Va. Code Ann. § 53.1-42 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-42
Allowance for work and disposition thereof
Status: in_force

Every prisoner committed and transferred to the Department and thereafter confined for the sentence for which he was committed in a state or local correctional facility shall be allowed an amount to be established by the Director for each day of labor satisfactory to the superintendent or sheriff in whose charge he is. The allowance so made shall accumulate and be paid over to the prisoner upon discharge, except that an amount thereof to be determined by the Director may be drawn upon by the prisoner for such purposes as may be authorized by the regulations of the Director.

For the purposes of this section only, the phrase "transferred to the Department" means (i) the actual physical receipt by the Department of a prisoner in a state correctional facility or (ii) the complete processing by the Department of a prisoner for the purposes of classifying the person as a state prisoner whether or not the person is physically received into a state correctional facility.

Code 1950, § 53-220.1; 1970, c. 339; 1982, c. 636; 2020, c. 759 .
Va. Code Ann. § 53.1-209 — Virginia Code / Title 53.1 / Chapter 7 / Article 2 / Section 53.1-209
Foreign prisoners to be held in Virginia
Status: in_force

Pursuant to the order or request of the Governor, of any court, attorney for the Commonwealth of Virginia, or any other authorized officer, if any prisoner of the United States, District of Columbia or of any other state be tendered to the custody of the Director or any duly authorized officer of a state correctional facility, either within this Commonwealth or to be transported to this Commonwealth to be held for trial for crime in Virginia or as a witness in any criminal proceeding in Virginia, the Director or officer is hereby authorized to receive the prisoner into custody. The Director or officer is hereby clothed with the same powers with respect to custody as is possessed over prisoners held after conviction of a crime and sentencing to a state correctional facility by a court of this Commonwealth.

Code 1950, § 53-304; 1982, c. 636.
Va. Code Ann. § 53.1-95.7 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.7
Powers of authority
Status: in_force

Each authority created hereunder shall be deemed to be an instrumentality exercising public and essential governmental functions to provide for the public safety and welfare, and each such authority is hereby authorized and empowered:

1. To have a seal and alter the same at pleasure;

2. To acquire by gift, purchase, lease, or otherwise, and to hold, to sell, at public or private sale, or exchange, lease, mortgage, pledge, subordinate interest in, or otherwise dispose of real and personal property of every kind and character for its purposes;

3. To appoint, select, and employ officers, agents, and employees, including a superintendent of the regional correctional facility and necessary jail officers and employees therefor, and also including engineering and construction experts, fiscal agents and attorneys, and to fix their respective compensations;

4. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction and financing of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all political subdivisions, departments, institutions, or agencies of the Commonwealth are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable;

5. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, furnish, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds or other funds made available to the authority;

6. To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

7. To accept loans and grants of money or materials or property of any kind from the Commonwealth of Virginia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the Commonwealth of Virginia or such agency or instrumentality or political subdivision may impose;

8. To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof. Any city or county participating in the authority may lend, advance, or give money or materials or property of any kind to the authority;

9. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of the Commonwealth;

10. An authority created pursuant to this article and any trustee acting under any trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in § 53.1-95.8 hereof;

11. To sue and be sued in its own name, plead and be impleaded;

12. To adopt, amend, or repeal bylaws, rules, and regulations, not inconsistent with this article or the general laws of the Commonwealth, for the regulation of its affairs and the conduct of its business and to carry into effect its powers and purposes;

13. To do all things necessary or convenient to carry out the powers expressly given in this article.

1990, c. 837; 1994, c. 270 .
Va. Code Ann. § 53.1-154.2 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-154.2
Parole procedures and considerations for certain juvenile offenders; appeal
Status: in_force

A. For the purpose of this section, "juvenile offender" means a prisoner eligible for parole pursuant to subsection E of § 53.1-165.1 .

B. The Board shall provide a meaningful opportunity to obtain release for juvenile offenders on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders.

C. In providing such meaningful opportunity to obtain release, the Board shall give substantial weight to the following when making a determination on whether to grant parole to any juvenile offender: (i) such juvenile offender's demonstrated emotional maturity and reflection, including reflection on his past conduct; (ii) such juvenile offender's maturity of judgment, including improved impulse control, development of prosocial relationships, and independence from negative influences; (iii) such juvenile offender's participation in rehabilitative, treatment, and educational programs while incarcerated, if such programs were available to him; (iv) such juvenile offender's employment history while incarcerated, if employment opportunities were available to him; (v) any obstacles such juvenile offender may have faced as a juvenile entering an adult correctional facility; (vi) such juvenile offender's institutional conduct while incarcerated, with greater weight given to more recent conduct occurring after he has had time to mature and adjust to prison; (vii) such juvenile offender's occupational skills and employment potential, including his ability and readiness to assume employment-related obligations and responsibilities; (viii) such juvenile offender's reentry plan; and (ix) any other information relevant to such juvenile offender's maturity and rehabilitation.

D. The Board shall give substantial mitigating weight to the following factors when making a determination on whether to grant parole to any juvenile offender: (i) the diminished culpability and heightened capacity for change for juveniles as compared to adults; (ii) the hallmark features of juveniles, including immaturity, impetuosity, and limited ability to assess or appreciate risks and consequences; (iii) the age of such juvenile offender at the time of the offense; (iv) whether and to what extent peer or adult pressure influenced such juvenile offender to commit the offense; (v) such juvenile offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, poverty, and involvement in the child welfare system; and (vi) the lack of ability of such juvenile offender to extricate himself from criminogenic circumstances.

E. Under no circumstance shall the Board consider a juvenile offender's age at the time of the offense as an aggravating factor to deny parole. The Board shall give significant consideration to the juvenile offender's ability to change when making a parole consideration.

