authorizing treatment under subsection A.

H. Any licensed health or mental health professional or licensed facility providing services pursuant to the court's or magistrate's authorization as provided in this section shall have no liability arising out of a claim to the extent that it is based on lack of consent to such services, except with respect to injury or death resulting from gross negligence or willful and wanton misconduct. Any such professional or facility providing services with the consent of the prisoner receiving treatment shall have no liability arising out of a claim to the extent that it is based on lack of capacity to consent, except with respect to injury or death resulting from gross negligence or willful and wanton misconduct, if a court or a magistrate has denied a petition hereunder to authorize such services and such denial was based on an affirmative finding that the prisoner was capable of making an informed decision regarding the proposed services.

I. Nothing in this section shall be deemed to limit or repeal any common law rule relating to consent for medical treatment or the right to apply or the authority conferred by any other applicable statute or regulation relating to consent.

2019, c. 809 .
Va. Code Ann. § 53.1-63 — Virginia Code / Title 53.1 / Chapter 2 / Article 4 / Section 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
Status: in_force

A. The Department shall establish, staff and maintain, at any state correctional facility designated by the Director, programs and housing for the rehabilitation, training and confinement of persons committed to the Department under the provisions of Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2. Persons admitted to these facilities shall be determined by the Department to have the potential for rehabilitation through confinement and treatment therein.

B. Elements of the program shall include but not be limited to (i) an initial period of military style drill, (ii) cognitive behavioral restructuring designed to teach responsibility and accountability through anger management, life skills development, substance abuse education, parenting skills development and peer tutoring, (iii) developmental counseling as needed, (iv) academic education, career and technical education, and apprenticeships, and (v) transitional release, reentry services, aftercare and intensive parole supervision.

Code 1950, § 53-128.1; 1966, c. 482; 1974, cc. 44, 45; 1982, c. 636; 1990, c. 701; 2000, cc. 668 , 690 ; 2001, c. 483 ; 2020, c. 759 .
Va. Code Ann. § 53.1-9 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-9
Appointment of Director; term
Status: in_force

A Director of Corrections shall be appointed by the Governor, subject to confirmation by each house of the General Assembly.

The Director shall be appointed for a term coincident with that of the Governor and shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as original appointments are made.

Code 1950, §§ 53-19.6, 53-19.7; 1974, cc. 44, 45; 1982, c. 636.
Va. Code Ann. § 53.1-57 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-57
Payments by Department of Transportation to Director for labor
Status: in_force

The Department of Transportation shall pay to the Director monthly for the hours prisoners are employed on the state highway primary system and secondary system and work incidental thereto, an amount agreed upon by the Department of Corrections and the Department of Transportation. Monthly payments by the Department to the Director shall be made not later than the fifteenth day of the succeeding month after the work or labor has been performed for the Department.

Code 1950, § 53-71; 1958, c. 324; 1960, c. 450; 1970, c. 648; 1982, c. 636; 2013, cc. 585 , 646 .
Va. Code Ann. § 53.1-111 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-111
Work of prisoners
Status: in_force

All prisoners convicted and sentenced or transferred to a jail or jail farm shall be required to work on the jail or jail farm or on any other property as the board may direct, unless for good cause shown the court sentencing and committing such prisoners shall order otherwise.

Code 1950, § 53-206.8; 1956, c. 681; 1970, c. 648; 1979, c. 700; 1982, c. 636.
Va. Code Ann. § 53.1-220 — Virginia Code / Title 53.1 / Chapter 10 / Section 53.1-220
Transfer of prisoners pursuant to treaty
Status: in_force

When a treaty between the United States and a foreign country provides for the transfer to such foreign country, with the consent of the appropriate state authorities, of convicted offenders in state correctional systems who are citizens or nationals of such foreign country, the Governor is authorized, subject to the terms of such treaty, to act on behalf of the Commonwealth and to consent to the transfer of such convicted offenders.

Code 1950, § 53-315.1; 1978, c. 620; 1982, c. 636.
Va. Code Ann. § 53.1-17 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-17
Defense of Department of Corrections employees
Status: in_force

If any employee of the Department shall be brought before any regulatory or administrative body, summoned before any regular or special grand jury, or, arrested, indicted, or prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Director may, with the approval of the Governor, pay in whole or in part, counsel employed by such employee to represent him, provided he is neither convicted nor terminated from his employment. Such compensation shall be paid from funds appropriated to the Department.

Code 1950, §§ 53-16.1, 53-19.19; 1958, c. 542; 1970, c. 648; 1974, cc. 44, 45; 1976, c. 517; 1982, c. 636; 1989, c. 298.
Va. Code Ann. § 53.1-71.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 1.1 / Section 53.1-71.1
Private construction, maintenance, etc., of regional jail facility
Status: in_force

A. Any regional jail authority constituted pursuant to Article 3.1 (§ 53.1-95.2 et seq.) or 5 (§ 53.1-105 et seq.) of Chapter 3 of Title 53.1 may contract with a private entity for the financing, site selection, acquisition, construction, maintenance, or leasing of a regional jail facility.

B. Any project authorized pursuant to subsection A shall be subject to the requirements and limitations set out below:

1. Contracts entered into under the terms of this article shall be with an entity submitting an acceptable response pursuant to a request for proposals. An acceptable response shall be one that meets all the requirements in the request for proposals. However, no contract for correctional services may be entered into unless the private contractor demonstrates that it has:

a. The qualifications and experience necessary to carry out the terms of this contract;

b. The financial resources to provide indemnification for liability arising from jail projects;

c. Evidence of past performance of similar contracts; and

d. The ability to comply with all applicable federal and state constitutional standards; federal, state, and local laws; court orders; and correctional standards.

2. Contracts awarded under the provisions of this article, including contracts for the provision of correctional services or for the lease or use of public lands or buildings for use in the operation of facilities, may be entered into for a period of up to 30 years, subject to the requirements for expenditure of funds by the local governing bodies.

3. No contract for correctional services shall be entered into which would adversely affect the tax-exempt status of obligations issued or to be issued to finance the facility, and unless the following requirements are met:

a. The contractor provides audited financial statements for the previous five years or for each of the years the contractor has been in operation, if fewer than five years, and provides other financial information as requested; and

b. The contractor provides an adequate plan of indemnification, specifically including indemnity for civil rights claims. The indemnification plan shall be adequate to protect the combination of counties or cities and public officials from all claims and losses incurred as a result of the contract. The indemnification plan shall include liability insurance in limits of not less than $5 million. Nothing herein is intended to deprive a regional jail facility contractor or the combination of counties or cities of the benefits of any law limiting exposure to liability or setting a limit on damages.

4. No contract for correctional services shall be executed unless:

a. The proposed contract has been reviewed and approved by the Board;

b. An appropriation for the services to be provided under the contract has been expressly approved as is otherwise provided by law;

c. The correctional services proposed by the contract are of at least the same quality as those routinely provided by a regional jail facility to similar types of inmates; and

d. An evaluation of the proposed contract demonstrates a cost benefit to the combination of counties or cities when compared to alternative means of providing the services through governmental agencies.

1994, c. 715 ; 2025, c. 337 .
Va. Code Ann. § 53.1-126 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-126
Responsibility of sheriffs and jail superintendents for food, clothing and medicine
Status: in_force

The sheriff or jail superintendent shall purchase at prices as low as reasonably possible all foodstuffs and other provisions used in the feeding of jail prisoners and such clothing and medicine as may be necessary. Nothing herein shall be construed to require a sheriff, jail superintendent or a locality to pay for the medical treatment of an inmate for any injury, illness, or condition that existed prior to the inmate's commitment to a local or regional facility, except that medical treatment shall not be withheld for any communicable diseases, serious medical needs, or life threatening conditions. Invoices or itemized statements of account from each vendor of such foodstuffs, provisions, clothing and medicines shall be obtained by the sheriff or jail superintendent and presented for payment to the governing body of the city or county or, in the case of regional jails, the regional jail authority or, if none, that body responsible for the fiscal management of the regional jails, which shall be responsible for the payment thereof. He shall certify on each statement or invoice that the merchandise has been received and that the vendor has complied with the terms of the purchase. Such certification shall be in the following words: "I hereby certify that the merchandise or service has been received and that the terms of the purchase have been complied with on the part of the vendor. The merchandise or service has been or will be used solely for the feeding and care of prisoners confined in jail." If any county or city has a purchasing agent, the local governing body may require all such purchases to be made by or through the purchasing agent.

Code 1950, § 53-175; 1982, c. 636; 1991, c. 383; 2003, cc. 928 , 1019 ; 2011, c. 727 .
Va. Code Ann. § 53.1-40.01 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-40.01
Conditional release of geriatric prisoners
Status: in_force

Any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, (i) who has reached the age of sixty-five or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of sixty or older and who has served at least ten years of the sentence imposed may petition the Parole Board for conditional release. The Parole Board shall promulgate regulations to implement the provisions of this section.

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2001, cc. 446 , 487 .
Va. Code Ann. § 53.1-162 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-162
Arrest of parolee without warrant; written statement
Status: in_force

Any probation and parole officer may arrest a parolee without a warrant or may deputize any other officer with power of arrest to do so by a written statement setting forth that the parolee has, in the judgment of the probation and parole officer, violated one or more of the terms or conditions of his parole. Such a written statement by a probation and parole officer delivered to the officer in charge of any state or local correctional facility shall be sufficient warrant for the detention of the parolee. Any officer deputized upon receipt of the written statement shall, in accordance with § 19.2-390 , enter, or cause to be entered, the person's name and other appropriate information required by the Department of State Police into the "information systems" known as the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Such information shall be deemed a warrant authorizing the arrest of the person anywhere in the Commonwealth.

Code 1950, § 53-259; 1982, c. 636; 2000, c. 767 ; 2010, c. 273 ; 2025, c. 716 .
Va. Code Ann. § 53.1-133.10 — Virginia Code / Title 53.1 / Chapter 3 / Article 8 / Section 53.1-133.10
(See Editor's note) Compact; transport of prisoners to and from medical facilities across state boundaries; Governor to execute
Status: in_force

The Governor is authorized and requested to execute, on behalf of the Commonwealth, with any other state or states legally joining therein a compact that shall be in form substantially as follows:

The compacting states solemnly agree that:

ARTICLE I.

The party states, desiring by common action to efficiently utilize and provide emergency medical, dental, and psychiatric care for prisoners of local correctional facilities, declare that it is the policy of each of the party states to cooperate with one another to serve the best interests of the prisoners and of the state and local governments in the convenient and economical provision of these services. The purpose of this compact is to provide for the mutual recognition of the control and authority over prisoners during transport to and from medical, dental, and psychiatric facilities across state boundaries.

ARTICLE II.

As used in this compact, unless the context clearly requires otherwise:

1. "State" means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

2. "Sending state" means a state party to this compact in which a prisoner in need of medical, dental, or psychiatric services is incarcerated.

3. "Receiving state" means a state party to this compact in which is located a medical, dental, or psychiatric facility.

4. "Prisoner" means a male or female offender who is committed under sentence to or confined in a local correctional facility.

5. "Local correctional facility" means any penal or correctional facility or any jail, regional jail, jail farm, or other place used for the detention or incarceration of adult offenders that is owned, maintained, or operated by any political subdivision or combination of subdivisions of a state or a local government of a state.

ARTICLE III.

Each party state agrees to extend all necessary authority to law-enforcement or corrections officers from a sending state while such officers have in their custody a prisoner for the purpose of escorting the prisoner to and from a medical, dental, or psychiatric facility located in the receiving state.

ARTICLE IV.

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE V.

This compact shall continue in force and remain binding upon a party state until the party state has enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate official of all other party states. No actual withdrawal shall take effect until one year after the notice provided in said statute has been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE VI.

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact is held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

2013, c. 138 .
Va. Code Ann. § 53.1-106.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-106.1
Location of jail facilities
Status: in_force

No regional jail or jail farm board or authority created by any combination of two or more counties or cities, whether pursuant to this article or Article 3.1 (§ 53.1-95.2 et seq.) of this chapter, or an Act of Assembly, shall locate a jail or jail farm in a political subdivision which is not a participating political subdivision in the board or authority unless the governing body of the nonparticipating political subdivision grants express consent to such location.

