Va. Code Ann. § 53.1-139 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-139
Powers and duties of Chairman
Status: in_force

In addition to other powers and duties prescribed by law, the Chairman of the Board shall:

1. Preside at all meetings of the Board; cause the keeping of minutes of its proceedings and all other records required by law or by the Board incident to its functions, powers and duties;

2. Exercise supervision for the Board through probation and parole officers over prisoners released on conditional pardon as the Governor may require;

3. Sign for the Board its approval of annual reports, evaluations, requests, plans, budgets and other similar documents prepared for the Governor, other departments, and other entities; and

4. Serve as spokesman for the Board unless the Board designates another.

Code 1950, §§ 53-241, 53-265; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1982, c. 636; 1984, c. 734; 1988, c. 823; 1992, c. 144.
Va. Code Ann. § 53.1-24 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-24
Record of convictions and register to be kept
Status: in_force

The Director shall file and preserve a copy of the judgment furnished by the clerk of the court of conviction of each prisoner and keep a register describing the term of his confinement, for what offense, and when received into a state correctional facility. The Director may dispose of these records with the consent of The Library of Virginia in accordance with retention regulations for records maintained by the Department established under the Virginia Public Records Act (§ 42.1-76 et seq.).

Code 1950, § 53-24; 1982, c. 636; 1994, c. 64 ; 2020, c. 759 .
Va. Code Ann. § 53.1-186 — Virginia Code / Title 53.1 / Chapter 6 / Article 1 / Section 53.1-186
Term commences from date of final judgment; exceptions
Status: in_force

The term of confinement in a local or state correctional facility for the commission of a crime shall commence and be computed from the date of the final judgment, which, in case of an appeal, shall be that of the refusal of a writ of error or the affirmance of the judgment. When it is ordered that two or more terms of confinement run concurrently, then such terms of confinement shall commence and be computed from the time the first of such terms of confinement commenced.

For the purpose of determining allowances for good conduct, the term of confinement of a person convicted of a felony and sentenced to the Department whose sentence is partially suspended shall be that portion of the sentence which was not suspended.

Code 1950, §§ 53-207, 53-272; 1954, c. 141; 1956, c. 342; 1958, c. 468; 1962, c. 327; 1976, c. 145; 1982, c. 636.
Va. Code Ann. § 53.1-67.5 — Virginia Code / Title 53.1 / Chapter 2 / Article 6 / Section 53.1-67.5
Director to prescribe standards
Status: in_force

The Director shall prescribe standards for the development, implementation, operation, and evaluation of programs, services and facilities authorized by this article. The Director shall also prescribe guidelines for the transfer of offenders from a state or local correctional facility who the Director has determined should be placed in programs or facilities authorized under this article.

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2020, c. 759 .
Va. Code Ann. § 53.1-170 — Virginia Code / Title 53.1 / Chapter 4 / Article 5 / Section 53.1-170
Rights of parolee or probationer at hearing
Status: in_force

With respect to any hearing held pursuant to this article, the parolee or probationer:

1. Shall have reasonable notice in writing of the nature and content of the allegations made, including notice that its purpose is to determine whether there is probable cause to believe that he has committed a violation of a condition of parole or probation;

2. Shall be permitted to consult with any persons whose assistance he reasonably desires, prior to the hearing;

3. Shall have the right to confront and examine any person who has made allegations or given evidence against him, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person;

4. May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions.

Code 1950, § 53-290.3; 1975, c. 39; 1982, c. 636.
Va. Code Ann. § 53.1-31.4 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-31.4
Government-issued identification; Department of Corrections-issued identification
Status: in_force

A. Prior to the release or discharge into the community of any prisoner who has been confined for at least 90 days and does not possess a government-issued identification card, birth certificate, or social security card, the Department shall, in conjunction with the Department of Motor Vehicles, the State Registrar of Vital Records, and any other relevant government agency, provide such prisoner with a certified copy of his birth certificate, his social security card, or a government-issued identification card unless such provision of a government-issued identification card is not possible, in which case, the Department shall provide the prisoner with a Department of Corrections Offender Identification form. The form shall include (i) a photograph of the prisoner; (ii) the prisoner's full name; (iii) the prisoner's date of birth; (iv) the address of the facility in which the prisoner resided at the time of his release or discharge; (v) the prisoner's release address; and (vi) if available, the prisoner's citizenship or legal presence in the United States and social security number. Such form shall be verified by the Department and provided to the Department of Motor Vehicles in a secured format and by a means mutually agreed upon by the Department and the Department of Motor Vehicles and shall, subject to procedures established pursuant to subsection B, serve as proof of identity and proof of Virginia residency and may serve as proof of legal presence in the United States or proof of a social security number, if one is available, as required to obtain a government-issued identification card for the 120 days immediately following the release or discharge of the prisoner identified on such form. If the Department receives a government-issued identification card, birth certificate, or social security card for a prisoner after his release or discharge, the Department shall forward such identification or document to the former prisoner. Unless the prisoner is determined to be indigent pursuant to § 19.2-159 , all costs and fees associated with applying for and obtaining any identification or documents pursuant to this section shall be paid by the prisoner.

For the purposes of this section, "government-issued identification card" does not include a REAL ID credential.

B. The Department and the Department of Motor Vehicles shall cooperatively establish procedures for verifying a Department of Corrections Offender Identification form and all information contained therein. The Department of Motor Vehicles shall not accept a Department of Corrections Offender Identification form if the form or any of the information contained on the form cannot be verified.

2020, cc. 484 , 523 ; 2025, c. 656 .
Va. Code Ann. § 53.1-17.5 — Virginia Code / Title 53.1 / Chapter 1 / Article 4 / Section 53.1-17.5
Communications; confidentiality
Status: in_force

A. Unless otherwise part of the public record, the following records shall be kept confidential from the general public and not subject to the Freedom of Information Act (§ 2.2-3700 et seq.):

1. Complaints received by the Office, as well as statements, documentation, and other evidence received or maintained by the Office or its agents in connection with complaints made to or investigations undertaken pursuant to the Office's powers under §§ 53.1-17.6 and 53.1-17.7 , including the identities of recipients of Ombudsman services, complainants, and individuals from whom information is acquired.

2. Photographs or video recordings taken within a Department facility pursuant to subsection A of § 53.1-17.4 , if the Office determines that such photographs or video recordings contain information that is not otherwise publicly available and their dissemination to the public would jeopardize the safety or security of inmates or employees of the Department, or they can be used to identify inmates.

3. Personal identifying information about corrections staff received during the course of an investigation.

B. The Office shall establish rules and procedures to ensure the confidentiality of such information gathered and maintained by the Office. The Office shall not reveal to (i) Department employees or contractors or (ii) other inmates the identity of a complainant before, during, or after an investigation to the greatest extent practicable, except as is necessary to effectively carry out an investigation.

C. Notwithstanding anything else in this section, the Office shall disclose information as needed to prevent reasonably certain death or substantial bodily harm.

D. The Office shall keep confidential all matters under investigation, including the identities of recipients of Ombudsman services, complainants, and individuals from whom information is acquired, unless disclosure is necessary for the performance of its duties. If the Office receives personal identifying information about corrections staff during the course of an investigation that is unnecessary or unrelated to the subject of the investigation or related recommendation, the Office shall not further disclose such information. Prior to the disclosure of any such information, the Office shall provide notice to the applicable staff person and the Director.

E. Upon receipt of information that is confidential or privileged, the Office shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law or as authorized by this section.

2024, cc. 392 , 393 .
Va. Code Ann. § 53.1-95.24 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.24
Inconsistent laws inapplicable
Status: in_force

All other general or special laws inconsistent with any provision of this article are hereby declared to be inapplicable to the provisions of this article.

1990, c. 837.
Va. Code Ann. § 53.1-119 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-119
Court duties of sheriff
Status: in_force

The sheriff shall provide officers to attend the courts within his jurisdiction while such courts are in session as the respective judges may require. The sheriff, or the superintendent of a regional jail or jail farm, shall receive into the jail facility all persons committed by the order of such courts, or under process issuing therefrom, and all persons committed by any other lawful authority.

Code 1950, § 53-162; 1982, c. 636; 1995, c. 112 .
Va. Code Ann. § 53.1-95.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-95.1
Limits on state expenditures
Status: in_force

The Governor may withhold approval for state expenditures, by reimbursement or otherwise, for the purposes set out in this article as provided in the current general appropriation act.

1986, c. 394.
Va. Code Ann. § 53.1-32.01 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-32.01
Payment for bodily injury
Status: in_force

The Director is authorized to establish administrative procedures for recovering from an inmate the cost for medical treatment of a bodily injury that is inflicted intentionally on any person by the inmate. Such administrative procedures shall ensure that the inmate is afforded due process.

1997, c. 125 ; 2020, c. 759 .
Va. Code Ann. § 53.1-139.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-139.1
Repealed
Status: repealed

Repealed by Acts 1992, c. 144.
Va. Code Ann. § 53.1-95.18 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.18
Design-build contracts
Status: in_force

An authority created pursuant to this article may enter into a contract for a jail on a fixed price or not-to-exceed price design-build basis or construction management basis in accordance with procedures consistent with those described in the Virginia Public Procurement Act (§ 2.2-4300 et seq.) for procurement of nonprofessional services through competitive negotiation. The authority may authorize payment to no more than three responsive bidders who are not awarded the design-build contract if the authority determines that such payment is necessary to promote competition. The authority shall not be required to award a design-build contract to the lowest bidder but may consider price as one factor in evaluating the proposals received. The authority shall maintain adequate records to allow post-project evaluation by the Commonwealth.