F. A juvenile offender may request for reconsideration or appeal of a decision by the Board not to grant parole based on (i) the Board's failure to give substantial weight to such juvenile offender's age and its related mitigating circumstances as required by this section or (ii) the Board's overreliance on static factors such as the nature and circumstances of the offense and failure to ground its decision in evidence of maturity, rehabilitation, and a lack of present danger to public safety. The Board shall provide individualized reasons for the grant or denial of parole upon reconsideration or appeal.

2026, cc. 984 , 1046 .
Va. Code Ann. § 53.1-82.3 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-82.3
Budgeting schedule for jail projects
Status: in_force

A. Any city or county or any combination of cities or counties requesting state financial assistance pursuant to §§ 53.1-80 , 53.1-81 or § 53.1-82 shall, on or before March 1 biennially in the odd-numbered years, submit to the Governor, in a format prescribed by the Department of Corrections for such purpose, a community-based corrections plan and specifications, including detailed cost estimates of any facility construction. On or before July 1 in the odd-numbered years, such localities shall also submit to the Governor, in a format prescribed for such purpose by the Department of the Treasury, the expected financing costs for any such facility construction in accordance with § 53.1-82.2 . The Governor shall submit his recommendations for funding such projects as part of the budget bill on or before December 20 of the year immediately prior to the beginning of each regular session held in an even-numbered year of the General Assembly. Requests for appropriations of such funds shall be considered by the General Assembly only in even-numbered years.

B. In the event that the state share of reimbursable costs of the jail facility is estimated to be less than or equal to $1,000,000, such localities shall be exempt from submitting to the Governor, in a format prescribed for such purpose by the Department of the Treasury, the expected financing costs for any such facility construction in accordance with subsection A above, unless such localities seek reimbursement of financial costs associated with such facility construction.

1993, cc. 387, 787; 1995, c. 305 ; 1998, cc. 498 , 504 ; 2000, c. 1040 .
Va. Code Ann. § 53.1-116 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-116
What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays
Status: in_force

A. The jailer shall keep a (i) record describing each person committed to jail, the terms of confinement, for what offense or cause he was committed, and when received into jail; (ii) record of each prisoner; and (iii) written policy stating the criteria for and conditions of earned credit in the facility and the revocation of such credit.

Unless he is serving a mandatory minimum sentence of confinement, each prisoner sentenced to 12 months or less for a misdemeanor or any combination of misdemeanors shall earn good conduct credit at the rate of one day for each one day served, including all days served while confined in jail prior to conviction and sentencing, in which the prisoner has not violated the written rules and regulations of the jail.

Prisoners eligible for parole under § 53.1-151 , 53.1-152 or 53.1-153 shall earn good conduct credit at a rate of 15 days for each 30 days served with satisfactory conduct.

The jailer may grant the prisoner additional credits for performance of institutional work assignments, participation in classes, or participation in local work force programs, if available at the facility, at the rate of five days for every 30 days served. The time so deducted shall be allowed to each prisoner for such time as he is confined in jail. It shall be the responsibility of the jailer in each facility to determine the manner in which these additional credits may be awarded and to include this information in the written policy mandated by clause (iii) of this subsection.

For each violation of the rules prescribed herein, the time so deducted shall be added until it equals the full sentence imposed upon the prisoner by the court.

However, any prisoner committed to jail upon a felony offense committed on or after January 1, 1995, shall not earn good conduct credit, sentence credit, earned sentence credit, other credit, or a combination of any credits in excess of that permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of this title. So much of an order of any court contrary to the provisions of this section shall be deemed null and void.

B. Notwithstanding the provisions of § 19.2-350 , in the event a person who was committed to jail to be therein confined until he pays a fine imposed on him by the court in which he was tried should desire to pay such fine and costs, he may pay the same to the person in charge of the jail. The person receiving such moneys shall execute and deliver an official receipt therefor and shall promptly transmit the amount so paid to the clerk of the court which imposed the fine and costs. Such clerk shall give him an official receipt therefor and shall properly record the receipt of such moneys.

C. The administrator of a local or regional jail shall not assign a person to a home/electronic incarceration program pursuant to subsection E of § 53.1-131.2 in a locality which has a jail operated by a sheriff, without the consent of the sheriff.

Code 1950, § 53-151; 1952, c. 218; 1972, c. 293; 1981, c. 278; 1982, c. 636; 1983, c. 561; 1984, c. 643; 1990, c. 934; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 1996, c. 556 ; 1998, c. 776 ; 1999, cc. 951 , 1007 ; 2003, cc. 818 , 820 ; 2004, cc. 400 , 461 ; 2011, c. 491 ; 2026, c. 1073 .
Va. Code Ann. § 53.1-147 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-147
Compensation; expenses
Status: in_force

Each probation and parole officer shall receive as compensation for his services a salary to be fixed in accordance with the standards of classification of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2. Each officer shall also be paid necessary traveling and other expenses incurred by him in the discharge of his duties. The salary and expenses herein provided for shall be paid by the Commonwealth and no part shall be paid by or chargeable to any county or city, except as hereinafter provided.

The governing body of any county or city may add to the fixed compensation of probation and parole officers such amount as the governing body may appropriate with the total amount not to exceed fifty percent of the amount paid by the Commonwealth to probation and parole officers. No additional amount paid by a local governing body shall be chargeable to the Department of Corrections or the Parole Board, nor shall it remove or supersede any authority, control or supervision of the Department or Board.