1991, c. 593.
Va. Code Ann. § 53.1-108 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-108
Expenses and allowance
Status: in_force

Members of the regional jail or jail farm board shall be entitled to necessary expenses incurred in attending meetings of the board. They shall each receive an allowance for each day they are in attendance on the board. Such expenses and allowances shall not exceed in any one year the sum of $1,200 per member and shall be paid by the respective governing bodies.

Code 1950, § 53-206.3; 1956, c. 681; 1970, c. 648; 1982, c. 636; 1986, c. 191.
Va. Code Ann. § 53.1-27 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-27
Establishment of stores in state correctional facilities
Status: in_force

The Director is hereby authorized to provide for the establishment and operation of stores or commissaries in state correctional facilities to deal in such articles as he deems proper. The profits from the operation of such stores shall be used for educational, recreational, pre-release and post-release reentry and transition services, or other purposes beneficial to the inmate population as may be prescribed by the Director.

Code 1950, § 53-19.9; 1974, cc. 44, 45; 1982, c. 636; 1996, cc. 28 , 230 ; 2004, c. 417 .
Va. Code Ann. § 53.1-95.21 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.21
Supplemental and additional powers
Status: in_force

The foregoing sections of this article shall be deemed to provide an additional and alternative method for the performance of acts authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

1990, c. 837.
Va. Code Ann. § 53.1-140 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-140
Powers and duties of Director of Department
Status: in_force

The Director of the Department of Corrections shall:

1. Direct and supervise the work of all probation and parole officers employed and authorized as officers of the court pursuant to the provisions of this article and the Virginia Personnel Act (§ 2.2-2900 et seq.);

2. Carry or cause to be carried into effect all orders of the Board and all rules and regulations adopted by it pursuant to the provisions of this article;

3. Prepare and submit to the circuit courts of the Commonwealth lists of persons suitable and qualified, in his opinion, for authorization as probation and parole officers pursuant to the provisions of this article; and

4. Coordinate with the Parole Board the activities of the Department of Corrections that relate to parole.

Code 1950, § 53-241.1; 1974, cc. 44, 45; 1979, c. 700; 1981, c. 276; 1982, c. 636; 2003, c. 944 .
Va. Code Ann. § 53.1-31.3 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-31.3
Notification of incarcerated individuals ineligible for public assistance
Status: in_force

The Department shall, at regular intervals but at least monthly, provide the Department of Social Services with a list of all individuals committed to the custody of the Department of Corrections during the preceding month, to facilitate identification of prisoners who were receiving public assistance benefits prior to commitment to the custody of the Department and who may, as a result of their incarceration, be ineligible to receive such benefits.

2013, c. 218 .
Va. Code Ann. § 53.1-115 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-115
Payment of salaries of superintendents and medical and treatment personnel
Status: in_force

The Commonwealth shall pay two-thirds of the salaries of the superintendents and approved medical and treatment personnel of such jails. The other one-third shall be paid pro rata by the participating political subdivisions. Such salaries shall be paid in the manner provided in § 15.2-1609.2 , and such section shall be applicable mutatis mutandis to superintendents of such jails.

Code 1950, § 53-206.12; 1970, c. 706; 1982, c. 636; 1983, c. 358.
Va. Code Ann. § 53.1-52 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-52
Procedure for purchases
Status: in_force

All purchases, except for those of information technology and telecommunications goods and services as provided in § 2.2-2012 , made by departments, institutions and agencies of the Commonwealth shall be made as provided by the Division of Purchases and Supply of the Department of General Services. All purchases of information technology and telecommunications made by departments, institutions, and agencies of the Commonwealth shall be made as provided by the Virginia Information Technologies Agency. All other purchases shall be upon requisition by the proper authority of the county, district, city or town requiring such articles.

Code 1950, § 53-68; 1958, c. 124; 1982, cc. 636, 647; 2003, cc. 895 , 981 , 1021 .
Va. Code Ann. § 53.1-202.5 — Virginia Code / Title 53.1 / Chapter 6 / Article 4 / Section 53.1-202.5
Department to provide programs
Status: in_force

The Department shall ensure that educational, vocational, counseling, and substance abuse programs for earning sentence credits are available at all state correctional facilities.

2020, Sp. Sess. I, cc. 50 , 52 .
Va. Code Ann. § 53.1-29 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-29
Authority for correctional officers and other employees to carry weapons
Status: in_force

It shall be lawful for any correctional officer and any noncustodial employee who has been designated by the Director of the Department, and who has completed the basic course in firearms for correctional officers as approved by the Department of Criminal Justice Services, to carry and use sufficient weapons to prevent escapes, suppress rebellion, and defend or protect himself or others in the course of his assigned duties.

Code 1950, § 53-39; 1970, c. 648; 1979, c. 642; 1982, c. 636; 1984, c. 720; 1996, cc. 804 , 838 .
Va. Code Ann. § 53.1-40.11 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.2 / Section 53.1-40.11
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Postpartum recovery" means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the prisoner, following childbirth.

"Restraints" means any mechanical device, medication, physical intervention, or hands-on hold to prevent an individual from moving her body.

"Restrictive housing" means the same as that term is defined in § 53.1-39.1 .

"Solitary confinement" means isolation of a prisoner from the general population through confinement to a cell or other place for 22 or more hours within a 24-hour period.

2020, c. 526 .
Va. Code Ann. § 53.1-40.15 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.2 / Section 53.1-40.15
Training of correctional facility employees regarding pregnant inmates
Status: in_force

For correctional officers, and juvenile correctional officers who may have contact with pregnant inmates, the compulsory minimum entry-level training standards established pursuant to § 9.1-102 shall include training on the general care of pregnant women, the impact of restraints on pregnant inmates and fetuses, the impact of being placed in restrictive housing or solitary confinement on pregnant inmates, and the impact of body cavity searches on pregnant inmates.

2020, c. 526 .
Va. Code Ann. § 53.1-115.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-115.1
Superintendents of regional jails and regional jail-farms to make daily reports to Compensation Board
Status: in_force

The superintendent of every regional jail and every regional jail-farm shall report each day to the Compensation Board, giving the record of each prisoner received during the preceding day in an electronic format approved by the Compensation Board, stating whether the offense for each prisoner is for violation of state law or of a city or town ordinance. The computer-generated report shall be authenticated by both the superintendent and chairman of the regional jail-farm board. Either person who authenticates such report and willfully falsifies the information contained in such report is guilty of a Class 1 misdemeanor.

If any superintendent fails to send such report, the Compensation Board shall notify the superintendent of such failure. If the superintendent fails to make the report within ten days, then the Compensation Board shall cause the report to be prepared from the books of the superintendent and shall certify the cost thereof to the Comptroller. The Comptroller shall issue his warrant on the Treasurer for that amount, deducting the same from any funds that may be due the superintendent by the Commonwealth.

1983, c. 358; 2000, cc. 70 , 291 ; 2006, cc. 857 , 914 .
Va. Code Ann. § 53.1-136 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-136
(Effective until July 1, 2027) Powers and duties of Board; notice of release of certain inmates; report
Status: in_force

In addition to the other powers and duties imposed upon the Board by this article, the Board shall:

1. Adopt, subject to approval by the Governor, general rules governing the granting of parole and eligibility requirements, which shall be published and posted for public review. Such eligibility rules shall require consideration of the prisoner's demonstrated rehabilitation, economic and educational development, commitment to prosocial behavior, and community and family supports;

2. Adopt, subject to approval by the Governor, rules providing for the granting of parole to those prisoners who are eligible for parole pursuant to subsection E of § 53.1-165.1 . The Board shall ensure that such prisoners have a meaningful opportunity for release on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders;

3. a. Release on parole for such time and upon such terms and conditions as the Board shall prescribe, persons convicted of felonies and confined under the laws of the Commonwealth in any correctional facility in Virginia when those persons become eligible and are found suitable for parole, according to those rules adopted pursuant to subdivisions 1 and 2;

b. Notify the Department of Corrections of its decision to grant discretionary parole or conditional release to an inmate. The Department of Corrections shall set the release date for such inmate no sooner than 30 business days from the date that the Department of Corrections receives such notification from the Chairman of the Board, except that the Department of Corrections may set an earlier release date in the case of an inmate granted conditional release pursuant to § 53.1-40.02 . In the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate's release that such inmate has been granted discretionary parole or conditional release pursuant to § 53.1-40.01 or 53.1-40.02 or (ii) by telephone or other electronic means prior to such inmate's release that such inmate has been granted conditional release pursuant to § 53.1-40.02 where death is imminent. Nothing in this section shall be construed to alter the obligations of the Board under § 53.1-155 for investigation prior to release on discretionary parole;

c. Provide that in any case where a person who is released on parole has been committed to the Department of Behavioral Health and Developmental Services under the provisions of Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 the conditions of his parole shall include the requirement that the person comply with all conditions given him by the Department of Behavioral Health and Developmental Services and that he follow all of the terms of his treatment plan;

4. Revoke parole and order the reincarceration of any parolee or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (§ 53.1-67.2 et seq.) on any eligible parolee, when, in the judgment of the Board, he has violated the conditions of his parole or is otherwise unfit to be on parole;

5. Issue final discharges to persons released by the Board on parole when the Board is of the opinion that the discharge of the parolee will not be incompatible with the welfare of such person or of society. Final discharges granted prior to the expiration of a period of parole shall be granted only upon approval by a majority of Board members. The Board shall publish an annual report regarding final discharges issued by the Board during the previous 12 months. The report shall include (i) the name of each prisoner granted final discharge, (ii) the offense of which the prisoner was convicted, (iii) the jurisdiction in which such offense was committed, (iv) the length of the prisoner's sentence and the date such sentence was imposed, (v) the amount of time the prisoner has been on parole in the community, (vi) the basis for the final discharge, and (vii) the vote of each Board member;

6. Make investigations and reports with respect to any commutation of sentence, pardon, reprieve or remission of fine, or penalty when requested by the Governor;

7. Publish a statement by the fifteenth day of each month regarding the actions taken by the Board on the parole of prisoners during the prior month. The statement shall list (i) the name of each prisoner considered for parole, (ii) the offense of which the prisoner was convicted, (iii) the jurisdiction in which such offense was committed, (iv) the length of the prisoner's sentence and the date such sentence was imposed, (v) the amount of time the prisoner has served, (vi) whether the prisoner was granted or denied parole, (vii) individualized reasons for the grant or denial of parole, and (viii) the final vote and the names of the Board members who voted in favor of granting parole and those who voted against. However, in the case of a prisoner granted parole, the information set forth in clauses (i) through (viii) regarding such prisoner shall be included in the statement published in the month immediately succeeding the month in which notification of the decision to grant parole was given to the attorney for the Commonwealth and any victims;

8. Publish an annual report regarding actions taken by the Board on the parole of prisoners during the prior year. Such report shall contain each monthly statement published by the Board pursuant to subdivision 7 and a summary that identifies (i) the total number of prisoners considered for parole, (ii) the number of persons granted parole, (iii) the number of persons denied parole, and (iv) the most common reasons for which parole was granted or denied;

9. a. Ensure that each person eligible for parole receives a timely and thorough review of his suitability for release on parole, including a review of any relevant post-sentencing information. If parole is denied, the Board shall provide (i) the basis for the denial of parole in writing and shall include specific, individualized reasons for such denial to such inmate and (ii) recommendations such inmate may take to demonstrate commitment to rehabilitation;

b. In the case of any prisoner eligible for parole pursuant to subsection E of § 53.1-165.1 , if parole is denied, each Board member shall identify the reasoning for such decision at the time such member's vote is cast, including any youth-related factor and evidence of maturity and rehabilitation that was considered. The Board shall provide to such prisoner for whom parole is denied recommendations to demonstrate commitment to rehabilitation and at the next hearing, the Board shall consider whether the prisoner has followed such recommendations; and

10. Convene a public meeting, either in person or via video conference, when conducting the final deliberation and vote regarding whether the Board will grant parole to a prisoner. The prisoner being considered for parole or his attorney shall be permitted to attend such meeting either, in the Board's discretion, in person or via video conference. The victim shall be permitted to attend and participate in such meeting either, in the Board's discretion, in person or via video or phone conference or to provide written or recorded testimony. No decision to grant discretionary parole shall be made by the Board unless such decision was discussed and debated at a meeting at which no fewer than three of the Board members were present. Whether the Board grants or denies discretionary parole to an inmate, each Board member shall identify his reasoning for such decision at the time such member's vote is cast.