1990, c. 837.
Va. Code Ann. § 53.1-166 — Virginia Code / Title 53.1 / Chapter 4 / Article 4 / Section 53.1-166
Governor to execute compact
Status: in_force

The Governor is authorized and directed to execute a compact governing the out-of-state supervision of parolees on behalf of the Commonwealth of Virginia with any state or states of the United States legally joining therein.

Code 1950, § 53-288; 1982, c. 636.
Va. Code Ann. § 53.1-30 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-30
Who may enter interior of state correctional facilities; searches of those entering
Status: in_force

A. The Governor and members of the General Assembly may go into the interior of any state correctional facility. Attorneys shall be permitted in the interior of a state correctional facility to confer with prisoners who are their clients and with prisoners who are witnesses in cases in which they are involved. The Director shall prescribe the time and conditions on which attorneys and other persons may enter any state correctional facility.

B. The Department shall promulgate a policy to assist a person who was a victim of a crime committed by an offender incarcerated in any state correctional facility to visit with such offender. Such policy may include provisions necessary to preserve the safety and security of those at such visit and the good order of the facility, including consideration of the offender's security level, crime committed, and institutional behavior of the offender. The Department shall make whatever arrangements are necessary to effectuate such a visit. This subsection shall not apply to juvenile victims.

C. Any person seeking to enter the interior of any state correctional facility shall be subject to a search of his person and effects, as provided in § 53.1-1.2 . Such search shall be performed in a manner reasonable under the circumstances and may be a condition precedent to entering a correctional facility. However, no child under the age of 18 shall be strip searched or subjected to a search of any body cavity under any circumstances.

D. The Department may not permanently ban any person, or insinuate that any person will be permanently banned, from seeking entrance to a state correctional facility on the basis of such person's refusal to consent to a strip search or a search of any body cavity when such person is seeking to enter the interior of any state correctional facility. If a person refuses to consent to a strip search or a search of any body cavity when such person is seeking to enter the interior of any state correctional facility, the Department may deny such person entry to the facility, unless otherwise provided by law, but may not deny such person any future entry on the basis of a prior refusal to consent.

Code 1950, § 53-60.1; 1970, c. 648; 1978, c. 306; 1982, c. 636; 2010, c. 844 ; 2020, cc. 759 , 1170 , 1181 .
Va. Code Ann. § 53.1-31 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-31
Sale or lease of gas, oil, or minerals
Status: in_force

The Director is empowered to make and execute contracts, easements and leases in the name of the Commonwealth for the removal or mining of gas, oil or any valuable minerals that may be found in any real estate, title of which is vested in the Department, whenever it appears to the Department that it will be in the best interest of the Commonwealth to make such disposition of such gas, oil or minerals. Before a contract, easement or lease is made, the same shall be approved by the Governor, and any contract, easement or lease shall be approved as to form by the Attorney General.

Bids therefor shall be received after notice by publication once a week for four successive weeks in at least two newspapers of general circulation. The Director shall have the right to reject any or all bids and to readvertise for bids. The accepted bidder shall give bond with good and sufficient surety to the satisfaction of the Director and in such amount as he may fix for the faithful performance of all the conditions and covenants of such contract, easement or lease.

Each such contract, easement or lease may be for a period not exceeding five years, may include the right to renew the same for an additional period not exceeding five years each and shall specify the rent royalties and other terms deemed expedient and proper. Such contracts, easements and leases may, in addition to any other rights, authorize the grantees and lessees to prospect for and take from the real estate oil, gas and such other minerals as are therein specified. No such contract, easement or lease shall in any way affect or interfere with the orderly operation of any state correctional facility. All rents or royalties collected from such contracts, easements or leases shall be paid into the state treasury to the credit of the general fund.

Code 1950, § 53-19.38:1; 1978, c. 474; 1982, c. 636; 1984, c. 734; 1989, c. 733; 2020, c. 759 .
Va. Code Ann. § 53.1-133.08 — Virginia Code / Title 53.1 / Chapter 3 / Article 7.1 / Section 53.1-133.08
Treatment of prisoners during postpartum recovery
Status: in_force

A. No restraints shall be used on any prisoner who is in postpartum recovery 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 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 justification for restraining the prisoner. If restraints are used on a prisoner as authorized by 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.

B. Following the delivery of a newborn child by a prisoner, the sheriff or jail superintendent shall permit the newborn child to remain with the mother until discharge from the health care facility 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.

2025, c. 698 .
Va. Code Ann. § 53.1-265 — Virginia Code / Title 53.1 / Chapter 15 / Section 53.1-265
Powers and duties not delegable to contractor
Status: in_force

No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility of the Director to a prison contractor for any of the following:

1. Developing and implementing procedures for calculating inmate release and parole eligibility dates;

2. Developing and implementing procedures for calculating and awarding sentence credits;

3. Approving inmates for furlough and work release;

4. Approving the type of work inmates may perform and the wages or sentence credits that may be given the inmates engaging in such work;

5. Granting, denying, or revoking sentence credits;

6. Classifying inmates or placing inmates in less restrictive custody or more restrictive custody;

7. Transferring an inmate; however, the contractor may make written recommendations regarding the transfer of an inmate or inmates;

8. Formulating rules of inmate behavior, violations of which may subject inmates to sanctions; however, the contractor may propose such rules to the Director for his review and adoption, rejection, or modification as otherwise provided by law or regulation;

9. Disciplining inmates in any manner that requires a discretionary application of rules of inmate behavior or a discretionary imposition of a sanction for violations of such rules; and

10. Operating a prison facility, including management, custody of inmates, or provision of security; however, the contractor may operate a prison facility, including management, custody of inmates, or provision of security, upon approval by the General Assembly.

1991, c. 705; 1992, c. 654; 1995, c. 694 ; 2025, c. 337 .
Va. Code Ann. § 53.1-229 — Virginia Code / Title 53.1 / Chapter 12 / Section 53.1-229
Powers vested in Governor
Status: in_force

In accordance with the provisions of Article V, Section 12 of the Constitution of Virginia, the power to grant pardons or reprieves is vested in the Governor.

Code 1950, § 53-228; 1970, c. 648; 1982, c. 636; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 53.1-67.3 — Virginia Code / Title 53.1 / Chapter 2 / Article 6 / Section 53.1-67.3
Establishment of system
Status: in_force

The Director shall establish a statewide community-based system of programs, services and residential and nonresidential facilities for (i) those state-responsible offenders convicted of felonies and sentenced to alternative forms of punishment and (ii) those state-responsible offenders who the Director has determined, after a period of incarceration in a state or local correctional facility, require less secure confinement or a lower level of supervision. Facilities established pursuant to this article may be partially or completely physically restrictive with varying levels and types of offender control.

1994, 2nd Sp. Sess., cc. 1 , 2 .
Va. Code Ann. § 53.1-190 — Virginia Code / Title 53.1 / Chapter 6 / Article 1 / Section 53.1-190
Allowance on discharge; transportation; clothing
Status: in_force

The Director, upon the release of a prisoner who has served at least eight months, shall give the prisoner all funds accumulated to his credit pursuant to §§ 53.1-42 and 53.1-43 and not withdrawn by him. In the event such funds do not total twenty-five dollars, the Director may add sufficient money from the appropriation to the Department to enable the prisoner to have a minimum of twenty-five dollars available for withdrawal by him at the time of his release. The Director also may provide such person upon his request with transportation to the county or city where he was committed, or to such other point in the Commonwealth as may be approved by the Director. Such person may also be furnished suitable clothing.

Code 1950, § 53-219; 1964, c. 421; 1970, c. 648; 1982, c. 636.
Va. Code Ann. § 53.1-75 — Virginia Code / Title 53.1 / Chapter 3 / Article 2 / Section 53.1-75
Procedure after adoption
Status: in_force

The keeper of any jail so adopted for a county or city so designated shall, as to the person so conveyed to such jail, be deemed the jailer of such county or city, until the court thereof shall declare its own jail to be adequate. Thereafter, such persons shall be delivered to the sheriff of such county or city who shall convey them to the jail kept by the sheriff or jail superintendent.

Code 1950, § 53-141; 1982, c. 636; 1991, c. 383.
Va. Code Ann. § 53.1-156 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-156
Period of parole; not counted as part of term
Status: in_force

The period of parole which shall be fixed by the Board may be greater than the unserved portion of the sentence actually imposed upon the paroled prisoner by the court or jury which fixed his sentence. It shall not exceed, however, the difference between the time actually served in confinement by the paroled prisoner, without regard to good conduct credit, and the maximum term established by law as punishment for the offense or offenses of which the prisoner was convicted. The time during which a parolee is at large on parole shall not be counted as service of any part of the term of imprisonment for which he was sentenced upon his conviction.