Code 1950, §§ 53-246, 53-247; 1956, c. 316; 1966, c. 483; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636.
Va. Code Ann. § 53.1-77 — Virginia Code / Title 53.1 / Chapter 3 / Article 2 / Section 53.1-77
Jurisdiction of judge or magistrate of adopting county or city authorized to issue temporary detention orders
Status: in_force

When the jail of any other county or city has been adopted or designated under the provisions of §§ 53.1-74 and 53.1-76 , any judge or magistrate authorized to issue temporary detention orders pursuant to §§ 37.2-809 through 37.2-813 of the adopting county or city shall have concurrent jurisdiction with those of the county or city wherein the adopted or designated jail is located, in proceedings under Chapter 8 (§ 37.2-800 et seq.) of Title 37.2, with respect to such persons as have been involuntarily admitted there from the adopting county or city. Such judge or magistrate may perform any such act or duty at such place as if such person was involuntarily admitted within the jurisdiction of the adopting county or city.

Code 1950, § 53-142.1; 1952, c. 264; 1970, c. 648; 1982, c. 636; 2005, c. 716 .
Va. Code Ann. § 53.1-151 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-151
Eligibility for parole
Status: in_force

A. Except as herein otherwise provided, every person convicted of a felony and sentenced and committed by a court under the laws of this Commonwealth to the Department of Corrections, whether or not such person is physically received at a Department of Corrections facility, or as provided for in § 19.2-308.1 :

1. For the first time, shall be eligible for parole after serving one-fourth of the term of imprisonment imposed, or after serving twelve years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve years;

2. For the second time, shall be eligible for parole after serving one-third of the term of imprisonment imposed, or after serving thirteen years of the term of imprisonment imposed if one-third of the term of imprisonment imposed is more than thirteen years;

3. For the third time, shall be eligible for parole after serving one-half of the term of imprisonment imposed, or after serving fourteen years of the term of imprisonment imposed if one-half of the term of imprisonment imposed is more than fourteen years;

4. For the fourth or subsequent time, shall be eligible for parole after serving three-fourths of the term of imprisonment imposed, or after serving fifteen years of the term of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years.

For the purposes of subdivisions 2, 3 and 4 of subsection A and for the purposes of subsections B1 and B2, prior commitments shall include commitments to any correctional facility under the laws of any state, the District of Columbia, the United States or its territories for murder, rape, robbery, forcible sodomy, animate or inanimate object sexual penetration, aggravated sexual battery, abduction, kidnapping, burglary, felonious assault or wounding, or manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a controlled substance, if such would be a felony if committed in the Commonwealth. Only prior commitments interrupted by a person's being at liberty, or resulting from the commission of a felony while in a correctional facility of the Commonwealth, of any other state or of the United States, shall be included in determining the number of times such person has been convicted, sentenced and committed for the purposes of subdivisions 2, 3 and 4 of subsection A. "At liberty" as used herein shall include not only freedom without any legal restraints, but shall also include release pending trial, sentencing or appeal, or release on probation or parole or escape. In the case of terms of imprisonment to be served consecutively, the total time imposed shall constitute the term of the imprisonment; in the case of terms of imprisonment to be served concurrently, the longest term imposed shall be the term of imprisonment. In any case in which a parolee commits an offense while on parole, only the sentence imposed for such offense and not the sentence or sentences or any part thereof from which he was paroled shall constitute the term of imprisonment.

The Department of Corrections shall make all reasonable efforts to determine prior convictions and commitments of each inmate for the enumerated offenses.

B. Persons sentenced to die shall not be eligible for parole. Any person sentenced to life imprisonment who escapes from a correctional facility or from any person in charge of his custody shall not be eligible for parole.

B1. Any person convicted of three separate felony offenses of (i) murder, (ii) rape or (iii) robbery by the presenting of firearms or other deadly weapon, or any combination of the offenses specified in subdivisions (i), (ii) or (iii) when such offenses were not part of a common act, transaction or scheme shall not be eligible for parole. In the event of a determination by the Department of Corrections that an individual is not eligible for parole under this subsection, the Parole Board may in its discretion, review that determination, and make a determination for parole eligibility pursuant to regulations promulgated by it for that purpose. Any determination of the Parole Board of parole eligibility thereby shall supersede any prior determination of parole ineligibility by the Department of Corrections under this subsection.

B2. Any person convicted of three separate felony offenses of manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a controlled substance, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in this section between each conviction, shall not be eligible for parole.

C. Any person sentenced to life imprisonment for the first time shall be eligible for parole after serving fifteen years, except that if such sentence was for a Class 1 felony violation or the first degree murder of a child under the age of eight in violation of § 18.2-32 , he shall be eligible for parole after serving twenty-five years, unless he is ineligible for parole pursuant to subsection B1 or B2.

D. A person who has been sentenced to two or more life sentences, except a person to whom the provisions of subsection B1, B2, or E of this section are applicable, shall be eligible for parole after serving twenty years of imprisonment, except that if either such sentence, or both, was or were for a Class 1 felony violation, and he is not otherwise ineligible for parole pursuant to subsection B1, B2, or E of this section, he shall be eligible for parole only after serving thirty years.

E. A person convicted of an offense and sentenced to life imprisonment after being paroled from a previous life sentence shall not be eligible for parole.

E1. Any person who has been convicted of murder in the first degree, rape in violation of § 18.2-61 , forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and who has been sentenced to a term of years shall, upon a first commitment to the Department of Corrections, be eligible for parole after serving two-thirds of the term of imprisonment imposed or after serving fourteen years of the term of imprisonment imposed if two-thirds of the term of imprisonment imposed is more than fourteen years. If such person has been previously committed to the Department of Corrections, such person shall be eligible for parole after serving three-fourths of the term of imprisonment imposed or after serving fifteen years of the terms of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years.

F. If the sentence of a person convicted of a felony and sentenced to the Department is partially suspended, he shall be eligible for parole based on the portion of such sentence execution which was not suspended.