Code 1950, §§ 53-238, 53-265; 1966, c. 638; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1979, c. 625; 1982, c. 636; 1990, c. 538; 2000, cc. 338 , 767 ; 2002, c. 569 ; 2003, c. 132 ; 2005, c. 657 ; 2006, cc. 863 , 914 ; 2009, cc. 813 , 840 ; 2013, c. 708 ; 2020, cc. 2 , 529 ; 2021, Sp. Sess. I, cc. 287 , 545 ; 2022, c. 141 ; 2023, cc. 805 , 806 ; 2025, c. 716 ; 2026, cc. 984 , 1046 .
Va. Code Ann. § 53.1-74 — Virginia Code / Title 53.1 / Chapter 3 / Article 2 / Section 53.1-74
When court may adopt jail of another county or city
Status: in_force

When a county or city is without an adequate jail, or its jail is to be removed, rebuilt or repaired, the circuit court thereof shall adopt as its jail the jail of another county or city until it can obtain an adequate jail. All persons committed or ordered committed to the jail of the first mentioned county or city, at or after such adoption and before an adequate jail be so obtained, shall be conveyed to the jail so adopted.

Code 1950, § 53-139; 1982, c. 636.
Va. Code Ann. § 53.1-17.1 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-17.1
Continuous quality improvement committee; report
Status: in_force

A. The Director shall establish a health care continuous quality improvement committee, which shall be composed of the Director, or his designee, and at least one of each of the following: a health services director, physician, nurse, dentist, mental health director, pharmacist, psychiatrist, specialist in infection control, and grievance counselor employed by the Department. The committee shall (i) identify appropriate criteria for evaluation of the quality of health care services provided by the Department, (ii) monitor and evaluate the quality of health care services provided by the Department utilizing the criteria identified, and (iii) develop strategies to improve the quality of health care services provided by the Department.

B. Beginning July 1, 2020, the committee established pursuant to subsection A shall publish quarterly continuous quality improvement reports setting forth such data and information as the committee shall deem appropriate on a website maintained by the Department. Each facility shall submit quarterly continuous quality improvement reports containing such data and information as may be required by the committee at such times as may be required by the committee, for inclusion in the committee's quarterly continuous quality improvement report.

2019, cc. 320 , 463 .
Va. Code Ann. § 53.1-11 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-11
Bond of Director
Status: in_force

The Director shall be bonded in accordance with § 2.2-1840 , conditioned upon the faithful discharge of his duties.

Code 1950, § 53-19.10; 1974, cc. 44, 45; 1982, c. 636; 2021, Sp. Sess. I, c. 152 .
Va. Code Ann. § 53.1-40.6 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.1 / Section 53.1-40.6
Periodic review of prisoner for purposes of retention
Status: in_force

The director of a hospital or facility shall require a review of the progress of each prisoner admitted to such hospital or facility to be conducted at intervals of thirty days, sixty days, and ninety days after admission of such prisoner and every six months thereafter to determine whether such prisoner should be retained at such hospital or facility. A record shall be kept of the findings of each review in the hospital's or facility's file on such prisoner.

1988, c. 873.
Va. Code Ann. § 53.1-207 — Virginia Code / Title 53.1 / Chapter 7 / Article 2 / Section 53.1-207
Cost of transportation
Status: in_force

All transportation and other costs incident thereto shall be paid by the authority requesting the prisoner.

Code 1950, § 53-302; 1982, c. 636.
Va. Code Ann. § 53.1-5 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-5
(For contingent expiration date, see Acts 2026, cc. 992 and 1081, cl. 3) Powers and duties of Board
Status: in_force

The Board shall have the following powers and duties:

1. To develop and establish operational and fiscal standards governing the operation of local, regional, and community correctional facilities;

2. To advise the Governor and Director on matters relating to corrections;

3. To make, adopt, and promulgate such rules and regulations as may be necessary to carry out the provisions of this title and other laws of the Commonwealth pertaining to local, regional, and community correctional facilities. The Board, when promulgating regulations and adopting any policy or guidance document related to the enforcement of any minimum standards applicable to local, regional, and community correctional facilities, shall expressly and specifically include such items in its published agenda for meetings of the Board or any of its subcommittees. No standard, policy, or guidance document may be promulgated, amended, or rescinded in entirety or in part without compliance with this article;

4. To ensure the development of programs to educate citizens and elicit public support for the activities of the Department;

5. To develop and implement policies and procedures for the review of the death of any inmate that the Board determines warrants review that occurs in any local, regional, or community correctional facility. Such policies and procedures shall incorporate the Board's authority under § 53.1-6 to ensure the production of evidence necessary to conduct a thorough review of any such death. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures;

6. To establish minimum standards for health care services, including medical, dental, pharmaceutical, and behavioral health services, in local, regional, and community correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner or their designees. Notwithstanding any other provision of law, the Board shall adhere to procedures of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating such policies and procedures. Such minimum standards shall require that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report documenting the delivery of health care services, along with any improvements made to those services, to the Board. The Board shall make such reports available to the public on its website. The Board may determine that any local, regional, or community correctional facility that is accredited by the American Correctional Association or National Commission on Correctional Health Care meets such minimum standards solely on the basis of such facility's accreditation status; however, without exception, the requirement that each local, regional, and community correctional facility submit a standardized quarterly continuous quality improvement report to the Board shall be a mandatory minimum standard;

7. To develop and implement policies for the accommodation in local, regional, and community correctional facilities of inmate participation in telehealth appointments, which shall include policies on designating a private space for such telehealth appointments to occur;

8. To develop and establish minimum standards for ensuring that attorneys have sufficient opportunities to conduct confidential visits with their clients who are held in local, regional, and community correctional facilities;

9. To report annually on or before December 1 to the General Assembly and the Governor on the results of the inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68 . The report shall include (i) a summary of the results of such inspections and audits, including any trends identified by such inspections and audits and the frequency of violations of each standard established for local, regional, or community correctional facilities, and (ii) any recommendations for changes to the standards established for local, regional, or community correctional facilities to improve the operations, safety, and security of local, regional, or community correctional facilities.

Code 1950, §§ 53-19.33, 53-19.34, 53-19.39; 1974, cc. 44, 45; 1976, c. 249; 1982, c. 636; 1984, c. 720; 2011, c. 375 ; 2012, cc. 803 , 835 ; 2015, c. 293 ; 2017, c. 759 ; 2019, cc. 695 , 696 ; 2020, c. 759 ; 2024, c. 136 ; 2025, cc. 350 , 427 ; 2026, c. 73 .
Va. Code Ann. § 53.1-81 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-81
Construction and operation of regional jail facilities; state reimbursement; agreements with Department
Status: in_force

A. Three or more cities or counties, or any combination thereof, are authorized, pursuant to approval of the Board, to construct, enlarge or renovate a regional jail facility or to enlarge or renovate an existing jail for the purpose of establishing a regional jail facility. In addition, (i) any regional jail facilities established by three or more cities, counties or towns, or any combination thereof, on or before January 31, 1993, (ii) any existing regional jail facilities established by only two cities, counties or towns on or before June 30, 1982, and (iii) any regional jail facilities established by only two contiguous counties whose boundaries are not contiguous by land with the boundaries of any other county in the Commonwealth, may participate under the provisions of this section. On and after December 1, 1989, subject to the provisions of § 53.1-82.2 , the Commonwealth shall reimburse each such locality its pro rata share up to one-half of the capital costs, as defined in § 53.1-82.2 , of such construction, enlargement or renovation in accordance with the provisions of this section if the project was approved by the Governor prior to July 1, 2015, or the project is an enlargement or renovation of a regional jail facility created prior to July 1, 2015, and shall reimburse each such locality its pro rata share up to one-fourth of such capital costs if such project is approved by the Governor on or after July 1, 2015, and has been specifically authorized in the general appropriation act. On or after July 1, 2017, subject to the provisions of § 53.1-82.2 , the Commonwealth shall reimburse each such locality its pro rata share up to one-fourth of the capital costs, as defined in § 53.1-82.2 , for any construction, enlargement or renovation project in accordance with the provisions of this section if such project is approved by the Governor on or after July 1, 2017, and has been specifically authorized in the general appropriation act. However, regional jails created by any combination of three or more cities or counties on or after February 1, 1993, shall not be eligible for such reimbursement unless at least three of the participating localities of such combination were each operating a jail on February 1, 1993. The Board shall promulgate regulations, to include criteria which may be used to assess need and establish priorities, to serve as guidelines in evaluating requests for such reimbursement and to ensure the fair and equitable distribution of state funds provided for such purpose. The Department shall apply such regulations in preparing requests for appropriations. No such reimbursement shall be had unless the plans and specifications, including the need for additional personnel, thereof have been submitted to the Governor and the jail project has been approved by him. The Governor shall base his approval in part on the expected operating cost-efficiency of the interior design of the facility. Such reimbursement shall be paid subject to the provisions of § 53.1-82.2 .

Such counties, cities, towns, or combination thereof may enter into agreements with the Department of Corrections for the Department to operate such jail or to pay the costs of maintenance, upkeep and other operational costs of the jail. Each city, county or town shall, however, bear the expense of local prisoners from such city, county or town. In such case, the Department shall receive such costs from the funds appropriated in the general appropriation act for criminal costs. The method of operation by the Department shall be in the manner it prescribes, notwithstanding any other provision of law designating sheriffs as the keepers of jails.

In lieu of an agreement by the localities with the Board for construction or operation of jail facilities, the Board may agree to sell land owned by the Commonwealth to the localities. The Governor is hereby authorized, at his discretion and upon the advice of the Board, to execute a conveyance of such land in a form approved by the Attorney General.

B. In the event that a county, city or town requests and receives financial assistance for capital costs of such jail project from the Department of Criminal Justice Services or from other public fund sources outside of the provisions of this section, the total financial assistance and reimbursement shall not exceed the total cost of the project.

Code 1950, § 53-133.2; 1970, c. 419; 1972, c. 573; 1974, cc. 44, 45; 1981, c. 380; 1982, c. 636; 1983, c. 358; 1989, c. 423; 1993, cc. 387, 787; 1995, c. 305 ; 2015, c. 749 ; 2017, c. 211 .
Va. Code Ann. § 53.1-133.07 — Virginia Code / Title 53.1 / Chapter 3 / Article 7.1 / Section 53.1-133.07
Treatment of prisoners known to be pregnant
Status: in_force

A. No restraints shall be used on any prisoner known to be pregnant, beginning upon notification or diagnosis by a health care provider about such pregnancy and for the duration of such prisoner's pregnancy, unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, such restraints shall be the least restrictive possible.

B. No restraints shall be used on any prisoner known to be pregnant while such prisoner is in labor or during delivery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, the deputy sheriff or jail officer shall consult with the health care provider treating such prisoner to ensure that such restraints are the least restrictive possible. In such case, the deputy sheriff or jail officer ordering the use of restraints on any prisoner known to be pregnant while in labor or during delivery shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints and what type of restraints were used no later than the conclusion of such deputy sheriff's or jail officer's shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints, containing the justification for restraining such prisoner. If restraints are used on a prisoner as authorized by subsection A or this subsection, such restraints shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints present a threat to the life or health of the prisoner, the fetus, or the newborn child.

C. No employee of a local or regional correctional facility other than a licensed health care provider shall conduct a body cavity search of a prisoner known to be pregnant unless the employee has a reasonable belief that such prisoner is concealing contraband. If an employee conducts such body cavity search of a pregnant prisoner, the employee shall submit a written report to the sheriff or jail superintendent in charge of such correctional facility within 72 hours of such body cavity search and shall include in such report the justification for such body cavity search and what contraband was found, if any.