Code 1950, §§ 53-255, 53-256; 1982, c. 636; 1987, c. 668.
Va. Code Ann. § 53.1-38 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-38
When ineligible for furloughs
Status: in_force

Any prisoner who is convicted of a felony included within the provisions of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 or arson, burglary or robbery committed while on administrative furlough, shall, after conviction therefor, be ineligible for further furlough during the remainder of the sentence or sentences imposed upon him prior to furlough.

Code 1950, § 53-37.2; 1976, c. 210; 1982, c. 636.
Va. Code Ann. § 53.1-23.2 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-23.2
Department to give notice of the receipt of certain prisoners
Status: in_force

A. At the time of receipt 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 Department shall obtain from that person all necessary registration information, including fingerprints and photographs of a type and kind approved by the Department of State Police. A person required to register shall register and submit to be photographed as part of the registration. The Department shall forthwith forward the registration information and photograph to the Department of State Police on the date of the receipt of the prisoner.

B. Whenever a person required to register has failed to comply with the provisions of subsection A, the Department shall promptly investigate or request the State Police 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 received. The Department shall notify the State Police forthwith of such actions taken pursuant to this section.

2006, cc. 857 , 914 .
Va. Code Ann. § 53.1-261 — Virginia Code / Title 53.1 / Chapter 15 / Section 53.1-261
Definitions
Status: in_force

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

"Correctional services" means the following functions, services, and activities when provided within a prison or otherwise:

1. Food services, commissary, medical services, transportation, sanitation, or other ancillary services;

2. Development and implementation assistance for classification, management information systems, or other information systems or services;

3. Education, training, and employment programs;

4. Recreational, religious, and other activities; and

5. Counseling, special treatment programs, or other programs for special needs.

"Prison" or "facility" or "prison facility" means any institution operated by or under authority of the Department and shall include, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means, any physical betterment or improvement related to the housing of inmates or any preliminary plans, studies, or surveys relative thereto; land or rights to land; and any furnishings, machines, vehicles, apparatus, or equipment for use in connection with any prison facility.

"Prison contractor" or "contractor" means any entity, including a local government, entering into or offering or proposing to enter into a contractual agreement to provide any correctional services to inmates under the custody of the Commonwealth or federal inmates under the custody of the prison contractor, while in the Commonwealth of Virginia.

1991, c. 705; 1992, c. 654; 1995, c. 694 ; 1996, c. 632 ; 2007, c. 394 ; 2025, c. 337 .
Va. Code Ann. § 53.1-71.6 — Virginia Code / Title 53.1 / Chapter 3 / Article 1.1 / Section 53.1-71.6
State reimbursement to localities
Status: in_force

A. Reimbursement to participating localities for the cost of construction shall be made pursuant to Article 3 (§ 53.1-80 et seq.) of Chapter 3 of Title 53.1.

B. The manner of state payment to the localities for the care and custody costs at the facility of persons accused or convicted of any offense against the laws of the Commonwealth shall be as provided in the general appropriation act. Such payments shall include only the reasonable costs of guarding and providing necessary housing, maintenance, administrative expenses, food, clothing, medicine and medical attention for such prisoners. However, in no event shall the payment to the localities, when calculated on a per diem per prisoner basis, exceed the total cost ordinarily paid by the Commonwealth to a locality for prisoner care and custody expenses, when calculated on a per diem per prisoner basis.

1994, c. 715 .
Va. Code Ann. § 53.1-133.01 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-133.01
Medical treatment for prisoners
Status: in_force

Any sheriff or superintendent may establish a medical treatment program for prisoners in which prisoners participate and pay towards a portion of the costs thereof. The State Board of Local and Regional Jails shall develop a model plan and promulgate regulations for such program, and shall provide assistance, if requested, to the sheriff or superintendent in the implementation of a program.

1994, c. 694 ; 2020, c. 759 .
Va. Code Ann. § 53.1-133.01:1 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-133.01:1
Payment for bodily injury
Status: in_force

Each jail superintendent or sheriff who operates a correctional facility is authorized to establish administrative procedures according to regulations promulgated by the Board for recovering from an inmate the cost for medical treatment of a physical injury that is inflicted intentionally on any person, including the inmate himself, by the inmate. Such administrative procedures shall ensure that the inmate is afforded due process.

1997, c. 125 ; 2003, cc. 928 , 1019 .
Va. Code Ann. § 53.1-116.1:01 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-116.1:01
Jailer to give notice of intake of certain prisoners
Status: in_force

A. At the time of intake 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 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. A person required to register shall register, and submit to be photographed as part of the registration. 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 intake.

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 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.

2006, cc. 857 , 914 .
Va. Code Ann. § 53.1-217 — Virginia Code / Title 53.1 / Chapter 9 / Section 53.1-217
Authority of Director
Status: in_force

The Director is authorized and directed to do all things necessary and incidental to the carrying out of the compact in every particular. He may in his discretion delegate this authority to some other appropriate official.

Code 1950, § 53-304.10; 1977, c. 339; 1982, c. 636.
Va. Code Ann. § 53.1-67.9 — Virginia Code / Title 53.1 / Chapter 2 / Article 9 / Section 53.1-67.9
Establishment of community corrections alternative program; supervision upon completion
Status: in_force

The Department is authorized to establish and maintain a system of residential community corrections alternative facilities for probationers and parolees whose identified risks and needs cannot be addressed by conventional probation or parole supervision and who are committed to the Department under § 19.2-316.4 . The program shall include components for providing access to counseling, substance abuse testing and treatment, remedial education, and career and occupational assessment; providing assistance in securing and maintaining employment; ensuring compliance with terms and conditions of probation or parole; ensuring restitution and performance of community service; payment of fines, if any, and costs of court; and providing other programs that will assist the probationer or parolee in returning to society as a productive citizen. The Department shall perform risk and needs assessments to establish a case plan for each probationer or parolee determining the appropriate program components and program duration for that probationer or parolee.

Upon completion of the program, the probationer or parolee shall be released from confinement and remain on probation or parole for a period of one year or for such other longer period as may be specified by the sentencing court or Parole Board. As a condition of such probation or parole following the community corrections alternative component, a probationer's or parolee's successful participation in employment, career and technical education, or other educational or treatment programs may be required.

Probation officers assigned to the program shall be authorized by the judges of the circuit court of the county or city in which the position is assigned. Any officer so appointed shall have the same powers and duties as specified in § 53.1-145 , and such appointment shall be valid in any judicial circuit in the Commonwealth.

2019, c. 618 .
Va. Code Ann. § 53.1-127.4 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-127.4
Repealed
Status: repealed

Repealed by Acts 2020, cc. 740 and 741 , cl. 2.
Va. Code Ann. § 53.1-213 — Virginia Code / Title 53.1 / Chapter 8 / Section 53.1-213
Escape of person in custody pursuant to detainer
Status: in_force

Any person who is in the custody of an officer of this Commonwealth pursuant to a detainer issued in accordance with this chapter and who escapes from such custody shall be guilty of a felony and punished by confinement in a state correctional facility for not less than one nor more than five years.

Code 1950, § 53-304.5; 1970, c. 407; 1982, c. 636.
Va. Code Ann. § 53.1-117 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-117
Violations of rules to be recorded in register
Status: in_force

Every time any prisoner in jail is guilty of a violation of the rules so prescribed, the name of the prisoner, the rules which he has violated and the time when each violation occurred shall be recorded in a register provided for that purpose.

Code 1950, § 53-152; 1982, c. 636.
Va. Code Ann. § 53.1-71.3 — Virginia Code / Title 53.1 / Chapter 3 / Article 1.1 / Section 53.1-71.3
Application of certain criminal laws to contractor-operated facilities
Status: in_force

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

1994, c. 715 .
Va. Code Ann. § 53.1-141 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-141
Division into probation and parole districts
Status: in_force

The Director of the Department shall divide the Commonwealth into as many separate probation and parole districts as he deems necessary to carry out the purposes of this article. The Director may change the area embraced in any probation and parole district to conform to conditions and demands as they arise.

Code 1950, § 53-242; 1970, c. 648; 1974, cc. 44, 45; 1979, c. 700; 1982, c. 636; 1984, c. 514.
Va. Code Ann. § 53.1-2 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-2
Appointment of members; qualifications; terms and vacancies
Status: in_force

There shall be a State Board of Local and Regional Jails, which shall consist of 11 residents of the Commonwealth appointed by the Governor and subject to confirmation by the General Assembly. In making appointments, the Governor shall endeavor to select appointees of such qualifications and experience that the membership of the Board shall include persons suitably qualified to consider and act upon the various matters under the Board's jurisdiction. Members of the Board shall be appointed as follows: (i) one former sheriff; (ii) one former superintendent of a regional jail facility; (iii) two individuals employed by a public mental health services agency with training in or clinical, managerial, or other relevant experience working with individuals subject to the criminal justice system who have mental illness; (iv) one individual with experience overseeing a correctional facility's or mental health facility's compliance with applicable laws, rules, and regulations; (v) one physician licensed in the Commonwealth; (vi) one individual with experience in administering educational or vocational programs in state or local correctional facilities; (vii) one individual with experience in financial management or performing audit investigations; (viii) one citizen member who represents community interests; and (ix) two individuals with experience in conducting criminal, civil, or death investigations.