G. The eligibility time for parole as specified in subsections A, C and D of this section may be modified as provided in §§ 53.1-191 , 53.1-197 and 53.1-198 .

H. The time for eligibility for parole as specified in subsection D of this section shall apply only to those criminal acts committed on or after July 1, 1976.

I. The provisions of subdivisions 2, 3 and 4 of subsection A shall apply only to persons committed to the Department of Corrections on or after July 1, 1979, but such persons' convictions and commitments shall include all felony convictions and commitments without regard to the date of such convictions and commitments.

Code 1950, §§ 53-251, 53-272; 1954, c. 141; 1956, c. 342; 1958, cc. 249, 468; 1962, c. 327; 1970, c. 648; 1975, c. 244; 1976, cc. 145, 209, 425; 1977, cc. 344, 546, 570; 1979, c. 411; 1981, c. 392; 1982, cc. 270, 636; 1985, c. 555; 1987, c. 668; 1988, c. 872; 1990, cc. 220, 684; 1991, c. 423; 1993, cc. 485, 491, 907.
Va. Code Ann. § 53.1-120 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-120
Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment
Status: in_force

A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services. Where a courtroom of a locality is located within the courthouse of a different county, city, or town, the sheriff, any deputy sheriff, or any law-enforcement officer of such locality shall have the same police powers within and on the surrounding property of such courthouse that such sheriff, deputy sheriff, or law-enforcement officer has within his own jurisdiction. Such sheriff, deputy sheriff, or law-enforcement officer of such locality, while present within or on the surrounding property of the courthouse and engaged in the performance of his official duties, shall have concurrent jurisdiction to enforce the laws of the Commonwealth for any offense committed against or the escape of any person from the custody of such sheriff, deputy sheriff, or law-enforcement officer and shall have such police powers and concurrent jurisdiction while traveling to and returning from such courthouse.

B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel.

C. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security.

D. Any county or city, through its governing body, may assess a sum not in excess of $20 as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted of a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body that may provide for different sums in the circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the appropriate county or city and held by such treasurer to be appropriated by the governing body to the sheriff's office. The assessment shall be used solely for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security.

Code 1950, § 53-168.1; 1972, c. 135; 1982, c. 636; 1986, c. 568; 1988, c. 119; 1989, c. 571; 2002, cc. 533 , 756 ; 2003, cc. 26 , 44 ; 2004, cc. 390 , 432 ; 2006, c. 495 ; 2007, c. 377 ; 2020, c. 602 ; 2026, c. 830 .
Va. Code Ann. § 53.1-202.1 — Virginia Code / Title 53.1 / Chapter 6 / Article 3 / Section 53.1-202.1
Limitation upon applicability of this article
Status: in_force

The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.

1994, 2nd Sp. Sess., cc. 1 , 2 .
Va. Code Ann. § 53.1-225 — Virginia Code / Title 53.1 / Chapter 11 / Section 53.1-225
Accounting and motion for discharge when prisoner released; delivery of estate to prisoner
Status: in_force

Within ten days from the date of a prisoner's release from confinement, his committee shall file with the circuit court a statement of accounts of all real or personal property or both which the committee received, disbursed or was chargeable with on behalf of the prisoner. Such accounting shall be accompanied by a motion requesting the court to discharge the committee from his duties. Thereafter, the committee shall deliver the estate of the prisoner to the prisoner or his personal representatives on his death.

Code 1950, §§ 53-309, 53-310; 1982, c. 636.
Va. Code Ann. § 53.1-133.6 — Virginia Code / Title 53.1 / Chapter 3 / Article 8 / Section 53.1-133.6
Restriction on sale of jail industry program goods and services; print shop
Status: in_force

A. Articles produced or manufactured and services provided by participants in jail industry programs may be disposed of by the sheriff or jail superintendent by sale only to municipal and county agencies in Virginia and to federal, state and local public agencies within or without the Commonwealth. Except as otherwise provided, no articles produced or manufactured nor services provided by prisoners may be bought, sold or acquired by exchange on the open market.

B. The products of any printing shop in a jail industry program shall be sold only to the departments, institutions and agencies of the Commonwealth which are supported in whole or in part with funds from the state treasury and to offices or agencies of the counties, cities and towns of the Commonwealth. Such products shall not be sold on the open market.

1992, c. 859.
Va. Code Ann. § 53.1-70 — Virginia Code / Title 53.1 / Chapter 3 / Article 1 / Section 53.1-70
Jurisdiction of court to enforce orders of Board; proceedings
Status: in_force

Any circuit court in any county or city which maintains and operates any local correctional facility or lock-up, or in any county in which is situated any town which maintains and operates any local correctional facility or lock-up, affected by any such order of the Board, shall have jurisdiction to enforce such order by an injunction or other appropriate remedy at the suit of the Board. In the City of Richmond such jurisdiction shall be vested in the Circuit Court, Division I. Such proceeding shall be commenced by a petition of the Board in the name of the Commonwealth and shall, insofar as possible, conform to rules of procedure applicable to a civil action. The governing body of each county, city or town which maintains and operates any local correctional facility or lock-up affected by the order of the Board, and the officer in charge of each such facility, shall be made parties defendant. In every such proceeding the court shall hear all relevant evidence, including evidence with regard to the condition of the local correctional facility or lock-up and any other evidence bearing upon the propriety of the Board's action. The court may refuse to grant the injunction if it appears that the action of the Board was not warranted.