D. The sheriff or jail superintendent of a local or regional correctional facility shall ensure that prisoners known to be pregnant are provided sufficient food and dietary supplements that meet generally accepted prenatal nutritional guidelines for pregnant people as ordered by a licensed health care provider or such health care provider's staff.

E. A prisoner known to be pregnant shall be assigned to the lowest bed available.

2025, c. 698 .
Va. Code Ann. § 53.1-116.1:02 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-116.1:02
Jailer-issued identification
Status: in_force

Prior to the release or discharge of any prisoner who has been confined for at least 90 days and does not possess a government-issued identification card, birth certificate, and Social Security card, the sheriff, jail superintendent, or other jail administrator shall provide the assistance necessary for such prisoner to apply for and obtain such identification and documents prior to his release or discharge, provided that the sheriff, superintendent, or administrator has or can readily obtain all records and information necessary for their issuance and the prisoner has not declined an offer by the sheriff, superintendent, or administrator to provide such assistance. If the sheriff, jail superintendent, or other jail administrator receives a government-issued identification card, birth certificate, or Social Security card for a prisoner after his release or discharge, the sheriff, superintendent, or administrator shall make reasonable efforts to ensure that the prisoner obtains possession of such identification or document. The sheriff, jail superintendent, or other jail administrator may establish a procedure for securing such identification through the Department of Motor Vehicles. Unless the prisoner has funds in his account to cover all or part of the costs and fees associated with applying for and obtaining any identification or documents pursuant to this section, such costs shall be paid by the jail.

2010, c. 856 ; 2020, cc. 484 , 523 .
Va. Code Ann. § 53.1-178 — Virginia Code / Title 53.1 / Chapter 5 / Article 1 / Section 53.1-178
Director to establish standards
Status: in_force

The Director shall establish minimum standards for the operation of the facilities authorized by § 53.1-177 . The Director shall maintain a list of approved halfway houses.

Code 1950, § 53-128.5; 1968, c. 298; 1974, cc. 44, 45; 1978, c. 492; 1982, c. 636; 2020, c. 759 .
Va. Code Ann. § 53.1-130 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-130
Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty
Status: in_force

No sheriff, jail superintendent, deputy or other jail officer shall have any prisoner work on property owned by him or by his relative, or on projects in which he is interested, nor shall any such prisoner be used for the personal gain or convenience of any sheriff or of any other individual. Any person found guilty of a violation of this section shall be guilty of a Class 1 misdemeanor.

Code 1950, § 53-166; 1970, c. 648; 1982, c. 636; 1991, c. 383.
Va. Code Ann. § 53.1-194 — Virginia Code / Title 53.1 / Chapter 6 / Article 2 / Section 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
Status: in_force

Every person convicted of a felony before October 1, 1942, who had once before been convicted of a felony and regularly discharged from the state corrections system, or who, prior to June 24, 1944, had been returned to a state correctional facility for violating the terms of a conditional pardon, or who had been convicted of a crime while serving his sentence in a state correctional facility, or who had escaped or attempted to escape from a state correctional facility or from a local correctional facility while awaiting trial or transfer to a state correctional facility, shall, for every month he is confined in any state correctional facility after such date, without violating any prison rule or regulation, be allowed a credit of fifteen days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves. Every person convicted of a felony before October 1, 1942, who is returned thereafter to a state correctional facility for violating the terms of a conditional pardon, or who commits a crime while serving his sentence in a state correctional facility, or who escapes or attempts to escape from a state correctional facility, shall, for every twenty days he is held in confinement after his return to a state correctional facility or after the commission of such crime, or after such escape or attempted escape, without violating any prison rule or regulation, be allowed a credit of only ten days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves.

Any credit allowed under the provisions of this section shall also be considered as reducing the term of imprisonment to which the prisoner was or is sentenced for the purpose of determining his eligibility for parole.

So much of an order of any court contrary to the provisions of this section shall be deemed null and void.

Code 1950, § 53-211; 1952, c. 142; 1979, c. 415; 1982, c. 636.
Va. Code Ann. § 53.1-95.12 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.12
Charge for use of services
Status: in_force

An authority created pursuant to this article is hereby authorized to fix, revise, and charge for the use of the service furnished by the project and to contract with any unit or department of government at any level, including cities, counties, towns, authorities, regional jail boards, and the state and federal governments and their respective departments, commissions and agencies, desiring the use of any part thereof, and to fix the terms, conditions, rents, and rates of charges for such use. Such charges shall be so fixed and adjusted in respect to the aggregate of the charges from the project as to provide a fund sufficient with other revenues, if any, to pay (i) the cost of maintaining, repairing, and operating such project and (ii) the principal of and interest on such bonds as the same shall become due and payable and to create reserves for such purposes. The revenues derived from the project, except such part thereof as may be necessary to pay such cost of maintenance, repair, and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.

1990, c. 837.
Va. Code Ann. § 53.1-161 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-161
Arrest and return of parolee; warrant; release pending adjudication of violation
Status: in_force

The Chairman or any member of the Board may at any time upon information or a showing of a violation or a probable violation by any parolee of any of the terms or conditions upon which he was released on parole issue, or cause to be issued, a warrant for the arrest and return of the parolee to the institution from which he was paroled, or to any other correctional facility that may be designated by the Chairman or member. However, a determination of whether a parolee returned to a correctional facility pursuant to this subsection shall be returned to a state or local correctional facility shall be made based on the length of the parolee's original sentence as set forth in § 53.1-20 . Each such warrant shall authorize all officers named therein to arrest and return the parolee to actual custody in the facility from which he was paroled, or to any other facility designated by the Chairman or member.

In any case in which the parolee is charged with the violation of any law, the violation of which caused the issuance of such warrant, upon request of the parolee or his attorney, the Chairman or member shall as soon as practicable consider all the circumstances surrounding the allegations of such violation, including the probability of conviction thereof, and may, after such consideration, release the parolee, pending adjudication of the violation charged.

Code 1950, § 53-258; 1970, c. 648; 1973, c. 253; 1976, c. 45; 1978, c. 227; 1982, c. 636; 1990, cc. 676, 768; 2000, c. 767 ; 2023, c. 618 ; 2025, c. 716 .
Va. Code Ann. § 53.1-20 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-20
Commitment of convicted persons to custody of Director
Status: in_force

A. Every person convicted of a felony committed before January 1, 1995, and sentenced to the Department for a total period of more than two years shall be committed by the court to the custody of the Director of the Department. The Director shall receive all such persons into the state corrections system within sixty days of the date on which the final sentencing order is mailed by certified letter or sent by electronic transmission to the Director by the clerk.

B. Persons convicted of felonies committed on or after January 1, 1995, and sentenced to the Department or sentenced to confinement in jail for a year or more shall be placed in the custody of the Department and received by the Director into the state corrections system within sixty days of the date on which the final sentencing order is mailed by certified letter or sent by electronic transmission to the Director by the clerk.

C. If the Governor finds that the number of prisoners in state facilities poses a threat to public safety, it shall be within the discretion of the Director to determine the priority for receiving prisoners into the state corrections system from local correctional facilities.

D. All felons sentenced to a period of incarceration and not placed in an adult state correctional facility pursuant to this section shall serve their sentences in local correctional facilities which shall not include a secure facility or detention home as defined in § 16.1-228 .

E. Felons committed to the custody of the Department for a new felony offense shall be received by the Director into the state corrections system in accordance with the provisions of this section without any delay for resolution of (i) issues of alleged parole violations set for hearing before the Parole Board or (ii) any other pending parole-related administrative matter.

F. After accounting for safety, security, and operational factors, the Director shall place prisoners who are known primary caretakers of minor children in a facility as close as possible to such children.

Code 1950, §§ 19-270, 19.1-296, 53-21.1; 1960, c. 366; 1966, c. 522; 1970, cc. 67, 648; 1972, c. 145; 1973, c. 330; 1974, cc. 44, 45, 506; 1981, c. 529; 1982, c. 636; 1990, cc. 676, 768; 1993, c. 502; 1994, cc. 128 , 859 , 949 ; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 1997, c. 840 ; 2020, c. 526 .
Va. Code Ann. § 53.1-60 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 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
Status: in_force

A. The Director is authorized to establish work release programs whereby (i) a prisoner who is proficient in any trade or occupation and whom the Director is satisfied is trustworthy, may be approved for employment by private individuals, corporations or state agencies at places of business, or (ii) a prisoner whom the Director is satisfied is trustworthy and capable of receiving substantial benefit from educational and other related community activity programs that are not available within a state correctional facility may attend such programs outside of the correctional facility, without a correctional officer during any hour of the day or night. Such prisoner shall travel directly to, from or be in authorized attendance or employment at such place of business, educational or related community activity program.

B. The Director is authorized to arrange for the temporary care of prisoners who are deemed capable of participation in the programs established herein in approved local or community correctional facilities. The hours of employment or attendance shall be arranged by the Director. In the event of a legally sanctioned strike at the prisoner's place of employment, the prisoner in the work release program shall be withdrawn from the employment for the duration of the strike.

C. The compensation for such employment shall be arranged by the Director and shall be the same as that of regular employees in similar occupations. Any wages earned shall be paid to the Director. The Director shall, in accordance with regulations promulgated by the Director, deduct from such wages, in the following order of priority, an amount to:

1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;

2. Pay any fines, restitution or costs as ordered by the court;

3. Pay travel and other such expenses made necessary by his work release employment or participation in an educational or rehabilitative program, including the sums specified in § 53.1-150 ; and

4. Defray the prisoner's keep.

The balance shall be credited to the prisoner's account or sent to his family in an amount the prisoner so chooses.

D. Any prisoner who has been placed in any of the programs authorized herein shall, while outside the state correctional facility or approved local or community correctional facility to which he is assigned, be deemed to be in custody whether or not he is under the supervision of a correctional officer. If the prisoner, without proper authority or without just cause, leaves the area in which he has been directed to work or to attend educational or community activity programs, or the vehicle or route involved in his traveling to or from such place or program, he may be found guilty of escape as provided for in § 18.2-477 as though he had left the state, local or community correctional facility itself, or, if there are mitigating circumstances or the culpability of the prisoner is minimal, he may be found guilty of a Class 2 misdemeanor.

E. The Director and any sheriff or other administrative head of any local correctional facility are authorized to enter into agreements whereby persons committed to the Department, whether such persons are housed in a state or local correctional facility, and who meet the Department's standards for such release may participate in local work release programs or in educational or other rehabilitative programs operating pursuant to § 53.1-131 . Any person so placed shall be governed by the rules and regulations applicable to local work release programs.

F. The provisions of § 53.1-131 shall apply to any person convicted of a felony but confined in jail pursuant to § 53.1-20 and participating in work, rehabilitation, or education programs.

Code 1950, § 53-38; 1968, c. 152; 1970, c. 114; 1972, c. 55; 1973, c. 114; 1975, c. 322; 1976, cc. 295, 475; 1978, c. 660; 1979, cc. 127, 706; 1981, c. 634; 1982, c. 636; 1984, c. 516; 1985, c. 488; 1988, c. 397; 1990, cc. 107, 676, 768; 1994, c. 487 ; 2020, c. 759 .
Va. Code Ann. § 53.1-264 — Virginia Code / Title 53.1 / Chapter 15 / Section 53.1-264
Application of certain criminal law to contractor-operated facilities
Status: in_force

All provisions of law establishing penalties for offenses committed against custodians of inmates, correctional officers, prison guards, or jail officers shall apply mutatis mutandis to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.

1991, c. 705; 1992, c. 654.
Va. Code Ann. § 53.1-59 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-59
Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards
Status: in_force

The Director is authorized to enter into agreements with the proper authorities of any state agency, county, city, town, local commission or nonprofit civic organization in the Commonwealth to build and maintain roads and streets and to perform such other public works as he may approve. The state agency, county, town, city, local commission or nonprofit civic organization for which such work is performed may be required to pay to the Department in monthly installments such sum as is necessary to cover the costs of work done by such prisoners at the rate specified in the agreement authorized by § 53.1-57 .