Members of the Board shall serve at the pleasure of the Governor and shall be appointed for terms of four years. A vacancy other than by expiration of a term shall be filled by the Governor for the unexpired term.

No person shall be eligible to serve more than two full consecutive four-year terms.

Code 1950, §§ 53-19.23, 53-19.24; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636; 2017, c. 759 ; 2020, c. 759 ; 2023, cc. 657 , 658 .
Va. Code Ann. § 53.1-109.2 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-109.2
Regional jail superintendents not to be interested in private corrections enterprises
Status: in_force

No regional jail superintendent shall also serve as an officer or partner of, or derive any personal benefit from, any private corrections enterprise or private corrections corporation doing business in the Commonwealth. However, nothing in this section shall prohibit any regional jail superintendent from providing consultation services for remuneration to any public entity regarding correctional matters, or from receiving pension, deferred compensation or other retirement benefits arising exclusively out of employment by a private corrections enterprise or private corrections corporation prior to appointment as superintendent.

1996, c. 623 .
Va. Code Ann. § 53.1-95.14 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.14
Rights of bond holders and trustees
Status: in_force

Any holder of bonds issued under the provisions of this article or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given, may be restricted by such trust agreement, may either at law or in equity, by suit, action, injunction, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the Commonwealth or granted by this article or under such trust agreement or the resolution authorizing the issuance of such bonds and may enforce and compel the performance of all duties required by this article or by such agreement or resolution to be performed by an authority created pursuant to this article or by any officer or agent thereof including the fixing, charging, and collection of such charges.

1990, c. 837.
Va. Code Ann. § 53.1-106 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-106
Members of jail or jail farm board or regional jail authority; powers; payment of pro rata costs
Status: in_force

A. Each regional jail or jail farm shall be supervised and managed by a board or authority to consist of at least the sheriff from each participating political subdivision, and one representative from each political subdivision participating therein who shall be appointed by the local governing body thereof. Any member of the local governing body of each participating political subdivision shall be eligible for appointment to the jail or jail farm board or regional jail authority. However, no one shall serve as a member of the board or authority who serves as an administrator or superintendent of a correctional facility supervised and managed by the board.

Alternate members may be appointed to the board. Such alternate members shall be selected in the same manner as regular members, except that a sheriff may appoint his own alternate. The term of each alternate shall be determined by the sheriff or the political subdivision, whichever appointed the alternate. If a regular member is not present at a meeting of the board, the alternate for that member shall have all the voting and other rights of a regular member and shall be counted for purposes of determining a quorum at any meeting.

B. The board shall have the power to:

1. Establish rules and regulations governing the operation of the jail or jail farm not inconsistent with standards of the State Board of Local and Regional Jails;

2. Purchase land for the jail or jail farm for joint ownership by the participating political subdivisions with the approval of the local governing bodies;

3. Provide for all necessary stock, equipment and structures for the jail or jail farm within the budget approved therefor by the participating political subdivisions; and

4. Appoint a superintendent of such jail or jail farm and necessary jail officers therefor who shall serve at the pleasure of the board.

The political subdivisions establishing a regional jail or jail farm shall pay their pro rata costs for land, stock, equipment and structures.

Code 1950, §§ 53-206.1, 53-206.3, 53-206.4, 53-206.5; 1974, c. 553; 1979, c. 700; 1982, c. 636; 1990, c. 185; 1991, cc. 529, 566, 567, 568; 1992, cc. 212, 628; 1994, cc. 102 , 270 , 354 ; 1997, c. 340 ; 1998, c. 541 ; 2020, c. 759 .
Va. Code Ann. § 53.1-127.3 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-127.3
Deferred or installment payment agreement for unpaid fees
Status: in_force

If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3 , the sheriff or jail superintendent shall establish a deferred or installment payment agreement subject to the approval of the general district court. As a condition of every such agreement, a person who enters into a deferred or installment payment agreement shall promptly inform the sheriff or jail superintendent of any change of mailing address during the term of the agreement.

2012, c. 829 ; 2020, cc. 740 , 741 .
Va. Code Ann. § 53.1-95 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-95
Provisions applicable to jail farms of counties and cities
Status: in_force

A. When the control, management and supervision of the jail farm of any county or city is not vested in the sheriff of such county or city, such county or city shall be paid out of state funds pursuant to § 53.1-85 for the care and custody at such jail farm of persons accused or convicted of any offense against the laws of the Commonwealth, and witnesses held in cases to which the Commonwealth is a party. Such payments shall include only the reasonable cost of guarding, and providing necessary housing, maintenance, administrative expenses, food, clothing, medicine and medical attention for such prisoners.

A1. Such county or city may also collect from other counties, cities or towns of the Commonwealth for which any prisoner is held at the jail farm of such county or city the reasonable cost of feeding, clothing, caring for and furnishing medicine and medical attention for such prisoner, and maintenance and administrative costs of the facility on a per prisoner basis. As used in this section, the term "reasonable cost" 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 .

B. When the control, management and supervision of the jail farm of any county or city is not vested in the sheriff of such county or city, the county or city may collect from the United States, for prisoners of the United States at the jail farm, such amounts as may be agreed upon by the county or city and the appropriate authorities of the Government of the United States, which amounts shall not be less than the actual cost of feeding, clothing and caring for such prisoners. Such county or city may collect from any state, other than this Commonwealth, and from any country other than the United States, for which any prisoner is held at the jail farm of such county or city, the cost of guarding, and providing necessary food, clothing, medicine and medical attention for prisoners held for such other state or country. The amount thereof shall be agreed upon by the governmental units involved.

Code 1950, § 53-188; 1960, c. 411; 1982, c. 636; 1983, c. 358.
Va. Code Ann. § 53.1-237 — Virginia Code / Title 53.1 / Chapter 14 / Section 53.1-237
Repealed
Status: repealed

Repealed by Acts 1989, c. 733.
Va. Code Ann. § 53.1-187 — Virginia Code / Title 53.1 / Chapter 6 / Article 1 / Section 53.1-187
Credit for time spent in confinement while awaiting trial
Status: in_force

A. Any person who is sentenced to a term of confinement in a correctional facility shall have deducted from any such term all time actually spent by the person in a state hospital for examination purposes or treatment prior to trial, in a state or local correctional facility awaiting trial or pending an appeal, or in a juvenile detention facility awaiting trial for an offense for which, upon conviction, such juvenile is sentenced to an adult correctional facility. Such credit for time shall include any time spent in pretrial confinement or detention on separate, dismissed, or nolle prosequi charges that are from the same act as the violation for which the person is convicted and sentenced to a term of confinement. When entering the final order in any such case, the court shall provide that the person so convicted be given credit for the time so spent.

B. If any person is extradited from another state pursuant to an extradition warrant from the Commonwealth or a fugitive warrant issued from the state where such person is detained and such person is subsequently sentenced to a term of confinement in a correctional facility in the Commonwealth for an offense from the same act as the violation for which the extradition warrant or fugitive warrant was authorized, such person shall have deducted from any such term all time actually spent in confinement awaiting extradition from such other state, provided that he was solely held on the extradition warrant or fugitive warrant and not on any other offense that he allegedly committed in such other state.

C. In no case shall a person be allowed credit for time not actually spent in confinement or in detention. In no case is a person on bail to be regarded as in confinement for the purposes of this statute. No such credit shall be given to any person who escapes from a state or local correctional facility or is absent without leave from a juvenile detention facility.

D. Any person sentenced to confinement in a correctional facility, in whose case the final order entered by the court in which he was convicted fails to provide for the credit authorized by this section, shall nevertheless receive credit for the time so spent in a correctional facility. Such allowance of credit shall be in addition to the good conduct allowance provided for in §§ 53.1-116 and 53.1-129 , Articles 2 (§ 53.1-192 et seq.) and 3 (§ 53.1-198 et seq.) or the earned sentence credits provided for in Article 4 (§ 53.1-202.2 et seq.).

Code 1950, § 53-208; 1968, c. 105; 1970, c. 648; 1982, c. 636; 1984, c. 313; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 2022, c. 399 ; 2026, c. 211 .
Va. Code Ann. § 53.1-69.2 — Virginia Code / Title 53.1 / Chapter 3 / Article 1 / Section 53.1-69.2
Administrative appeal of Board determinations
Status: in_force

If the Board determines that a local correctional facility is not in compliance with the minimum standards for construction, equipment, administration, or operation of local correctional facilities, the Board shall provide written notice of such determination to the local correctional facility. The local correctional facility may appeal the Board's determination. Any local correctional facility that appeals such a determination by the Board shall provide written notice of its request for an appeal to the Board within 30 days of the date upon which the facility received written notice of the Board's determination of noncompliance. Such appeal shall be conducted in accordance with Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.).

2020, c. 759 .
Va. Code Ann. § 53.1-144 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-144
Term of officers
Status: in_force

Each probation and parole officer shall be authorized initially for a term of one year. Subsequent authorizations shall be for indefinite periods.