Code 1950, § 53-135; 1982, c. 636; 2005, c. 681 .
Va. Code Ann. § 53.1-134 — Virginia Code / Title 53.1 / Chapter 4 / Article 1 / Section 53.1-134
(Effective July 1, 2028) Virginia Parole Board; appointment of members
Status: in_force

A. There shall be a Virginia Parole Board (the Board) that shall consist of five members appointed by the Governor and subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. At least one member of the Board shall be a representative of a crime victims' organization or a victim of crime as defined in subsection B of § 19.2-11.01 . All members of the Board shall have significant professional experience working in criminal law, corrections, mental health and adolescent development, reentry and community services, or victim services.

B. The term of each member of the Board shall be four years. When a vacancy on the Board occurs, the Governor shall appoint a member to fill such vacancy within 60 days.

The members of the Board shall serve at the pleasure of the Governor.

Code 1950, §§ 53-230, 53-231, 53-232, 53-233, 53-234, 53-235, 53-236; 1966, c. 638; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1975, c. 316; 1982, c. 636; 1984, c. 584; 1997, cc. 795 , 883 ; 2002, c. 569 ; 2025, c. 716 ; 2026, cc. 984 , 1046 .
Va. Code Ann. § 53.1-67.8 — Virginia Code / Title 53.1 / Chapter 2 / Article 8 / Section 53.1-67.8
Repealed
Status: repealed

Repealed by Acts 2019, c. 618 , cl. 2
Va. Code Ann. § 53.1-175 — Virginia Code / Title 53.1 / Chapter 4 / Article 5 / Section 53.1-175
Revocation of parole by Virginia
Status: in_force

If probable cause be found that a parolee present in Virginia has violated one or more of the terms and conditions of parole, upon request from the appropriate judicial or administrative authorities of the state from which he was paroled, the Virginia Parole Board is hereby authorized to determine whether there has been a violation of the terms and conditions of parole, and if so, whether such parole should be revoked. The decision thereon of Virginia shall be conclusive and shall not be reviewable within or by such other state.

Code 1950, § 53-290.9; 1975, c. 39; 1977, c. 106; 1982, c. 636.
Va. Code Ann. § 53.1-39.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-39.1
Restrictive housing; data collection and reporting; report
Status: in_force

A. As used in this section:

"Offender" means an adult or juvenile who is confined in a state correctional facility.

"Restrictive housing" means special-purpose bed assignments operated under maximum security regulations and procedures, and utilized under proper administrative process, for the personal protection or custodial management of offenders. The Department of Corrections' restrictive housing shall, at a minimum, adhere to the standards adopted by the American Correctional Association, the accrediting body for the corrections industry.

"Shared Allied Management Unit" or "SAM Unit" means a general population environment used to promote safety within institutions by avoiding the use of restrictive housing to manage vulnerable populations that typically require a high level of services from security, mental health, or medical staff.

"Vulnerable population" means offenders who are at a greater risk of victimization or being bullied in the general population due to characteristics such as cognitive challenge, age (seniors and youthful), small stature, or timid personalities.

B. The Department shall report to the General Assembly and the Governor on or before October 1 of each year the following information for the Department, in the aggregate for the previous fiscal year:

1. The average daily population;

2. The number of offenders who were placed in and the number of offenders who were released from restrictive housing;

3. The age, sex, race, ethnicity, mental health code, medical class code, security level, and custody level classification of each offender housed in restrictive housing or a SAM Unit;

4. The disciplinary offense history preceding placement in restrictive housing or a SAM Unit;

5. The number of days each offender spent in restrictive housing;

6. The number of offenders released from restrictive housing directly into the community;

7. The number of full-time mental health staff; and

8. Any changes made during the reporting period to written policies or procedures of the Department and each state correctional facility relating to the use and conditions of restrictive housing and SAM Units.

C. The Department shall submit the annual report to the Governor, the Chairmen of the House Committee on Public Safety and the Senate Committee on Rehabilitation and Social Services, and the Clerks of the House of Delegates and the Senate as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports, and the annual report shall be posted on the General Assembly's website. The Department shall publish the report on the Department's website following its submission to the Governor, the Chairmen of the House Committee on Public Safety and the Senate Committee on Rehabilitation and Social Services, and the Clerks of the House of Delegates and the Senate.

2019, cc. 453 , 516 .
Va. Code Ann. § 53.1-100 — Virginia Code / Title 53.1 / Chapter 3 / Article 4 / Section 53.1-100
Oath and bond of superintendent and guards
Status: in_force

Before entering upon the duties of their office, the superintendent and guards shall take and subscribe the oath prescribed by § 49-1 . The governing body of the county or city maintaining a farm may require the superintendent or guards or both to give bond in such penalty and with such security as the governing body may prescribe, conditioned upon the faithful discharge of the duties of their offices.

Code 1950, § 53-199; 1982, c. 636.
Va. Code Ann. § 53.1-17.10 — Virginia Code / Title 53.1 / Chapter 1 / Article 4 / Section 53.1-17.10
Exhaustion of remedies
Status: in_force

Any action or lack of action by the Office on a complaint made pursuant to this article shall not be deemed an administrative procedure required for exhaustion of remedies before bringing an action pursuant to 42 U.S.C. § 1997(e).