The state agency, county, town, city, local commission or nonprofit civic organization that has the use of prison labor authorized by this section shall designate the projects to be worked. It may be required to furnish all engineering service, tools, implements, machinery and equipment used in such projects; shall secure rights-of-way; and shall furnish such foremen as the Director deems necessary and acceptable to direct the work. The Director may authorize such persons employed as foremen to carry firearms in accordance with § 53.1-29 .

Fifteen days prior to a prisoner's participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, written notice of the prisoner's participation. Such notice shall include the name, address and criminal history of the prisoner in addition to other information the chief of police or such officer may request. A copy of such notice shall be provided to the attorney for the Commonwealth and the governing body where the work is to be performed. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). When notice has been requested in accordance with § 53.1-133.02 , the Director shall provide notice to the victim that the prisoner has been assigned to a facility where the prisoner may participate in supervised work programs established pursuant to this section.

Code 1950, § 53-122.1; 1962, c. 370; 1970, c. 648; 1982, c. 636; 1989, c. 652; 1991, c. 412; 1996, cc. 703 , 726 .
Va. Code Ann. § 53.1-105 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-105
County and city regional jail or jail farm; persons who may be confined; release and transfer of prisoners
Status: in_force

Any combination of two or more counties or cities may establish, maintain and operate a regional jail or jail farm. Any person convicted and sentenced to confinement in the jail or jail farm of such county or city or sentenced to a state correctional facility may be confined in a regional jail farm and required to do work as may be assigned him during the term of his sentence. Any regional jail may be used to hold or confine any person who could lawfully be held or confined in a jail operated and maintained separately.

Subject to the provisions of § 53.1-113 and in the absence of private transportation arranged by the prisoner, any prisoner, after having completed a term of incarceration and upon release from a regional jail operated within Planning District Four or Planning District Five, shall be transported by such regional jail to the locality where the prisoner was arrested or convicted.

Code 1950, § 53-206.1; 1956, c. 681; 1970, c. 648; 1974, c. 553; 1979, c. 700; 1982, c. 636; 1999, c. 990 ; 2010, c. 547 .
Va. Code Ann. § 53.1-116.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-116.1
Jailer to give notice of release of certain prisoners
Status: in_force

A. Prior to the release or discharge of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the sheriff, jail superintendent or other jail administrator shall give notice to the prisoner of his duty to register with the State Police. A person required to register shall register, submit to be photographed as part of the registration, and provide information regarding place of employment, if available, to the sheriff, jail superintendent or other jail administrator. The sheriff, jail superintendent or other jail administrator shall also obtain from that person all necessary registration information, including fingerprints and photographs of a type and kind approved by the Department of State Police; inform the person of his duties regarding reregistration and change of address; and inform the person of his duty to register. The sheriff, jail superintendent or other jail administrator shall forthwith forward the registration information to the Department of State Police on the date of the prisoner's release.

B. Whenever a person required to register has failed to comply with the provisions of subsection A, the sheriff, jail superintendent or other jail administrator shall promptly investigate or request the State Police to promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person was discharged. The sheriff, jail superintendent or other jail administrator shall notify the State Police forthwith of such actions taken pursuant to this section.

C. The sheriff, jail superintendent, or other jail administrator shall notify the State Police immediately upon discovering the escape of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.

1994, c. 362 ; 1997, c. 747 ; 2003, c. 584 ; 2006, cc. 857 , 914 ; 2010, c. 858 .
Va. Code Ann. § 53.1-179 — Virginia Code / Title 53.1 / Chapter 5 / Article 1 / Section 53.1-179
Purchase of services authorized
Status: in_force

The Director may purchase temporary room and board and training, counseling and rehabilitation services for probationers and parolees whom the Director deems to be in need of and eligible for such benefits and services. Implementation of this provision shall conform with the requirements of all locally-adopted zoning regulations.

Code 1950, § 53-128.6; 1968, c. 298; 1974, cc. 44, 45; 1978, c. 492; 1982, c. 636; 2020, c. 759 .
Va. Code Ann. § 53.1-212 — Virginia Code / Title 53.1 / Chapter 8 / Section 53.1-212
Cooperation in enforcement
Status: in_force

All courts, departments, agencies, officers and employees of this Commonwealth and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

Code 1950, § 53-304.3; 1970, c. 407; 1982, c. 636.
Va. Code Ann. § 53.1-102 — Virginia Code / Title 53.1 / Chapter 3 / Article 4 / Section 53.1-102
Sending prisoners to other farms
Status: in_force

Any county or city that has no farm may enter into an agreement with some county or city maintaining a farm to receive and work all persons liable to confinement on such terms and conditions as to the payment of board, medical expenses and clothing as may be mutually agreed upon by the two governing bodies.

Code 1950, § 53-202; 1982, c. 636.
Va. Code Ann. § 53.1-124 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-124
Sheriffs and jail superintendents to report to the courts
Status: in_force

A. If requested by the judge, the sheriffs of all local jails and the jail superintendents of all regional jails of this Commonwealth shall, on the first day of each term of the circuit court, make written reports to the judge thereof, to the attorney for the Commonwealth, and to city attorneys whose duties include prosecuting certain cases, showing the number of prisoners in jail on that day. The report shall show the name, date of commitment, offense and sentence of each prisoner. The judge of such court, after examining the report, shall enter an order directing the clerk to file the same in the clerk's office of such court.

B. If requested by the chief judge of the circuit court, general district court or juvenile and domestic relations district court, the sheriffs of all local jails and the jail superintendents of all regional jails of the Commonwealth shall report semimonthly to the circuit court, general district court, and juvenile and domestic relations district court, to the attorney for the Commonwealth, and to the public defender, if any, as established in Article 3.1 (§ 19.2-163.01 et seq.) of Chapter 10 of Title 19.2, showing the number of prisoners in jail on that day awaiting trial. The report shall include the name, offense, date of commitment to jail, and amount of bail established.

C. If requested by the judge, the sheriffs of all local jails and the jail superintendents of all regional jails shall report weekly to the juvenile and domestic relations district court located within that county, city or region concerning the identity and number of juveniles kept in their jails and the length of time such juveniles have been incarcerated therein.

Code 1950, § 53-172; 1976, c. 248; 1982, c. 636; 1990, c. 934; 1991, cc. 218, 383; 2004, cc. 884 , 921 .
Va. Code Ann. § 53.1-101 — Virginia Code / Title 53.1 / Chapter 3 / Article 4 / Section 53.1-101
Work by prisoners
Status: in_force

All prisoners convicted and sentenced or transferred to a farm shall be required to work on the farm, unless for good cause shown, the court sentencing and committing such prisoners shall order otherwise.

Code 1950, § 53-201; 1970, c. 648; 1079, c. 700; 1982, c. 636.
Va. Code Ann. § 53.1-82.2 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-82.2
Method of reimbursement; involvement of the Treasury Board
Status: in_force

A. Reimbursements by the Commonwealth to localities or regional jail authorities for a portion of the capital costs of a jail project, made pursuant to §§ 53.1-80 , 53.1-81 , 53.1-82 , or § 53.1-95.19 may be effected by one of the following methods:

1. In one lump sum payment to be made upon completion of the project, for minor renovation projects, or two equal lump sum payments, one such payment to be made upon certification that the construction, enlargement or renovation is fifty percent complete and the second such payment to be made upon completion of the project, such payments to be paid by the State Treasurer out of funds appropriated to the Department of Corrections;

2. Over a specified period of time through a contractual agreement entered into by the Treasury Board and approved by the Governor, on behalf of the Commonwealth, and the locality, localities or regional authority or other combination of localities undertaking a jail project, such payments to be paid by the State Treasurer out of funds appropriated to the Treasury Board; or

3. In one lump sum payment to be made upon completion of the project by the Virginia Public Building Authority pursuant to § 2.2-2263 , including the Commonwealth's share of the interest costs expended by the locality or regional jail authority for financing such project during the period from fifty percent completion of construction to final completion of construction.

B. The General Assembly shall have the sole authority to determine whether reimbursement will be made pursuant to subdivision A 1, A 2, or A 3. The Department of Planning and Budget, after consulting with the Treasury Board, shall evaluate all proposed jail projects and make recommendations to the Governor regarding the method of reimbursement for inclusion in his biennial budget.

C. Any contract for reimbursement over a specified period of time entered into pursuant to subdivision A 2 shall include the following:

1. The Commonwealth shall reimburse a portion of financing costs as provided in subsection E below;

2. The Commonwealth's reimbursement payments shall be subject to appropriation;

3. In the event that the jail project is financed through an issuance of securities, the Commonwealth's reimbursement payments shall be calculated using the coupon interest rates received by the locality or jail authority at the time the securities for the project are sold and shall be made pursuant to a schedule to be set forth in the contract;

4. In the event that a jail project is financed through an issuance of securities, and coupon interest rates are not available due to the structure of the securities, the Treasury Board is authorized to make such adjustments as are necessary and reasonable to calculate the Commonwealth's payments;

5. In the event that the jail project is financed through a method other than the issuance of securities, the Commonwealth's payment shall include interest payments based on an interest rate assumption equal to the prevailing AA rate for tax-exempt bonds issued by the Commonwealth or agencies thereof, or the actual rate achieved, whichever is lower, and the schedule for the Commonwealth's reimbursement payments shall be set forth in the contract; and

6. Such other terms and conditions as are necessary to specify the structure of the Commonwealth's participation in project financing and as may be required by guidelines established by the Treasury Board.

Reimbursement to localities pursuant to this section shall be available without regard to the security level of the facility constructed, enlarged or renovated, provided such facility satisfies applicable standards established by the Board pursuant to § 53.1-68 .

D. For purposes of this article, "capital costs" includes, but is not limited to, actual construction costs, costs of land acquisition, if the land purchased is used exclusively for siting a jail facility, architectural and engineering fees, and fixed equipment. "Capital costs" does not include administrative costs nor a financial advisor's, an investment banker's, or attorneys' fees incurred by local governments or, except in the case of minimum security facilities, loose equipment or furnishings.

E. For purposes of this article, "financing costs" means the total of all costs incurred by the locality, localities or regional authority or other combination of localities as are deemed reasonable and necessary by the Treasury Board to execute the financing of the Commonwealth's payment of capital costs and to fund such funds and accounts as the Treasury Board determines to be reasonable and necessary.

1993, cc. 387, 787; 1995, c. 305 ; 1996, c. 835 .
Va. Code Ann. § 53.1-222 — Virginia Code / Title 53.1 / Chapter 11 / Section 53.1-222
Powers and liabilities of committee; prosecution and defense of suits to which prisoner is party
Status: in_force

A committee appointed pursuant to § 53.1-221 may sue and be sued in respect to all claims or demands of every nature in favor of or against such prisoner and against any of the prisoner's estate. All actions or suits to which the prisoner is a party at the time of his conviction shall be prosecuted or defended, as the case may be, by such committee after ten days' notice of the pendency thereof, which notice shall be given by the clerk of the court in which the same are pending.

Code 1950, § 53-307; 1980, c. 504; 1982, c. 636.
Va. Code Ann. § 53.1-14 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-14
Repealed
Status: repealed

Repealed by Acts 1984, c. 734.
Va. Code Ann. § 53.1-95.9 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.9
Acquisition of interests in land
Status: in_force

An authority created pursuant to this article is hereby authorized and empowered to acquire by gift or by lease or purchase solely from funds provided under the provisions of this article such lands, structures, property, rights, rights-of-way, franchises, easements, and other interests in lands as it may deem necessary or convenient for the construction and operation of the project upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof.

All public agencies and the commissions of the Commonwealth, with the approval of the Governor, are hereby authorized and empowered to lease, lend, grant, or convey to an authority created pursuant to this article at its request, upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court, or other action or formality, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real property already devoted to public use.

Title to any property acquired by an authority created pursuant to this article shall be taken in the name of the authority.