Code 1950, § 53-245; 1966, c. 638; 1974, cc. 44, 45; 1978, c. 595; 1979, c. 700; 1982, c. 636; 2003, c. 944 .
Va. Code Ann. § 53.1-39.3 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-39.3
Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception
Status: in_force

A. It is unlawful for any correctional officer or other employee of a state correctional facility who is permitted to handle canines to use a patrol or security canine in any state correctional facility unless such correctional officer or other employee (i) reasonably believes that the use of a patrol or security canine is immediately necessary to protect any prisoner or any officer or employee from the threat of serious bodily injury or death or (ii) has the prior approval of the warden or a supervisor to use a patrol or security canine to intervene in an altercation, fight, or other incident between three or more prisoners. If feasible, the correctional officer shall provide a warning to the subject of any canine use of force prior to the deployment of a canine.

B. The Department shall make public any policies and regulations relating to (i) the use of canines, (ii) training requirements for both canines and the handlers of such canines, and (iii) the supervision of the officers or employees who are permitted to handle such canines.

C. The Department shall track all canine uses of force and all incidents in which canines were present or requested for assistance but no canine use of force occurred. The information collected shall be reported publicly and made available on the Department's website.

D. The provisions of this section shall not apply to the training or use of detector canines or detector canine handlers.

E. Nothing in this section shall be construed as prohibiting the use of a canine to locate a prisoner who has escaped from a state correctional facility.

2024, c. 99 .
Va. Code Ann. § 53.1-17.9 — Virginia Code / Title 53.1 / Chapter 1 / Article 4 / Section 53.1-17.9
Inmate and family support services
Status: in_force

A. For the purposes of this section, "family member" means a grandparent, parent, sibling, spouse or domestic partner, child, parent's sibling, cousin, sibling's child, grandchild, or any other person related by blood, adoption, marriage, or a fostering relationship.

B. For the purposes of this section, covered issues include (i) sanitation in correctional facilities; (ii) access to proper nutrition and clean and adequate water supplies; (iii) habitable temperatures in correctional facilities; (iv) physical or sexual abuse from fellow inmates; (v) physical or sexual abuse from staff, contractors, or volunteers; (vi) credible threats against self from other inmates, staff, or contractors; (vii) neglect of staff or contractors that results in physical or sexual trauma; (viii) denial or violation of rights; (ix) access to visitation and communication with family and legal representation; (x) access to medical or mental health care or substance abuse treatment; (xi) access to educational and rehabilitative programming, drug and mental health treatment, and inmate jobs and vocational training; (xii) access to the Department's administrative remedies process for inmates and their representatives, including the availability of complaint and grievance forms and the timely, unbiased resolution of grievances; and (xiii) adequate and qualified staffing in each Department facility.

C. The Office shall provide a statewide toll-free telephone number, a mailing address, and paper and electronic forms for inmates, family members, friends, and advocates to submit complaints and inquiries regarding covered issues on behalf of an inmate incarcerated in a Department facility. Upon receipt of a complaint or inquiry, the Office shall (i) confirm receipt of such complaint or injury and (ii) make a determination and notify the complainant as to whether an investigation is warranted. Paper forms shall be made available to all inmates and shall be provided to inmates upon request to a Department employee or contractor, including when the inmate is in administrative segregation or solitary confinement. Department employees and contractors must treat such paper forms as confidential and privileged in the same manner as legal correspondence or communication. All incoming and outgoing inmate mail is subject to the Department's security screening processes and procedures. The Office and Director shall guarantee that calls made by inmates, employees, and contractors to file complaints and inquiries with the Office regarding covered issues are confidential and are not monitored or recorded.

D. The provisions of subsection I of § 53.1-17.7 shall apply to complaints or inquiries made pursuant to this section.

E. The Ombudsman shall develop a short-term and long-term strategic plan that (i) is informed by visits to Department facilities, at least two public meetings, consultation with stakeholders, and review of best practices in other states; (ii) includes procedures for coordination with existing employees at the Office of the State Inspector General and the Department, in collaboration with those employees and with the goal of complementing existing efforts; and (iii) includes potential options and recommendations for legislation and budget actions that would support its short-term and long-term goals. The Office shall provide a report on its initial activities and strategic plan to the Governor and the General Assembly on or before November 15, 2025.

2024, cc. 392 , 393 .
Va. Code Ann. § 53.1-150.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-150.1
Contribution by persons on parole
Status: in_force

Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon his ability to pay, as established pursuant to regulations promulgated by the Director. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.

1996, c. 807 ; 2020, c. 759 .
Va. Code Ann. § 53.1-180 — Virginia Code / Title 53.1 / Chapter 5 / Article 2 / Section 53.1-180
Repealed
Status: repealed

Repealed by Acts 2002, c. 491 , cl. 2.
Va. Code Ann. § 53.1-99 — Virginia Code / Title 53.1 / Chapter 3 / Article 4 / Section 53.1-99
Jurisdiction of offenses committed by prisoners
Status: in_force

Whenever any farm is situated beyond the limits of the city establishing and maintaining it, the courts of such city shall have concurrent criminal jurisdiction with the courts of the county or city in which such farm, or any part thereof, is situated of all offenses committed within the boundaries of the farm by persons confined thereto.

The courts of such city shall have concurrent criminal jurisdiction with the courts of the county or city in which any of these offenses are committed: (i) escape, (ii) larceny of or willful damage or destruction of property owned by the city establishing and maintaining the farm, and (iii) offenses against the person or property of any employee of such city, if such offenses are committed en route between the farm and any other point by any person confined at the farm who is being transported thereto for confinement or being transported therefrom following confinement.

Code 1950, § 53-198.1; 1960, c. 286; 1982, c. 636.
Va. Code Ann. § 53.1-51 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-51
Intentional violations constitute malfeasance
Status: in_force

Intentional violations of §§ 53.1-47 through 53.1-49 and § 53.1-52 by any such department, institution or agency, continued after notice from the Governor to desist, shall constitute malfeasance in office, and shall subject the officer or officers responsible for such violations to suspension or removal from office, as may be provided by law in other cases of malfeasance.

Code 1950, § 53-72; 1982, c. 636.
Va. Code Ann. § 53.1-64 — Virginia Code / Title 53.1 / Chapter 2 / Article 4 / Section 53.1-64
Programs and facilities
Status: in_force

The Department shall establish and maintain within each facility programs for counseling and education, including career and technical education; buildings sufficient to ensure the secure confinement of persons admitted to the facility; and programs in at least one such facility for the study, testing and diagnosis of the following persons:

1. Persons committed to the Department for diagnosis and evaluation under the provisions of § 19.2-316 for a determination as to the likelihood of their benefitting from the program of such facility; and

2. Persons confined in the state corrections system under the indeterminate period of commitment authorized by Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2, to evaluate their progress periodically and to determine their readiness for release.

Code 1950, § 53-128.2; 1966, c. 482; 1982, c. 636; 1990, c. 701; 2001, c. 483 .
Va. Code Ann. § 53.1-165.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-165.1
Limitation on the application of parole statutes
Status: in_force

A. The provisions of this article, except §§ 53.1-160 and 53.1-160.1 , shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.

B. The provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony offenses where the victim was a minor: (a) rape in violation of § 18.2-61 ; (b) forcible sodomy in violation of § 18.2-67.1 ; (c) object sexual penetration in violation of § 18.2-67.2 ; (d) aggravated sexual battery in violation of § 18.2-67.3 ; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of § 18.2-63 , 18.2-64.1 , or 18.2-64.2 .

C. The provisions of this article shall also apply to any person who (i) was sentenced by a jury between June 9, 2000 and January 1, 2005, for any felony offense committed on or after January 1, 1995; (ii) can prove, by a preponderance of the evidence, that the jury in his case was not instructed on the fact that parole has been abolished; and (iii) remained incarcerated for such offense on July 1, 2026, other than (a) a Class 1 felony or (b) any of the following felony offenses where the victim was a minor: (1) rape in violation of § 18.2-61 ; (2) forcible sodomy in violation of § 18.2-67.1 ; (3) object sexual penetration in violation of § 18.2-67.2 ; (4) aggravated sexual battery in violation of § 18.2-67.3 ; (5) an attempt to commit a violation of clause (1), (2), (3), or (4); or (6) carnal knowledge in violation of § 18.2-63 , 18.2-64.1 , or 18.2-64.2 .

D. The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B or C consistent with the provisions of § 53.1-154 .

E. Any person who meets eligibility criteria for parole under subsection B and pursuant to § 53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause. Any person who meets eligibility criteria for parole under subsection C and pursuant to § 53.1-151 as of July 1, 2026, shall be scheduled for a parole interview no later than July 1, 2027, allowing for extension of time for reasonable cause.

F. Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence shall be eligible for parole and any person who has active sentences that total more than 20 years for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences shall be eligible for parole. The Board shall review and decide the case of each prisoner who is eligible for parole in accordance with §§ 53.1-154 and 53.1-154.2 and rules adopted pursuant to subdivision 2 of § 53.1-136 .

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2020, cc. 2 , 529 , 1200 , 1272 ; 2026, cc. 367 , 984 , 1046 .
Va. Code Ann. § 53.1-109 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-109
Authority of jail superintendent and jail officers; fees charged to prisoner
Status: in_force

The jail superintendent shall have and exercise the same control and authority over the prisoners committed or transferred to a regional jail or jail farm as the sheriffs of this Commonwealth have by law over the prisoners committed or transferred to local jails.