2024, cc. 392 , 393 .
Va. Code Ann. § 53.1-17.2 — Virginia Code / Title 53.1 / Chapter 1 / Article 4 / Section 53.1-17.2
Office of the Department of Corrections Ombudsman; powers and duties
Status: in_force

A. There is created within the Office of the State Inspector General, an Office of the Department of Corrections Ombudsman (the Office). The Office shall have the following duties and powers:

1. To provide information, as appropriate, to inmates, family members, representatives of inmates, Department employees and contractors, and others regarding the rights of inmates;

2. To monitor conditions of confinement and assess compliance with applicable federal, state, and local rules, regulations, policies, and best practices as related to the health, safety, welfare, and rehabilitation of inmates;

3. To provide technical assistance to support inmate participation in self-advocacy;

4. To provide technical assistance to local governments in the creation of correctional facility oversight bodies, as requested, to the extent resources are available to provide such assistance;

5. To establish policies for a statewide uniform reporting system to collect and analyze data related to complaints received by the Department and that may include data related to (i) deaths, suicides, and suicide attempts in custody; (ii) physical and sexual assaults in custody; (iii) the number of inmates placed in restorative housing; (iv) the number of facility lockdowns lasting longer than 24 hours; (v) the number of staff vacancies at each facility; (vi) the inmate-to-staff ratios at each facility; (vii) staff tenure, turnover, and compensation; (viii) numbers of in-person visits to inmates that were made and denied at each facility; (ix) the number of inmate complaints or grievances submitted to the Department, the resolution of such complaints or grievances, and how long it took to resolve each complaint or grievance; and (x) any covered issue as defined in § 53.1-17.9 ;

6. To establish procedures to gather stakeholder input into the Office's activities and priorities;

7. To inspect each state correctional facility at least once every three years and at least once every year for any maximum security facility and any facility where the Office has found cause for more frequent inspection or monitoring;

8. To issue publicly periodic facility inspection reports and an annual report on state correctional facility conditions and a summary of data and recommendations arising from any complaints investigated and resolved pursuant to this article, and any other thematic reports covering any topic the Office finds relevant to maintaining a safe, secure, and humane Department;

9. To monitor, document, review, and report on facility conditions in Department facilities; and

10. To review, monitor, and report on the administrative remedy process of the Department, including the availability of any complaint and grievance forms at Department facilities, the accessibility of the remedy process to inmates and their representatives at each facility, and the timely, unbiased resolution of complaints or grievances by the Department.

B. The Office shall be directed by a Department of Corrections Ombudsman (the Ombudsman) who shall be selected by the State Inspector General. The co-chairmen of the Corrections Oversight Committee (the Committee), established pursuant to § 53.1-17.3 , or their designees, shall be invited to participate on the interview panels for finalist candidates for the Ombudsman position. The Office of the State Inspector General shall notify the Committee of the job posting for the Ombudsman position when the employment opportunity is made available. The State Inspector General shall select an Ombudsman who has training or experience in criminal law, including any experience with local or state correctional law, and shall consider his history of judgment, independence, objectivity, and integrity. Neither the Ombudsman nor the Ombudsman's spouse or domestic partner, parents, grandparents, children, or siblings shall be a current or former employee or contractor of the Department. The Ombudsman shall have the authority to make recommendations to the State Inspector General to (i) hire staff, contractors, and unpaid volunteers; (ii) secure office space, equipment, and other services necessary to carry out the duties of the Office pursuant to this article; and (iii) contract with experts as necessary to assist in the monitoring and inspection of facilities, the assessment of data, and the review, investigation, or resolution of complaints. A staff member or volunteer hired to work in the Office shall have the same authority and duties of the Office as described in this article. A staff member or volunteer hired by the Ombudsman shall not be (a) a person with a family member who is a current inmate of the Department, (b) a person with a family member who is a current employee or contractor of the Department, (c) a current employee or contractor of the Department, or (d) a victim or a family member of a victim of a crime committed by an inmate currently in the custody of the Department.

C. The Ombudsman shall, subject to the provisions of § 53.1-17.5 , (i) attend each hearing conducted by the Committee and provide any testimony, documents, data, or information requested by Committee members; (ii) meet at least twice each year with the co-chairmen of the Committee or their designees, the Governor, and the Director to report on the work and findings of the Office; and (iii) provide testimony before the relevant committees of the General Assembly upon request from any committee chairman or vice-chairman.

2024, cc. 392 , 393 .
Va. Code Ann. § 53.1-35.2 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-35.2
Visitation of certain prisoners by minor dependents
Status: in_force

A. The Director is authorized to prescribe reasonable rules regarding visitation that shall include authorization of visitation by minor dependents of prisoners who are primary caretakers of minor children with Level 1 or Level 2 security classifications that include (i) opportunities for dependent children under the age of 18 to visit their incarcerated primary caretakers at least twice per week unless an employee of the Department has a reasonable belief that the child (a) may be harmed during visitation or (b) poses a security risk due to a gang affiliation, prior conviction, or past violation of a correctional facility's contraband policy; (ii) the elimination of restrictions on the number of dependent children under the age of 18 that may be permitted visitation privileges; and (iii) authorization for contact visits for prisoners who are primary caretakers of minor children.

B. Nothing in this section shall prevent the Department from refusing visitation of a minor child based on an individualized determination by the Director, warden, or superintendent that such visitation presents security or operational risks.

2020, c. 526 .
Va. Code Ann. § 53.1-219 — Virginia Code / Title 53.1 / Chapter 10 / Section 53.1-219
Duty of clerk to furnish copy of complaint, indictment, judgment and sentence
Status: in_force

Upon the official request of the United States immigration officer in charge of the territory or district in which is located any court committing any alien to any correctional facility for the commission of a felony, it shall be the duty of the clerk of such court to furnish without charge a certified copy, in duplicate, of the complaint, information or indictment and the judgment and sentence and any other records pertaining to the case of the convicted alien.