1990, c. 837.
Va. Code Ann. § 53.1-33 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-33
Physical examination of prisoner; ability to work
Status: in_force

Each person received by the Department shall be examined by a licensed physician, licensed nurse practitioner, or licensed physician assistant upon his arrival, within 30 days prior to any work assignment in food services, medical services, or cosmetological services or a change in work assignment, and at such other times thereafter as may be deemed necessary. The work that a prisoner is required to do shall be dependent upon the report of the physician, nurse practitioner, or physician assistant as to his physical and mental capacity.

The warden, in consultation with the physician, may exclude prisoners, on a case-by-case basis, from work assignments based upon the classification of the institution and the safety and good order of the institution. Special consideration should be used in assigning any inmate with an infectious disease to assignments in food services, medical services, and cosmetological services.

Code 1950, § 53-47; 1970, c. 630; 1979, c. 700; 1982, c. 636; 2007, c. 591 ; 2024, c. 193 .
Va. Code Ann. § 53.1-40.9 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.1 / Section 53.1-40.9
Civil admission proceeding prior to release
Status: in_force

A prisoner whose release from the custody of the Department of Corrections is imminent and who may have a mental illness and be in need of hospitalization or treatment may be the subject of an involuntary admission proceeding under §§ 37.2-814 through 37.2-819 within 15 days prior to his anticipated release date, and any order entered in such proceedings shall be effective upon the release of the prisoner from the Department of Corrections. If a commitment hearing for involuntary admission under §§ 37.2-814 through 37.2-819 is combined for hearing or is heard on the same day with either a commitment hearing under § 53.1-40.2 or a proceeding under § 53.1-40.1 , or both, only one fee shall be allowed for the special justice or district court substitute judge conducting these proceedings and only one fee shall be allowed for the attorney representing the prisoner in these proceedings.

1990, c. 221; 2005, c. 716 .
Va. Code Ann. § 53.1-204 — Virginia Code / Title 53.1 / Chapter 7 / Article 1 / Section 53.1-204
If prisoner commits any other felony, how punished
Status: in_force

If a prisoner in a state, local or community correctional facility or in the custody of an employee thereof commits any felony other than those specified in §§ 18.2-31 , 18.2-55 and 53.1-203 , which is punishable by confinement in a state correctional facility, such prisoner shall be subject to the same punishment therefor as if he were not a prisoner.

Code 1950, § 53-294; 1970, c. 648; 1975, c. 588; 1982, c. 636; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 53.1-67.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 5 / Section 53.1-67.1
Repealed
Status: repealed

Repealed by Acts 2019, c. 618 , cl. 2
Va. Code Ann. § 53.1-95.6 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.6
Governing body
Status: in_force

The powers of the authority shall be exercised by a governing body established in the manner provided in § 53.1-106 .

1990, c. 837.
Va. Code Ann. § 53.1-17.4 — Virginia Code / Title 53.1 / Chapter 1 / Article 4 / Section 53.1-17.4
Access to facilities and records
Status: in_force

A. The Office shall have reasonable access, upon request in person or in writing and with or without prior notice, to all Department facilities, including all areas that are used by inmates, all areas that are accessible to inmates, and to programs for inmates, at reasonable times, which at a minimum shall include normal working and visiting hours. This authority includes the opportunity to conduct an interview with any inmate, Department employee or contractor, or other person. This access is to (i) provide information about individual rights and the services available from the Office, including the name, address, and telephone number of the Office facilities or staff; (ii) conduct official inspections as defined in § 53.1-17.6 ; (iii) conduct an official investigation as provided in § 53.1-17.7 ; and (iv) inspect, view, photograph, and record by video all areas of the facility that are used by inmates or are accessible to inmates. However, Committee members may not visit incarcerated family members outside of Department visitation policies and procedures. The Office shall preserve the confidentiality of any information obtained from the Department in accordance with applicable state and federal laws.

B. Access to inmates includes the opportunity to meet and communicate privately and confidentially with individuals regularly, with or without prior notice, both formally and informally, by telephone, mail, and electronic communication and in person. In the case of communications with inmates, these communications shall not be monitored by, recorded by, or conducted in the presence of employees or contractors of the Department. Meetings with inmates may be recorded by members of the Office at their discretion and with the inmate's consent. Any such recordings are subject to the provisions of § 53.1-17.5 .

C. The Office shall provide a statewide toll-free telephone number, website, and mailing address for the receipt of complaints and inquiries.

D. The Office shall have the right to access, inspect, and copy all relevant information, records, or documents in the possession or control of the Department, with the exception of confidential employee files, that the Office considers necessary in an investigation of a complaint filed under this article, and the Department shall assist the Office in obtaining the necessary releases for those documents that are specifically restricted or privileged for use by the Office. The Office shall preserve the confidentiality of any information obtained from the Department in accordance with applicable state and federal laws.

E. Access to Department employees or contractors includes the opportunity to meet and communicate privately and confidentially with individuals during inspections or normal working hours, with or without prior notice, both formally and informally, by telephone, mail, and electronic communication and in person. Meetings with Department employees or contractors may be recorded by members of the Office at their discretion and with the individual's consent.

F. The Office shall have the power to issue a subpoena to the Department for records, documents, or data in the Department's possession, and for Department staff, contractors, or representatives to appear and provide information to the Office. Subpoenas so issued shall be served and, upon application to the court by the Office, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action. Department employees may have counsel or a representative from their employee organization present during testimony.

G. Following notification from the Office of a written request for access to Department records, the designated Department staff shall provide the Office with access to the requested documentation not later than 20 days after receipt of the written request. If the records requested pertain to (i) an inmate death; (ii) threats of bodily harm, including sexual or physical assaults; or (iii) the denial of necessary medical treatment, the records shall be provided within five days unless the Office consents to an extension.

H. The Office shall work with the Department to minimize disruption to operations of the Department due to an investigation by the Office. The Office shall comply with the Department security processes, provided these processes do not impede the investigation or resulting activities of the Office.

2024, cc. 392 , 393 .
Va. Code Ann. § 53.1-1.1 — Virginia Code / Title 53.1 / Chapter 1 / Article 1 / Section 53.1-1.1
Telephone systems within correctional facilities
Status: in_force

The Department shall offer debit or prepaid telephone systems, in addition to any existing collect calling systems, which allow telephone calls to be placed to the telephone number or numbers on an approved call list. Such telephone systems shall be established with the lowest available rates. The maximum number of telephone numbers permitted on an approved call list shall be no fewer than 20. The Department shall not receive any commission from such telephone systems.

2005, c. 612 ; 2024, c. 455 .
Va. Code Ann. § 53.1-95.23 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.23
Repealed
Status: repealed

Repealed by Acts 2015, c. 709 , cl. 2.
Va. Code Ann. § 53.1-174 — Virginia Code / Title 53.1 / Chapter 4 / Article 5 / Section 53.1-174
Preliminary hearings by other states
Status: in_force

In any case in which any person placed on parole or postrelease period of supervision by Virginia is present in another state, if such person is not present in such other state pursuant to the provisions of Article 6 (§ 53.1-176.1 et seq.) of Chapter 4 of this title, upon request by the compact administrator of Virginia or his designee, the appropriate judicial or administrative authorities of such other state in which such person is present, having jurisdiction to conduct preliminary hearings to determine probable cause for violation of conditions of parole or postrelease period of supervision, shall cause to be conducted a preliminary hearing to determine probable cause for violation of conditions of parole. Such preliminary hearing shall be substantially similar to the hearing provided for in §§ 53.1-168 through 53.1-172 . A decision thereon shall be conclusive and shall not be reviewable within or by Virginia.

Code 1950, § 53-290.8; 1975, c. 39; 1977, c. 106; 1982, c. 636; 2000, c. 767 ; 2004, c. 407 .
Va. Code Ann. § 53.1-45.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-45.1
Work programs; agreements with other entities
Status: in_force

A. The Director, with the prior approval of the Governor, may enter into an agreement with a public or private entity to operate a work program in a state correctional facility for prisoners confined therein.

B. Articles produced or manufactured and services provided by prisoners participating in such a program may be purchased as provided in § 53.1-47 and may be bought, sold or acquired by exchange on the open market through the participating public or private entity.

C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order of priority, an amount to:

1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;

2. Pay any fines, restitution or costs as ordered by the court; and

3. Defray a portion of the prisoner's keep.

The balance shall be credited to the prisoner's account in accordance with § 53.1-42 .

1993, cc. 464, 488; 1996, cc. 284 , 368 ; 2003, cc. 94 , 854 .
Va. Code Ann. § 53.1-159 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-159
Mandatory release on parole
Status: in_force

Every person who is sentenced and committed under the laws of the Commonwealth to the Department of Corrections or as provided for in §§ 19.2-308.1 , 53.1-152 or § 53.1-153 shall be released on parole by the Virginia Parole Board six months prior to his date of final release. Each person so sentenced or committed, however, shall serve a minimum of three months of his sentence prior to such a release. Persons who are so released on parole shall be subject to a minimum of six months' supervision and an additional period of parole ending on the date upon which the parolee would have served the maximum term of confinement, or any period the Board otherwise deems appropriate in accordance with § 53.1-156 . Such persons shall also be subject, for the entire period of parole fixed by the Board, to such terms and conditions prescribed by the Board in accordance with § 53.1-157 .

Notwithstanding the provisions of the preceding paragraph, if within thirty days of a release scheduled pursuant to this section, new information is presented to the Board which gives the Board reasonable cause to believe that the release poses a clear and present danger to the life or physical safety of any person, the Board may delay the release for up to six months to investigate the matter and to refer it to law-enforcement, mental health or other appropriate authorities for investigation and any other appropriate action by such authorities.

No person released on parole pursuant to § 53.1-136 , and whose parole is subsequently revoked, shall be released on parole pursuant to this section until at least six months have elapsed from the date of the decision revoking his parole. No person released on parole pursuant to this section, whose parole is subsequently revoked, shall thereafter be released on parole pursuant to this section. Final discharge may be extended to require the prisoner to serve the full portion of the term imposed by the sentencing court which was unexpired when the prisoner was released on parole.

For purposes of this section, (i) "maximum term of confinement" means the maximum term of incarceration established by law as punishment for the offense, (ii) "mandatory release date" means that date which is six months prior to the scheduled date of release and takes into consideration good conduct credits, and (iii) "final discharge" and "discharge from parole" mean that a prisoner is released from confinement having satisfied the full term imposed by the sentencing court without regard to good conduct credit. Nothing contained herein shall be construed to create a right or entitlement to parole.

Code 1950, § 53-251.3; 1979, c. 415; 1981, cc. 20, 392; 1982, c. 636; 1985, c. 175; 1987, c. 668; 1991, c. 410; 1994, c. 894 .
Va. Code Ann. § 53.1-220.2 — Virginia Code / Title 53.1 / Chapter 10 / Section 53.1-220.2
Transfer of certain incarcerated persons to Immigration and Customs Enforcement
Status: in_force

The Director, sheriff, or other official in charge of the facility in which an alien is incarcerated may, upon receipt of a detainer from U.S. Immigration and Customs Enforcement, transfer custody of the alien to U.S. Immigration and Customs Enforcement no more than five days prior to the date that he would otherwise be released from custody. Upon transfer of custody, notwithstanding any other provision of law, the alien shall receive credit for the number of days remaining before he would otherwise have been released.

2015, cc. 102 , 211 .
Va. Code Ann. § 53.1-116.3 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-116.3
Improper release; capias, arrest and hearing
Status: in_force

The sheriff or jail superintendent or his designee, upon the discovery of an improper release or discharge of a prisoner from custody, shall report such release or discharge to the sentencing court. The court shall then for good cause shown issue a capias for the arrest of the prisoner which may be executed by any duly sworn jail officer or law-enforcement officer. Such capias shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the original release or discharge was made improperly, the prisoner shall be returned to the jail facility from which he was released or discharged.