During the term of their appointment the superintendent and jail officers are hereby invested with the powers and authority of a conservator of the peace (i) within the limits of such jail or jail farm and within one mile thereof, whether such jail or jail farm is situated within or beyond the limits of such political subdivisions establishing and maintaining the same; (ii) for the purpose of conveying prisoners to and from such jail or jail farm; (iii) for the purpose of enforcing the provisions of alternative incarceration or treatment programs pursuant to §§ 53.1-129 , 53.1-131 , and 53.1-131.2 ; (iv) for the purpose of providing security and supervision of prisoners taken to a medical, dental, or psychiatric facility; and (v) for the purpose of providing a security escort and supervision of prisoners transported to a funeral or graveside service. Prisoners may be charged reasonable fees for services described in clause (v).

Code 1950, § 53-206.6; 1956, c. 681; 1970, c. 648; 1982, c. 636; 1991, c. 383; 1994, cc. 923 , 953 ; 1999, cc. 829 , 846 ; 2002, c. 336 ; 2004, c. 378 .
Va. Code Ann. § 53.1-262 — Virginia Code / Title 53.1 / Chapter 15 / Section 53.1-262
State correctional facilities; private contracts
Status: in_force

The Director, subject to the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), is hereby authorized to enter into contracts with prison contractors for the financing, site selection, acquisition, construction, maintenance, or leasing of prison facilities, or any combination of those services, subject to the following requirements and limitations:

1. Contracts entered into under the terms of this chapter 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 prison projects;

c. Evidence of past performance of similar contracts which shall include the experience of persons in management with such entity and may include the experience of the parent of such entity; 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 chapter, 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 annual appropriation of funds by the Commonwealth.

3. No contract for correctional services shall be entered into 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 Commonwealth and public officials from all claims and losses incurred as a result of the contract. Nothing herein is intended to deprive a prison contractor or the Commonwealth 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 by the Director nor shall any funds be expended for the contract unless:

a. The proposed contract complies with any applicable regulations that may be promulgated by the Director;

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 the Department to similar types of inmates; and

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

1991, c. 705; 1992, c. 654; 1995, c. 694 ; 1998, c. 818 ; 2020, c. 759 ; 2025, c. 337 .
Va. Code Ann. § 53.1-41 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-41
Opportunities for work and career and technical education
Status: in_force

A. To the extent feasible, it shall be the duty of the Director to provide persons sentenced to the Department with opportunities to work and to participate in career and technical education programs. Such work opportunities may include business, industrial, agricultural, highway maintenance and construction, and work release programs as hereafter specified in this article. In addition, prisoners may be employed to improve, repair, work on or cultivate public property or buildings.

In addition to meeting the qualifications for work performance and security compatibility, preference for placement in work programs shall be given to any prisoner who requests a work assignment and assigns a minimum of 50 percent of his earnings to his child support obligation.

B. When a person committed to the Department owes any court imposed fines, costs, forfeitures, restitution or penalties, he shall be required as a condition of participating in any work program to either make full payment or make payments in accordance with an agreed upon installment or deferred payment plan while participating in such work program. If, after the person enters into an installment or deferred payment agreement, the person fails to pay as agreed, his participation in the work program may be terminated until all fines, costs, forfeitures, restitution and penalties are satisfied. The Director shall withhold such payments from any amounts due to such person.

Code 1950, §§ 53-33, 53-57, 53-224; 1970, c. 648; 1982, c. 636; 2001, c. 483 ; 2006, c. 98 ; 2010, c. 616 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 53.1-60.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-60.1
Duties of Director in collecting court-imposed debt
Status: in_force

Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the amount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.

1998, c. 596 .
Va. Code Ann. § 53.1-40.5 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.1 / Section 53.1-40.5
Transfer of prisoner involuntarily admitted
Status: in_force

Whenever a prisoner is admitted to a hospital or facility for the care and treatment of individuals with mental illness, the Director may order the transfer of the prisoner to any other willing hospital or facility for the care and treatment of individuals with mental illness, and such other hospital or facility is authorized to admit such prisoner under the authority of the commitment order applicable to the hospital or facility from which such prisoner was transferred. No such transfer shall alter any right of a prisoner under the provisions of this article nor shall such transfer divest a judge or court, before which a hearing or request therefor is pending, of jurisdiction to conduct such hearing.

1988, c. 873; 2012, cc. 476 , 507 .
Va. Code Ann. § 53.1-103 — Virginia Code / Title 53.1 / Chapter 3 / Article 4 / Section 53.1-103
Farm expenses
Status: in_force

All expenses of maintaining a farm and supporting the prisoners worked thereon, including board, clothing and medical attention, shall be borne by the county or city owning the farm, except as herein otherwise provided.

Code 1950, § 53-204; 1982, c. 636.
Va. Code Ann. § 53.1-214 — Virginia Code / Title 53.1 / Chapter 8 / Section 53.1-214
Authority and duty of official in charge of facility
Status: in_force

It shall be lawful and mandatory upon the superintendent, warden or other official in charge of a state or local correctional facility in this Commonwealth to give over the person of any prisoner thereof whenever so required by the operation of the Agreement on Detainers.

Code 1950, § 53-304.6; 1970, c. 407; 1982, c. 636.
Va. Code Ann. § 53.1-135 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-135
Chairman; Vice-Chairman of Board
Status: in_force

The Governor shall designate one of the members so appointed as Chairman of the Board. The Board may elect one of its members as Vice-Chairman; in the absence of the Chairman, he shall have the same duties as are conferred upon the Chairman. The Chairman shall be a full-time state employee. The Governor may designate no more than two other members of the Board as full-time state employees. Members of the Board not designated full-time state employees shall be considered part-time state employees.

Code 1950, §§ 53-234; 53-235; 1966, c. 638; 1970, c. 648; 1973, c. 253; 1975, c. 316; 1978, c. 552; 1982, c. 636; 1988, c. 823; 1992, c. 144; 2002, c. 569 .
Va. Code Ann. § 53.1-112 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-112
Jail or jail farm expenses
Status: in_force

Except as provided in § 53.1-114 , the expenses of operating and maintaining a jail or jail farm and supporting the prisoners working thereon, including board, clothing and medical attention, shall be borne by the participating political subdivisions. Such participation shall be based on the percentage of the total cost for such operation that the number of prisoner days bears to the total number of prisoner days confined therein, plus their proportionate part of the fixed cost for such maintenance and operation.

Code 1950, § 53-206.9; 1956, c. 681; 1968, c. 525; 1982, c. 636.
Va. Code Ann. § 53.1-221 — Virginia Code / Title 53.1 / Chapter 11 / Section 53.1-221
Appointment of committee; bond
Status: in_force

A. When a person is convicted of a felony and sentenced to confinement in a state correctional facility, his estate, both real and personal, may, on motion of any party interested, be committed by the circuit court of the county or city in which his estate, or some part thereof is, to a person selected by the court.

B. If a person so convicted and sentenced, whether a resident or a nonresident of Virginia, has no property or estate in the Commonwealth, a committee may be appointed for him, on motion of any party interested, by the circuit court of the county or city wherein the offense for which he was convicted was committed.

C. A committee appointed pursuant to this section shall give such bond, either secured or unsecured, as is required by the court and shall be subject to all applicable provisions of Part A (§ 64.2-1200 et seq.) of Subtitle IV of Title 64.2.

D. A person for whom a committee is appointed pursuant to this section is not thereby deprived of the capacity to make a will and, unless and until a committee is appointed, such person shall continue to have the same capacity, rights, powers, and authority over his estate, affairs, and property that he had prior to such conviction and sentencing.

Code 1950, §§ 53-305, 53-306; 1952, c. 293; 1982, c. 636; 2007, c. 508 .
Va. Code Ann. § 53.1-21 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-21
Transfer of prisoners into and between state and local correctional facilities
Status: in_force

A. Any person who (i) is accused or convicted of an offense (a) in violation of any county, city, or town ordinance within the Commonwealth, (b) against the laws of the Commonwealth, or (c) against the laws of any other state or country or (ii) is a witness held in any case in which the Commonwealth is a party and who is confined in a state or local correctional facility may be transferred by the Director, subject to the provisions of § 53.1-20 , to any other state or local correctional facility which he may designate.

B. The following limitations shall apply to the transfer of persons into the custody of the Department:

1. No person convicted of violating § 20-61 shall be committed or transferred to the custody of the Department.

2. No person who is convicted of a misdemeanor or a felony and receives a jail sentence of 12 months or less shall be committed or transferred to the custody of the Department without the consent of the Director.

3. Beginning July 1, 1991, and subject to the provisions of § 53.1-20 , no person, whether convicted of a felony or misdemeanor, shall be transferred to the custody of the Department when the combined length of all sentences to be served totals two years or less, without the consent of the Director.