Code 1950, § 53-315; 1982, c. 636; 2020, cc. 995 , 996 .
Va. Code Ann. § 53.1-83.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-83.1
How state appropriations for operating costs of local correctional facilities determined
Status: in_force

The Governor's proposed biennial budget bill shall include, for each fiscal year, an appropriation for operating costs for local correctional facilities. The proposed appropriation shall include:

1. An amount for compensating localities for the cost of maintaining prisoners arrested on state warrants in local jails, regional jails and jail farms, at a specified rate per prisoner day;

2. An amount for maintaining convicted state felons in local correctional facilities, at a specified rate per felon day, pursuant to § 53.1-20.1 ;

3. An amount to pay two-thirds of the salaries of medical and treatment personnel approved by the State Compensation Board; and

4. An amount to be set aside for unanticipated medical emergencies.

1983, c. 358; 1992, cc. 333, 573.
Va. Code Ann. § 53.1-196 — Virginia Code / Title 53.1 / Chapter 6 / Article 2 / Section 53.1-196
Good conduct credits of persons convicted after October 1, 1942; effect of credit upon eligibility for parole
Status: in_force

Every person convicted of a felony on or after October 1, 1942 and every person convicted of a misdemeanor and confined in any state correctional facility shall, for every twenty days of confinement after sentence, either in a local correctional facility awaiting transfer to the Department or in any state correctional facility serving the sentence imposed upon him, without violation of any written jail or prison rule or regulation, be allowed a credit of ten days upon his total term of confinement to which he has been sentenced, in addition to the time he actually serves. So much of the credit allowed to misdemeanants by this section as applies to time served prior to June 24, 1944, shall be in lieu of, and not in addition to, any credit they may have earned under the law as it existed prior to such date.

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

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

Code 1950, § 53-213; 1970, c. 648; 1972, c. 487; 1973, c. 208; 1974, c. 533; 1977, c. 182; 1982, c. 636.
Va. Code Ann. § 53.1-95.3 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.3
Definitions
Status: in_force

As used in this article, the following words and terms shall have the following meanings unless the context indicates another meaning or intent:

"County" means any county in the Commonwealth of Virginia.

"Governing body" means in the case of a county the board of supervisors and in the case of a city or town the board, commission, council or other body by whatever name it may be known, in which the general legislative powers of the city or town are vested.

"Political subdivision" means a county, city, or town of the Commonwealth of Virginia.

"Unit" means any department, institution or commission of the Commonwealth of Virginia and any public corporate instrumentality thereof, and any district, and includes counties and municipalities.

1990, c. 837; 1992, c. 421.
Va. Code Ann. § 53.1-167 — Virginia Code / Title 53.1 / Chapter 4 / Article 4 / Section 53.1-167
Form of compact
Status: in_force

The form of the compact shall be substantially as follows:

A compact entered into by and among the contracting states, signatures hereto, with the consent of the Congress of the United States of America, granted by an act entitled "an act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes."

The contracting states solemnly agree:

1. That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state"), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state"), while on probation or parole, if:

a. Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;

b. Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.

Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.

A resident of the receiving state, within the meaning of this compact, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.

2. That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.

3. That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

4. That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.

5. That the Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.

6. That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

7. That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.

Code 1950, § 53-289; 1982, c. 636.
Va. Code Ann. § 53.1-224 — Virginia Code / Title 53.1 / Chapter 11 / Section 53.1-224
Maintenance of prisoner's family; spouse's portion
Status: in_force

The committee shall allow, subject to the claims of creditors, a sufficient maintenance out of the prisoner's estate for the prisoner's spouse and family, if any. The spouse shall be entitled, so long as the prisoner is confined, to the profits of such portion of the prisoner's estate as the spouse would have if the prisoner had died intestate.

Code 1950, § 53-308; 1982, c. 636.
Va. Code Ann. § 53.1-198 — Virginia Code / Title 53.1 / Chapter 6 / Article 3 / Section 53.1-198
Certain persons to choose good conduct system
Status: in_force

Every person who, on or before June 30, 1981, was convicted of a felony and every person convicted of a misdemeanor, and to whom the provisions of §§ 53.1-151 , 53.1-152 or § 53.1-153 apply, may choose the system of good conduct allowances established in §§ 53.1-199 through 53.1-202 to govern the computing of his discharge date and eligibility for parole. A person who chooses the system established in this article may not thereafter be governed by the laws establishing good conduct allowances in effect prior to July 1, 1981.

Code 1950, § 53-209.1; 1981, c. 392; 1982, c. 636.
Va. Code Ann. § 53.1-43.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-43.1
Inmate trust accounts
Status: in_force

In addition to any other account established to hold funds for inmates, the Department shall establish for each inmate a personal trust account. Unless an inmate has been sentenced to be executed, is serving a sentence of life without the possibility of parole, or is sentenced to a term that makes him ineligible for release, excluding the conditional release of geriatric prisoners pursuant to § 53.1-40.01 , prior to 75 years of age, 10 percent of any funds received by an inmate from any source shall be deposited by the Department in the inmate's personal trust account until the account has a balance of $1,000. When the inmate's personal trust account reaches $1,000, any funds received by the inmate shall be deposited in the inmate's other account.

An inmate may direct the Department at any time to deposit a portion or all of any funds received by him in the inmate's personal trust account. After the balance of a personal trust account has exceeded $1,000, an inmate may direct the Department to transfer funds from his personal trust account to any other account maintained for him; provided, however, that the balance of the personal trust account shall not fall below $1,000.

Funds in an inmate's personal trust account shall be paid to the inmate upon parole or final discharge.

2011, cc. 260 , 284 ; 2017, c. 205 .
Va. Code Ann. § 53.1-95.4 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.4
Ordinance, agreement or resolution creating authority
Status: in_force

A. Each such ordinance, agreement or resolution shall include the following:

1. The name of the "authority" and address of its principal office.

2. The name of each participating political subdivision, together with the names, addresses and terms of office of the first members of the board of the authority.

3. The purpose or purposes for which the authority is to be created together with, insofar as the governing bodies of the participating political subdivisions determine to be practicable, preliminary estimates of capital costs and financing proposals for any specific project or projects to be undertaken by the authority.

4. The number of members who shall exercise the powers of the authority and the number from each participating political subdivision.