1997, c. 127 .
Va. Code Ann. § 53.1-40.10 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.1 / Section 53.1-40.10
Exchange of medical and mental health information and records
Status: in_force

A. Whenever a person is committed to a state correctional facility, the following shall be entitled to obtain medical and mental health information and records concerning such person from a health care provider, even when such person does not provide consent or consent is not readily obtainable:

1. The person in charge of the facility, or his designee, when such information and records are necessary (i) for the provision of health care to the person committed, (ii) to protect the health and safety of the person committed or other residents or staff of the facility, or (iii) to maintain the security and safety of the facility. Such information and records may be exchanged among administrative personnel for the facility in which the person is imprisoned as necessary to maintain the security and safety of the facility, its employees, or other prisoners. The information exchanged shall continue to be confidential and disclosure shall be limited to that necessary to ensure the security and safety of the facility.

2. Members of the Parole Board, as specified in § 53.1-138 , in order to conduct the investigation required under § 53.1-155 .

3. Probation and parole officers for use in parole and probation planning, release, and supervision.

4. Officials within the Department for the purpose of formulating recommendations for treatment and rehabilitative programs; classification, security and work assignments; and determining the necessity for medical, dental, and mental health care, treatment, and programs.

5. Medical and mental health hospitals and facilities, both public and private, including community services boards, for use in planning for and supervision of post-incarceration medical and mental health care, treatment, and programs.

6. The Department for Aging and Rehabilitative Services, the Department of Medical Assistance Services, the Department of Social Services, and any local department of social services in the Commonwealth for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services.

B. Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. § 2.11 et seq., shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in § 32.1-36.1 .

C. The release of medical and mental health information and records to any other agency or individual shall be subject to all regulations promulgated by the Department that govern confidentiality of such records. Medical and mental health information concerning a prisoner that has been exchanged pursuant to this section may be used only as provided herein and shall otherwise remain confidential and protected from disclosure.

D. The Department shall develop policies to improve the exchange of medical and mental health information and records of persons committed to a state correctional facility, including policies to improve access to electronic health records and electronic exchange of information and records for the provision of telemedicine and telepsychiatry.

1991, c. 597; 2013, cc. 164 , 235 ; 2018, c. 165 ; 2019, cc. 202 , 827 ; 2025, cc. 316 , 317 .
Va. Code Ann. § 53.1-202.3 — Virginia Code / Title 53.1 / Chapter 6 / Article 4 / Section 53.1-202.3
Rate at which sentence credits may be earned; prerequisites
Status: in_force

A. A maximum of 4.5 sentence credits may be earned for each 30 days served on a sentence for a conviction for any offense of:

1. A Class 1 felony;

2. Solicitation to commit murder under § 18.2-29 or any violation of § 18.2-32 , 18.2-32.1 , 18.2-32.2 , or 18.2-33 ;

3. Any violation of § 18.2-40 or 18.2-45 ;

4. Any violation of subsection A of § 18.2-46.5 , of subsection D of § 18.2-46.5 if the death of any person results from providing any material support, or of subsection A of § 18.2-46.6 ;

5. Any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2;

6. Any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, any violation of § 18.2-51.6 or 18.2-51.7 , or any felony violation of § 18.2-57.2 ;

7. Any felony violation of § 18.2-60.3 ;

8. Any felony violation of § 16.1-253.2 or 18.2-60.4 ;

9. Robbery under § 18.2-58 or carjacking under § 18.2-58.1 ;

10. Criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;

11. Any violation of § 18.2-90 ;

12. Any violation of § 18.2-289 or subsection A of § 18.2-300 ;

13. Any felony offense in Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title 18.2;

14. Any felony offense in Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2, except for a violation of § 18.2-362 or subsection B or C of § 18.2-371.1 ;

15. Any felony offense in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, except for a violation of subsection A of § 18.2-374.1:1 ;

16. Any violation of subsection F of § 3.2-6570 , any felony violation of § 18.2-128 , or any violation of § 18.2-481 , 37.2-917 , 37.2-918 , 40.1-100.2 , or 40.1-103 ; or

17. A second or subsequent violation of the following offenses, in any combination, when such offenses were not part of a common act, transaction, or scheme and such person has been at liberty as defined in § 53.1-151 between each conviction:

a. Any felony violation of § 3.2-6571 ;

b. Voluntary manslaughter under Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;

c. Any violation of § 18.2-41 or felony violation of § 18.2-42.1 ;

d. Any violation of subsection B, C, or D of § 18.2-46.5 or § 18.2-46.7 ;

e. Any violation of § 18.2-51 when done unlawfully but not maliciously, § 18.2-51.1 when done unlawfully but not maliciously, or § 18.2-54.1 or 18.2-54.2 ;

f. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-79 ;

g. Any violation of § 18.2-89 or 18.2-92 ;

h. Any violation of subsection A of § 18.2-374.1:1 ;

i. Any violation of § 18.2-423 , 18.2-423.01 , 18.2-423.1 , 18.2-423.2 , or 18.2-433.2 ; or

j. Any violation of subdivision F 2 of § 40.1-29 .

The earning of sentence credits shall be conditioned, in part, upon full participation in and cooperation with programs to which a person is assigned pursuant to § 53.1-32.1 .

B. For any offense other than those enumerated in subsection A for which sentence credits may be earned, earned sentence credits shall be awarded and calculated using the following four-level classification system:

1. Level I. For persons receiving Level I sentence credits, 15 days shall be deducted from the person's sentence for every 30 days served. Level I sentence credits shall be awarded to persons who participate in and cooperate with all programs to which the person is assigned pursuant to § 53.1-32.1 and who have no more than one minor correctional infraction and no serious correctional infractions as established by the Department's policies or procedures.

2. Level II. For persons receiving Level II sentence credits, 7.5 days shall be deducted from the person's sentence for every 30 days served. Level II sentence credits shall be awarded to persons who participate in and cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to § 53.1-32.1 , but who require improvement in not more than one area as established by the Department's policies or procedures.

3. Level III. For persons receiving Level III sentence credits, 3.5 days shall be deducted from the person's sentence for every 30 days served. Level III sentence credits shall be awarded to persons who participate in and cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to § 53.1-32.1 , but who require significant improvement in two or more areas as established by the Department's policies or procedures.

4. Level IV. No sentence credits shall be awarded to persons classified in Level IV. A person will be classified in Level IV if that person willfully fails to participate in or cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to § 53.1-32.1 or that person causes substantial security or operational problems at the correctional facility as established by the Department's policies or procedures.

C. A person's classification level under subsection B shall be reviewed at least once annually, and the classification level may be adjusted based upon that person's participation in and cooperation with programs, job assignments, and educational curriculums assigned pursuant to § 53.1-32.1 . A person's classification and calculation of earned sentence credits shall not be lowered or withheld due to a lack of programming, educational, or employment opportunities at the correctional facility at which the person is confined. Records from this review, including an explanation of the reasons why a person's classification level was or was not adjusted, shall be maintained in the person's correctional file.

D. A person's classification level under subsection B may be immediately reviewed and adjusted following removal from a program, job assignment, or educational curriculum that was assigned pursuant to § 53.1-32.1 for disciplinary or noncompliance reasons.

E. A person may appeal a reclassification determination under subsection C or D in the manner set forth in the grievance procedure established by the Director pursuant to his powers and duties as set forth in § 53.1-10 .

F. For a juvenile sentenced to serve a portion of his sentence as a serious juvenile offender under § 16.1-285.1 , consideration for earning sentence credits shall be conditioned, in part, upon full participation in and cooperation with programs afforded to the juvenile during that portion of the sentence. The Department of Juvenile Justice shall provide a report that describes the juvenile's adherence to the facility's rules and the juvenile's progress toward treatment goals and objectives while sentenced as a serious juvenile offender under § 16.1-285.1 .

G. Notwithstanding any other provision of law, no portion of any sentence credits earned shall be applied to reduce the period of time a person must serve before becoming eligible for parole upon any sentence.

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2008, c. 517 ; 2020, Sp. Sess. I, cc. 50 , 52 ; 2021, Sp. Sess. I, c. 389 ; 2024, cc. 161 , 162 ; 2026, c. 1040 .
Va. Code Ann. § 53.1-54 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-54
Charges and catalogue; annual estimates of requirements by departments, etc
Status: in_force

A. The Director shall establish charges for articles produced or manufactured and services provided by prison labor that will, in his judgment, defray the administration, operation and maintenance costs and make allowances for depreciation, return on capital and contingencies.

B. A catalogue shall be prepared by the Department on a periodic basis which describes all articles and supplies manufactured and produced by persons confined in state correctional facilities. Copies of the catalogue shall be sent to all departments, institutions and agencies of the Commonwealth mandated to purchase such articles and supplies. At least thirty days before the commencement of each fiscal year, the proper official of each department, institution and agency of the Commonwealth shall report to the Division of Purchases and Supply estimates of the kinds and amounts of articles and supplies required by it for the ensuing year. Such estimates shall refer to the catalogue issued by the Director insofar as the articles and supplies indicated are included within the catalogue.

Code 1950, §§ 53-62, 53-73; 1958, c. 124; 1970, c. 648; 1982, c. 636.
Va. Code Ann. § 53.1-49 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-49
Evasion by variance from specifications of Director
Status: in_force

No department, institution or agency of the Commonwealth shall be allowed to evade the intent and meaning of §§ 53.1-47 and 53.1-48 by slight variations from specifications adopted by the Division of Purchases and Supply of the Department of General Services pursuant to § 2.2-1112 , when the articles produced or manufactured in accordance with specifications of the Department are reasonably adapted to the actual needs of the department, institution or agency.

Code 1950, § 53-70; 1982, cc. 636, 647.
Va. Code Ann. § 53.1-231.1 — Virginia Code / Title 53.1 / Chapter 12.1 / Section 53.1-231.1
(For contingent repeal date, see Acts 2026, cc. 992 and 1081, cl. 3) Process for notification regarding restoration of civil rights
Status: in_force

The Director of the Department of Corrections shall provide that any person convicted of a felony is notified of the loss of his civil rights and of the processes to apply for restoration of civil rights and of voting rights. The notice shall be given at the time the person has completed service of his sentence, period of probation or parole, or suspension of sentence.

The Director shall assist the Secretary of the Commonwealth in the administration of the process established by the Governor for the review of applications for restoration of civil rights.

To promote the efficient processing of applications to the Governor, the Secretary of the Commonwealth shall maintain a record of the applications for restoration of rights received, the dates such applications are received, and the dates they are either granted or denied by the Governor. The Secretary shall notify each applicant who has filed a complete application that the complete application has been received and the date the complete application was forwarded by the Secretary to the Governor. Such complete application shall be forwarded by the Secretary to the Governor within ninety days after receipt of the application.

2000, c. 969 ; 2002, c. 344 ; 2026, cc. 992 , 1081 .
Va. Code Ann. § 53.1-232 — Virginia Code / Title 53.1 / Chapter 13 / Section 53.1-232
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, cc. 344 and 345 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 53.1-164 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-164
Procedure for return of parolee
Status: in_force

When any parolee is returned to any facility in accordance with the provisions of § 53.1-161 , he shall be held in accordance with rules of the Director and subject to further action of the Board. The officer in charge of the facility shall see that the Board is notified promptly of each such parolee's return.

Code 1950, § 53-261; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636; 2000, c. 767 ; 2020, c. 759 ; 2025, c. 716 .
Va. Code Ann. § 53.1-154.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-154.1
(Effective until July 1, 2027) Authority of Director to recommend parole review; release upon review
Status: in_force

The Director is authorized to determine those prisoners who may be suitable parole risks and whose interests and those of society will be served by their early parole release and to recommend such prisoners to the Parole Board for early parole consideration. In making such recommendation, the Director shall take into account the prisoner's criminal history record, mental and physical condition, employability, institutional adjustment and such other factors as may be appropriate, including the risk of violence to others. The case of any such prisoner so recommended may be reviewed by the Parole Board prior to such prisoner's date of eligibility for parole. Upon appropriate review the Parole Board may release on parole prior to the date of eligibility for parole any prisoner so recommended by the Director. However, no prisoner shall be released until he has served at least one-fourth of the term of imprisonment imposed, or until he has served twelve years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve years, except as such time is reduced by any other provision of law.

This section shall have no application to persons not eligible for parole pursuant to subsections B, B1 and E of § 53.1-151 .