Code 1950, §§ 19.2-310.1, 53-19.17, 53-84, 53-103, 53-135.1; Code 1950, § 53-8; 1952, c. 557; 1960, c. 432; 1962, c. 326; 1968, c. 357; 1970, c. 648; 1971, Ex. Sess., c. 110; 1972, c. 573; 1973, cc. 330, 342; 1974, cc. 44, 45; 1976, cc. 287, 462; 1982, c. 636; 1990, cc. 676, 768; 1999, cc. 945 , 987 ; 2021, Sp. Sess. I, c. 463 .
Va. Code Ann. § 53.1-4 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-4
Meetings; quorum; officers; main office
Status: in_force

The Board shall meet at least six times each calendar year and at other times as it deems appropriate. Five members of the Board shall constitute a quorum. The Board shall select a chairman and secretary from its membership. The main office of the Board shall be in Richmond.

Code 1950, §§ 53-19.25, 53-19.29, 53-19.30, 53-19.31; 1974, cc. 44, 45; 1982, c. 636.
Va. Code Ann. § 53.1-109.01 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-109.01
Authority for regional jail officers to carry weapons
Status: in_force

It shall be lawful for any regional jail officer who has been designated by the superintendent, and who has completed the basic course in firearms for jailers and custodial officers pursuant to subdivision 7 of § 9.1-102 , 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.

1999, c. 131 .
Va. Code Ann. § 53.1-67.6 — Virginia Code / Title 53.1 / Chapter 2 / Article 6 / Section 53.1-67.6
Minimum programs
Status: in_force

The Statewide Community-Based Corrections System shall include, but not be limited to, the following programs, services and facilities: regular and intensive probation supervision, regular and intensive parole supervision for those state-responsible offenders sentenced for an offense committed prior to January 1, 1995, home/electronic incarceration, community corrections alternative programs, work release, pre-release centers, probation-violator and parole-violator centers, halfway houses and, for selected offenders, drug testing and treatment. The programs, facilities, and services required under this article shall be made available to each judicial circuit, but the manner in which such are provided shall be determined by the Director. Additional programs, services, and facilities may be established by the Director.

1994, 2nd Sp. Sess., cc. 1, 2; 2019, c. 618 .
Va. Code Ann. § 53.1-95.15 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.15
Exemption from taxes
Status: in_force

The exercise of the powers granted by this article shall be in all respects for the benefit of the inhabitants of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience, and prosperity, and as the operation and maintenance of the project by an authority created pursuant to this article will constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon the project or any property acquired or used by the authority under the provisions of this article or upon the income therefrom; and the bonds issued under the provisions of this article, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free and exempt from taxation by the Commonwealth and by any municipality, county, or other political subdivision thereof.

1990, c. 837.
Va. Code Ann. § 53.1-26 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-26
Confiscation of prohibited articles
Status: in_force

Any item of personal property which a prisoner in any state correctional facility is prohibited from possessing by the Code of Virginia or by the rules of the Director shall, when found in the possession of a prisoner, be confiscated and sold or destroyed as the Director may direct. Any funds from the sale of such property shall be invested and used as provided in § 53.1-44 .

Code 1950, § 53-23.1; 1968, c. 222; 1982, c. 636.
Va. Code Ann. § 53.1-137 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-137
Revocation hearings and subpoenas; penalty for disobeying subpoena or hindering hearing
Status: in_force

The Board is authorized to hold and conduct revocation hearings; to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before the Board or any representative of the Board; and to administer oaths and take testimony thereunder. The Board may authorize any member or other authorized representative of the Board to hold and conduct hearings, issue subpoenas, and administer oaths and take testimony thereunder. If any person fails or refuses to obey any such subpoena issued by the Board or any member or other authorized representative thereof, or hinders the orderly conduct and decorum of any hearing held and conducted by the Board or any member or other authorized representative thereof, he shall be guilty of a Class 1 misdemeanor.

Code 1950, § 53-239; 1970, c. 648; 1982, c. 636; 1985, c. 174.
Va. Code Ann. § 53.1-228.1 — Virginia Code / Title 53.1 / Chapter 11 / Section 53.1-228.1
Inmate payment for damaged property
Status: in_force

The Director, and each jail superintendent or sheriff who operates a correctional facility, are authorized to establish administrative procedures for recovering, from an inmate, the cost of replacing or repairing any facility-owned or facility-issued property which is proven to have been intentionally damaged or destroyed by the inmate. Such administrative procedures shall ensure that the inmate is afforded due process.

1996, c. 669 ; 2020, c. 759 .
Va. Code Ann. § 53.1-127.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-127.1
Establishment of stores in local correctional facilities
Status: in_force

Each sheriff who operates a correctional facility is authorized to provide for the establishment and operation of a store or commissary to deal in such articles and services as he deems proper. The net profits from the operation of such store that are generated from the inmates' accounts shall be used within the facility for educational, recreational or medical purposes for the benefit of the inmates to include behavioral health, substance abuse, reentry, and rehabilitative services for the benefit of inmates and may be expended to pay for the training, salaries, and benefits of employees or contractors whose primary job is to provide such programs and services to the inmates. The sheriff shall be the purchasing agent in all matters involving the commissary and nonappropriated funds received from inmates. The funds from such operation of a store or commissary and from the inmate telephone services account shall be considered public funds.

1993, cc. 314, 616; 2002, c. 182 ; 2013, c. 91 ; 2024, c. 402 .
Va. Code Ann. § 53.1-200 — Virginia Code / Title 53.1 / Chapter 6 / Article 3 / Section 53.1-200
Conditions for good conduct allowance
Status: in_force

Regulations approved by the Director shall govern the earning of good conduct allowance. The regulations shall require, as a condition for earning the allowance, that a prisoner participate in an appropriate educational, training, work, counseling or substance abuse program or other program intended for his rehabilitation, as provided in § 53.1-32.1 . The amount of good conduct allowance to be credited to those persons eligible therefor shall be based upon compliance with written prison rules or regulations; a demonstration of responsibility in the performance of assignments; and a demonstration of a desire for self-improvement.

Code 1950, § 53-209.3; 1981, c. 392; 1982, c. 636; 1994, c. 582 ; 2020, c. 759 .
Va. Code Ann. § 53.1-208 — Virginia Code / Title 53.1 / Chapter 7 / Article 2 / Section 53.1-208
Prisoners indicted or charged with crime outside Virginia; certificate; authority of officer with custody of prisoner
Status: in_force

If a similar certificate, similarly executed, shall state that a prisoner has been indicted or stands legally charged with a crime outside Virginia, the Director may, with the approval of the Governor, likewise deliver the prisoner to the officer presenting the certificate. Such delivery may be conditioned upon the return of the prisoner under such circumstances as the Governor may prescribe.

Any officer of the United States, the District of Columbia, or any other state to whom custody of any such prisoner has been surrendered, is hereby clothed with the authority and powers of a sheriff or a state correctional officer with respect to the custody of the prisoner in this Commonwealth.

Any duly authorized officer of the United States, the District of Columbia, or any other state, while engaged in transporting through Virginia to any other state any prisoner of the United States, the District of Columbia, or any other state, lawfully taken or surrendered into his custody either within or without Virginia in any manner, shall while transporting such prisoner into or through Virginia, be clothed with all of the authority and powers of a sheriff or of a state correctional officer with respect to the custody of the prisoner in this Commonwealth.

Code 1950, § 53-303; 1982, c. 636.
Va. Code Ann. § 53.1-7 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-7
Repealed
Status: repealed

Repealed by Acts 2011, c. 375 , cl. 2.
Va. Code Ann. § 53.1-72 — Virginia Code / Title 53.1 / Chapter 3 / Article 2 / Section 53.1-72
Jails of counties and cities to be jails of courts therein
Status: in_force

The jail of each county and city shall be the jail of every court established therein by law.

Code 1950, § 53-137; 1982, c. 636.
Va. Code Ann. § 53.1-37 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-37
Furloughs generally; travel expenses; penalties for violations
Status: in_force

A. The Director may extend the limits of confinement of any prisoner in any state correctional facility to permit him a furlough under the provisions of this section for the purpose of visiting his home or family. Such furlough shall be for a period to be prescribed by the Director or his designee, in his discretion, not to exceed three days in addition to authorized travel time. Except for furloughs permitted under subsection C, the time during which a prisoner is on furlough shall not be counted as time served against any sentence, and during any furlough, no earned sentence credits as defined in § 53.1-116 , good conduct allowance, or any other reduction of sentence shall accrue. The Director shall promulgate rules and regulations governing extension of limits of confinement hereunder.

B. The Director may, when feasible, require the prisoner or his relatives to bear the travel expense required for such visit or a prescribed portion thereof. Such travel expense shall include all amounts necessarily expended for travel, food and lodging of such prisoner and any accompanying personnel of the Department during such furlough, and a per diem amount set by the Director to reimburse the Department for furnishing custodial personnel.

C. The Director may permit a prisoner a furlough when the prisoner has been approved for release on parole by the Parole Board and 30 days or less remain to be served by the prisoner prior to his date of release on parole. Such a furlough shall not exceed 30 days.

D. Any prisoner who willfully fails to remain within the limits of confinement set by the Director hereunder, or who willfully fails to return within the time prescribed to the place designated by the Director in granting such extension, shall be guilty of an escape and shall be subject to penalty as though he left the state correctional facility itself.

E. Any prisoner who without authority or just cause fails to remain within the limits of confinement set by the Director hereunder, or who without authority or just cause fails to return within the time prescribed to the place designated by the Director in granting such extension, shall be guilty of a Class 2 misdemeanor.

F. Fifteen days prior to a prisoner's participation in the furlough program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will stay, notice of the prisoner's participation. Such notice shall include the name, address and criminal history, and any additional 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, § 53-37.1; 1972, c. 59; 1973, c. 234; 1976, c. 476; 1982, c. 636; 1989, c. 652; 2003, c. 846 ; 2020, c. 759 .
Va. Code Ann. § 53.1-138 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-138
Access to prisoners; reports of prison officials
Status: in_force

It shall be the duty of all prison officials to grant to the members of the Board, or its properly accredited representatives, access at all reasonable times to any prisoner whom the Board has power to parole; to provide for the Board and its representatives facilities for communicating with and observing such prisoner; and to furnish to the Board such reports as the Board or the Chairman shall request. Such reports may concern the conduct and character of any prisoner in their custody and other facts deemed by the Board pertinent in determining whether such prisoner shall be paroled.

Code 1950, § 53-240; 1970, c. 648; 1973, c. 253; 1982, c. 636.
Va. Code Ann. § 53.1-40.16 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.2 / Section 53.1-40.16
Education for pregnant prisoners
Status: in_force

The Department shall provide, to the extent practicable, educational programming for prisoners known to be pregnant related to (i) prenatal care, (ii) pregnancy-specific hygiene, (iii) parenting skills, (iv) the impact of alcohol and drugs on the fetus, (v) postpartum recovery health, and (vi) the general health of children.

2020, c. 526 .
Va. Code Ann. § 53.1-1.01 — Virginia Code / Title 53.1 / Chapter 1 / Article 1 / Section 53.1-1.01
Certified mail; subsequent mail or notices may be sent by regular mail
Status: in_force

Whenever in this title the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.

2011, c. 566 .
Va. Code Ann. § 53.1-131.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-131.1
Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty
Status: in_force

Any court having jurisdiction for the trial of a person charged with a misdemeanor, traffic offense, any offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or a felony that is not an act of violence as defined in § 19.2-297.1 may, for good cause, if the defendant is convicted and sentenced to confinement in jail and the active portion of the sentence remaining to be served is 45 days or less, impose the remaining time to be served on weekends or nonconsecutive days to permit the convicted defendant to retain gainful employment; however, the court shall not impose weekends or nonconsecutive days for a person convicted of a felony if the Commonwealth objects. A person sentenced pursuant to this section shall pay an amount to defray the cost of his keep, which amount shall be the actual cost of incarceration but shall not exceed that amount charged to the Compensation Board for purposes of reimbursement as provided in the general appropriation act. Such amount shall be collected by the sheriff, if he is responsible for operating a jail, or by the regional jail superintendent, and remitted by the sheriff to the treasurer of the appropriate county or city, or by the regional jail superintendent to the regional jail board or authority, solely for the purposes of defraying the costs of such weekend or nonconsecutive incarceration. The funds collected pursuant to this section shall not be used for purposes other than those provided for in this section. The assessment provided for herein shall be in addition to any other fees prescribed by law. If the defendant willfully fails to report at times specified by the court, the sentence imposed pursuant to this section shall be revoked and a straight jail sentence imposed.

If an offender who has been sentenced to nonconsecutive days by the court is in violation of the rules of the jail pursuant to § 53.1-117 , the sheriff or jail administrator may require the offender to serve out a portion or the entirety of the remainder of his sentence in consecutive days. Upon revoking the offender's ability to serve his sentence on nonconsecutive days, the sheriff or jail administrator shall notify in writing the court that sentenced the offender and indicate the specific violations that led to the decision.

The time served by a person sentenced for violation of state law in a local jail, regional jail, or local jail farm pursuant to this section shall be included in the count of prisoner days reported by the Department for the purpose of apportioning state funds to local correctional facilities for operating costs in accordance with § 53.1-84 .

1983, c. 172; 1984, c. 490; 1994, c. 901 ; 1999, c. 9 ; 2002, cc. 805 , 831 ; 2003, c. 1039 ; 2006, c. 792 ; 2018, c. 535 .
Va. Code Ann. § 53.1-152 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-152
Eligibility of persons sentenced for combinations of felony and misdemeanor offenses
Status: in_force

Every person who is convicted of a felony and also convicted of a misdemeanor and sentenced and committed for the same under the laws of this Commonwealth or of its political subdivisions shall be eligible for parole on the combination of said sentences in the same manner as provided in § 53.1-151 .

Code 1950, § 53-252.1; 1954, c. 597; 1966, c. 638; 1982, c. 636.
Va. Code Ann. § 53.1-31.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-31.1
Transportation of prisoners
Status: in_force

A. Notwithstanding any other provision of law, the Department shall provide all transportation to and from court for any prisoner in connection with a crime committed within a state correctional facility, including a facility operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.), unless the affected sheriff and the Department agree on other transportation. Auxiliary police forces established under § 15.2-1731 who have met the training requirements of § 9.1-102 , with the concurrence of the sheriff or other chief law-enforcement officer as appropriate, are specifically authorized to provide such transportation.

B. Authorized corrections personnel from any other state, the United States, and any political subdivisions thereof who transport a prisoner through the Commonwealth, deliver a prisoner to the Commonwealth, or take custody of a prisoner in the Commonwealth for transport to another jurisdiction are deemed to have lawful custody of such prisoner while in the Commonwealth.

C. Authorized Virginia corrections personnel who have a need to travel with a prisoner through or to another state are authorized to travel through such state and retain authority over such prisoner as allowed by such state.

2002, c. 240 ; 2003, c. 154 ; 2012, c. 827 ; 2015, c. 99 ; 2025, c. 337 .
Va. Code Ann. § 53.1-94 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-94
Same when paid by county or city; same when by Compensation Board
Status: in_force

The circuit court, before certifying any allowance pursuant to § 53.1-93 , shall inquire into the condition of the jail. If it appears that a guard was necessary because of the insecurity of the jail, it shall order the allowance to be certified to the governing body of the county or city. If otherwise, and the guard was necessary, the allowance shall be paid out of the budget of the sheriff as approved by the Compensation Board.

Code 1950, §§ 19-284, 19.1-309, 53-183.3; 1960, c. 366; 1972, c. 145; 1982, c. 636; 1985, c. 321.
Va. Code Ann. § 53.1-95.8 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.8
Authority of superintendent and jail officers; oath and bond; fees charged to prisoner
Status: in_force

The superintendent appointed by an authority created pursuant to this article to administer its correctional facility shall have and exercise the same control and authority over the prisoners committed or transferred to such facility as the sheriffs of this Commonwealth have by law over the prisoners committed or transferred to their jails.

During the term of their appointment, the superintendent and jail officers are hereby vested with the powers and authority of a conservator of the peace (i) within the limits of such correctional facility and within one mile thereof; (ii) for the purpose of conveying prisoners to and from such facility; (iii) for the purpose of enforcing the provisions of alternative incarceration and treatment programs pursuant to §§ 53.1-129 , 53.1-131 , and 53.1-131.2 ; (iv) for the purpose of providing security and supervision of prisoners taken to a medical, dental, or psychiatric facility; and (v) for the purpose of providing a security escort and supervision of prisoners transported to a funeral or graveside service. Prisoners may be charged reasonable fees for services described in clause (v).

Before entering upon the duties of their office, the superintendent and jail officers shall take and subscribe the oath prescribed by § 49-1 . An authority created pursuant to this article may require the superintendent or jail officers or both to give bond in such penalty and with such security as the authority may prescribe, conditioned upon the faithful discharge of the duties of their offices.

1990, c. 837; 1994, cc. 270 , 923 , 953 ; 2002, c. 336 ; 2004, c. 378 .
Va. Code Ann. § 53.1-6.1 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-6.1
Executive director; staff; compensation
Status: in_force

The Board may appoint and employ an executive director and such other persons as it deems necessary to assist it in carrying out its duties. The Board may determine the duties of such staff and fix their salaries or compensation within the amounts appropriate therefor. The duties of the executive director shall include management of (i) inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68 and (ii) reviews of the deaths of inmates that occur in any local, regional, or community correctional facility conducted pursuant to § 53.1-69.1 .

2020, c. 759 .
Va. Code Ann. § 53.1-84 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-84
State funds available to local correctional facilities for operating costs
Status: in_force

The Compensation Board shall apportion among local correctional facilities moneys appropriated in the general appropriation act for the purpose of financial assistance for the confinement of persons in local facilities in accordance with reports of prisoner days provided by the Department.

The county or city receiving such funds or a combination of counties or cities or both receiving such funds on behalf of a regional facility shall pay therefrom the operating costs of its local adult correctional facilities and programs. Criminal costs prior to confinement shall be paid out of funds appropriated pursuant to § 19.2-332 .

Regulations adopted by the Board to implement the provisions of §§ 53.1-84 through 53.1-86 shall not be subject to legislative review as provided in § 2.2-4014 . In the adoption of such regulations, the Board shall comply with all other requirements of the Administrative Process Act (§ 2.2-4000 et seq.), and in any subsequent amendments thereto shall comply with all the provisions of § 2.2-4012 .

1982, c. 636; 1983, c. 358.