1983, c. 378; 2020, c. 759 .
Va. Code Ann. § 53.1-155.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-155.1
Participation in residential community program prior to final release
Status: in_force

The Department may give nonviolent prisoners who have not been convicted of a violent crime and who have been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a residential community program, work release, or a community-based program approved by the Secretary of Public Safety and Homeland Security within six months of such prisoner's projected or mandatory release date. The Secretary shall prescribe guidelines to govern the residential community programs, work release, or community-based programs.

Any wages earned pursuant to this section by a prisoner may be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of such wages shall be made for the following purposes:

1. To pay an amount to defray the cost of his keep;

2. To pay travel and other such expenses made necessary by his work release, employment, or participation in a residential community program or a community-based program;

3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance as defined in § 63.2-100 ; or

4. To pay any fines, restitution, or costs as ordered by the court.

Any balance at the end of his sentence shall be paid to the prisoner upon his release.

2003, c. 850 ; 2014, cc. 115 , 490 .
Va. Code Ann. § 53.1-230 — Virginia Code / Title 53.1 / Chapter 12 / Section 53.1-230
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, cc. 344 and 345 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 53.1-163 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-163
Parolee considered as escapee after issuance of warrant
Status: in_force

Any parolee for whose arrest a warrant has been issued by the Board or by the Chairman shall after the issuance of the warrant be treated as an escaped prisoner. The time from the issuing of such warrant to the date of his arrest shall not be counted as any part of the time to be served under his sentence.

Code 1950, § 53-260; 1970, c. 648; 1973, c. 253; 1982, c. 636.
Va. Code Ann. § 53.1-31.2 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-31.2
Notification of child support due by a prisoner
Status: in_force

The Department of Corrections shall cooperate with the Division of Child Support Enforcement to provide at regular intervals, but at least annually, a list of persons incarcerated. Upon receipt of such list, the Division shall identify those prisoners who are the subject of a court or administrative order requiring them to pay child support and the amount of each prisoner's obligation. The Division shall then inform the Department of the prisoners owing child support payments and the Department may inform the prisoner upon his reentry the amount of his arrearage.

2008, c. 763 .
Va. Code Ann. § 53.1-133.2 — Virginia Code / Title 53.1 / Chapter 3 / Article 8 / Section 53.1-133.2
Establishment of jail industry programs
Status: in_force

The sheriff or jail superintendent operating a local correctional facility, with the approval of the local governing body, jail farm board, or regional jail or jail farm board or regional jail authority, as the case may be, is authorized to establish a jail industry program within the facility he administers or on public property or works owned, leased or operated by the county, city, town or federal government, whether the same be located within such county, city or town or elsewhere. If elsewhere, the governing body of the locality where the proposed jail industry program is to be established shall approve the location of the program. Any such program shall be subject to the provisions of this article and shall not be established, operated, maintained or otherwise supported by state funds except as provided in § 53.1-133.6 .

1992, c. 859; 1995, c. 756 .
Va. Code Ann. § 53.1-65 — Virginia Code / Title 53.1 / Chapter 2 / Article 4 / Section 53.1-65
Consideration of report developed at diagnostic facilities
Status: in_force

The Department shall give careful consideration to the report developed at the diagnostic facilities established under § 53.1-64 in determining whether persons committed to it under the provisions of § 19.2-311 et seq., are to be confined at a youthful offender facility or elsewhere in the state corrections system.

Code 1950, § 53-128.3; 1966, c. 482; 1982, c. 636.
Va. Code Ann. § 53.1-95.20 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.20
Duty to prescribe rules and regulations
Status: in_force

It shall be the duty of an authority created pursuant to this article to prescribe rules and regulations, not inconsistent with standards of the State Board of Local and Regional Jails, for the operation of the project or projects constructed under the provisions of this article.

1990, c. 837; 2020, c. 759 .
Va. Code Ann. § 53.1-160 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-160
Notice to be given upon prisoner release, escape, etc
Status: in_force

A. Prior to the release or discharge of any prisoner, the Department shall have notice of the release or discharge delivered by first-class mail or by electronic means to the court that committed the person to the Department of Corrections and to the sheriff, chief of police, and attorney for the Commonwealth (i) of the jurisdiction in which the offense occurred, (ii) of the jurisdiction in which the person resided prior to conviction, and (iii), if different from clauses (i) and (ii), of the jurisdiction in which the person intends to reside subsequent to being released or discharged. Such notice shall include, but not be limited to, identification of the specific offense or offenses for which the prisoner had been sentenced, the term or terms of imprisonment imposed, and the date the prisoner was committed to the Department of Corrections.

The Department shall (a) have notice of the release or discharge of any prisoner delivered by first-class mail 15 days prior to any such occurrence, or by telephone if notice by first-class mail cannot be delivered 15 days prior to the occurrence; (b) give notice as soon as practicable following the transfer of any prisoner to a jail facility, a different prison facility, or any other correctional or detention facility by first-class mail or telephone; (c) give notice as soon as practicable by telephone upon the escape of a prisoner; and (d) give notice as soon as practicable by first-class mail upon the change of a prisoner's name, to any victim, as defined in § 19.2-11.01 , of the offense for which the prisoner was incarcerated or to any person designated in writing by the victim. Notice shall be given using the address and telephone number provided by the victim. For the purposes of this section, "prisoner" means a person sentenced to serve more than 30 days of incarceration or detention.

B. Fifteen days prior to the release of any prisoner to an authorized work release program or release to attend a business, educational or other related community program, the Department shall give notice to (i) the attorney for the Commonwealth, (ii) the chief law-enforcement officer of the jurisdiction in which the work on release will be performed or attendance at an authorized program will be permitted, and (iii) any victim, as defined in § 19.2-11.01 , of the offense for which the prisoner was incarcerated or any person designated in writing by the victim at the address or phone number provided by the victim.

Every notice to the attorney for the Commonwealth or to the chief law-enforcement officer shall include the name, address, and criminal history of the participating prisoner, and other information upon request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

C. Notification under this section may be provided to a victim as defined in § 19.2-11.01 through the Virginia Statewide VINE (Victim Information and Notification Everyday) System or other similar electronic or automated system.

No civil liability shall attach for the failure to give notice as provided in this section.

Code 1950, § 53-265.1; 1980, c. 515; 1982, c. 636; 1984, c. 155; 1989, cc. 525, 652; 1993, c. 189; 1995, c. 687 ; 2007, cc. 94 , 109 ; 2013, cc. 162 , 209 ; 2015, c. 101 .
Va. Code Ann. § 53.1-22 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-22
Misdemeanant suspected of having contagious disease
Status: in_force

Whenever any court shall have reason to believe that a person convicted by it of a misdemeanor who is sentenced to serve time in a local correctional facility is afflicted with any contagious or infectious disease dangerous to the public health, the court shall have such person examined by a licensed physician or licensed advanced practice registered nurse. If the examination reveals the person is afflicted with such disease, the court may commit the person directly to the Department.

Code 1950, § 53-89; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636; 2004, c. 855 ; 2023, c. 183 .
Va. Code Ann. § 53.1-95.8:1 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.8:1
Handling of funds for regional correctional facility; county or city treasurer or director of finance as fiscal agent
Status: in_force

Any authority constituted pursuant to the provisions of this article or Article 1.1 (§ 53.1-71.1 et seq.) may appoint as its fiscal agent the treasurer of a county or city which is a member of the authority, or in the case of member jurisdictions where there is no treasurer, the director of finance. No treasurer or director of finance shall be appointed as fiscal agent without their concurrence. In the event such treasurer or director of finance is appointed, all disbursements on behalf of the authority shall be by warrant signed by the chairman of the authority or his designee and countersigned by such treasurer or director of finance as fiscal agent. For his services as fiscal agent, a treasurer or director of finance thus appointed may be paid such salary supplement and reimbursed such expenses as may be agreed upon by the board of the authority and the treasurer or director of finance. Such salary supplement and expenses shall be borne exclusively by the authority and not by the Compensation Board.

1996, c. 623 .
Va. Code Ann. § 53.1-67 — Virginia Code / Title 53.1 / Chapter 2 / Article 4 / Section 53.1-67
Admission to facility; good conduct allowance restricted
Status: in_force

In no case shall a person previously confined in a youthful offender facility, whether for a different or the same offense, be confined again in such a facility, except for the purposes of study, testing and diagnosis.

The provisions of §§ 53.1-191 , 53.1-196 , and 53.1-198 through 53.1-201 relating to good conduct credits and allowances and extraordinary service and the provisions of § 53.1-187 relating to credit for time served in a correctional facility or juvenile detention facility shall not apply to persons sentenced to an indeterminate sentence under § 19.2-311 for a crime committed on or after July 1, 1983. Acts performed by such persons which would earn credit for them under § 53.1-191 , if it were applicable, shall be noted on their record by the authorities of the facility.

Code 1950, § 53-128.5; 1966, c. 482; 1982, c. 636; 1983, c. 606; 1984, c. 313; 1990, c. 701.
Va. Code Ann. § 53.1-40.4 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.1 / Section 53.1-40.4
Appeal of order authorizing involuntary admission
Status: in_force

A. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall have the right to appeal such order to the circuit court in the jurisdiction wherein the prisoner is located. The decision of the circuit court shall be final with no further right of appeal.

B. Such appeal must be filed within ten days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding the provisions of § 19.2-241 providing time within which the court shall set criminal cases for trial. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the circuit court.

C. No appeal bond or writ tax shall be required and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 53.1-40.8 .

D. The appeal to the circuit court shall be heard de novo. An order continuing the commitment shall be entered only if the criteria in § 53.1-40.2 are met at the time the appeal is heard. The prisoner so committed shall be entitled to trial by jury. Seven persons from a panel of thirteen shall constitute a jury in such cases.

E. If such prisoner is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee as provided in § 37.2-821 . The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.

1988, c. 873; 1994, c. 211 .
Va. Code Ann. § 53.1-40.3 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.1 / Section 53.1-40.3
Place of hearing or proceeding
Status: in_force

Any hearing held by a court pursuant to § 53.1-40.1 or 53.1-40.2 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place which may be made available by the Director and approved by the judge. Nothing herein shall be construed as prohibiting holding the hearing on the grounds of a state or local correctional facility or a hospital or facility for the care and treatment of individuals with mental illness.

1988, c. 873; 2012, cc. 476 , 507 .
Va. Code Ann. § 53.1-134.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-134.1
Board decisions; voting requirements
Status: in_force

In the case of a person serving life imprisonment for murder of the first degree pursuant to § 18.2-32 , the final deliberation and vote of whether to grant such person parole shall be attended by a panel of four or more members of the Board. In all other cases, the final deliberation and vote shall be attended by a panel of no fewer than three members of the Board. The Board shall promulgate rules to ensure that such members are randomly assigned to panels and to serve on an equal number of panels, as is reasonably possible.

A decision to grant discretionary parole shall require the concurrence of a majority of members present for the final deliberation and vote, except that in cases of a person serving life imprisonment for murder of the first degree pursuant to § 18.2-32 , a decision to grant discretionary parole shall require the concurrence of four or more of the members present for the final deliberation and vote.

2024, c. 458 ; 2025, c. 716 .
Va. Code Ann. § 53.1-35.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-35.1
Electronic visitation and messaging with inmates
Status: in_force

The Director is authorized to prescribe reasonable rules regarding electronic visitation systems or electronic messaging systems, including Voice-over-Internet Protocol technology and web-based communication systems, for communication between prisoners and third parties and collection of a fee for the system utilized. Any state correctional facility that utilizes such systems shall establish such systems using the lowest available rates. Any state correctional facility that utilizes such systems shall establish such system allowing for the security needs of the facility. Any state correctional facility that utilizes such system (i) shall not prohibit in-person visitation and (ii) shall not receive any commission for installation or operation of the system. The Department may temporarily limit the use of this system during periods of heightened security or emergencies.

This section does not apply to telephonic communication systems or to electronic video and audio communication systems used in judicial proceedings.

2018, c. 66 ; 2024, c. 455 .