B. Any such ordinance, agreement or resolution that does not set forth the information required in subdivision A 3 of this section regarding capital cost estimates and project financing proposals shall also set forth a finding that inclusion of such information is impracticable.

1990, c. 837.
Va. Code Ann. § 53.1-148 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-148
Transfer of supervision from one probation officer to another
Status: in_force

The court placing any person on probation may transfer such person from the supervision of one probation officer to that of another probation officer. Such transfer shall be reported by the court to both probation officers and to the person on probation. A record of the transfer shall be filed with the records of the case or entered upon the records of the court.

Whenever a person placed on probation resides in a locality removed from that in which the court which placed such person on probation is situated, or whenever a person on probation desires to remove to a locality other than that in which the court is situated, the court placing such person on probation may transfer him to a probation officer regularly appointed and authorized to serve for the locality in which the probationer resides or to which he is to move. In such cases the probation officer shall send to the court desiring to make the transfer a written statement that he will exercise supervision over such person. The statement shall be approved in writing by the judge of the court to which the probation officer is attached. The probation officer shall report concerning the conduct and condition of the probationer at regular intervals to the judge of the court who placed the defendant on probation.

Code 1950, § 53-277; 1982, c. 636.
Va. Code Ann. § 53.1-226 — Virginia Code / Title 53.1 / Chapter 11 / Section 53.1-226
When estate committed to sheriff
Status: in_force

If any person appointed committee refuse the trust or fail to give bond as required, the court, on motion of an interested party, shall commit the estate to the sheriff of the county or city who shall be the committee. The sheriff and the sureties on his official bond shall be bound for the faithful performance of the trust.

Code 1950, § 53-311; 1982, c. 636.
Va. Code Ann. § 53.1-85 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-85
Time and manner of payment
Status: in_force

Notwithstanding any contrary provisions of this Code which provide for state reimbursement of certain costs incurred by local correctional facilities, the time and manner of such payments shall be as hereinafter prescribed.

Each facility's apportionment pursuant to § 53.1-84 shall be paid by the Compensation Board to the responsible local governing body or fiscal agent of such facility in quarterly installments beginning July, 1983.

The amount of the quarterly installment for each facility will be the sum of the following:

1. The number of state prisoner days registered by the facility in the preceding quarter, pursuant to § 53.1-121 , times the specified rate per prisoner day;

2. The number of prisoner days registered for convicted state felons by the facility in the preceding quarter times the specified rate per felon day, pursuant to § 53.1-20.1 ; and

3. One-fourth of the annual cost for salaries and fringe benefits for medical and treatment personnel approved by the Compensation Board pursuant to § 15.2-1636.7 .

Funds held in the emergency reserve shall be distributed on the written authorization of the Compensation Board. In the event of emergencies, the Compensation Board may reallocate any portion of the reserve among individual facilities. Any balance remaining in the reserve at the close of the budgetary period shall revert to the general fund of the state treasury.

1982, c. 636; 1983, c. 358; 1992, cc. 333, 573.
Va. Code Ann. § 53.1-165 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-165
Revocation of parole; hearing; procedure for parolee in another state; appointment of attorney
Status: in_force

A. Whenever any parolee is arrested and recommitted as provided herein, a preliminary hearing to determine probable cause that such parolee has violated one or more of the terms or conditions upon which he was released on parole shall be held by any hearing officer who has been designated as such by the Director of the Department to conduct such hearings. However, if a nolle prosequi is to be entered in a case where a parole violation is alleged, no preliminary hearing shall be required.

Upon request of the hearing officer, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of such jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in any proceedings held before him. Each attorney so appointed shall be available to serve upon request of the hearing officer. The term of each attorney's appointment shall continue until such time as a successor may be appointed. A hearing officer shall be authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before him and to administer oaths and to take testimony thereunder.

Upon a finding of probable cause by the hearing officer, the Board or its authorized representative shall conduct a hearing, consider the case and act with reference thereto within a reasonable time thereafter. Upon request of the Board, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of that jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in proceedings held or to be held before the Board. Each attorney shall be available to serve upon request of the Board. The term of each attorney's appointment shall continue until such time as a successor may be appointed. The Board, in its discretion, may revoke the parole and order the reincarceration of the prisoner for the unserved portion of the term of imprisonment originally imposed upon him, or it may reinstate the parole either upon such terms and conditions as were originally prescribed, or as may be prescribed in addition thereto or in lieu thereof. When a parole violation is based on a new felony conviction for which the individual has been sentenced to two or more years, excluding any time of said sentence which has been suspended, any individual Board member, so authorized by the Board, may after such hearing revoke the individual's parole as otherwise provided herein.

Upon revocation of parole for any felony offense, the Board or its authorized representative shall order that the Department of Corrections take fingerprints and a photograph of the person for each offense and transmit such information to the Central Criminal Records Exchange pursuant to subsection D of § 19.2-390 .

B. In cases in which a parolee is in another state, any hearing officer who has been designated as such by the Director of the Department may be sent to that state to conduct a preliminary hearing to determine probable cause that the parolee has violated one or more of the terms and conditions upon which he was released upon parole.

C. Any attorney-at-law appointed pursuant to this section shall be paid as directed by the court making the appointment, from funds appropriated for court costs and expenses, reasonable compensation on an hourly basis and necessary expenses, based upon a report to be furnished to it by such attorney. In the event an attorney-at-law is appointed in another state, he shall be paid out of funds appropriated to the Department.

Code 1950, § 53-262; 1970, c. 648; 1975, c. 292; 1979, cc. 700, 703; 1982, c. 636; 1985, c. 174; 1986, c. 433; 2000, c. 767 ; 2019, cc. 782 , 783 ; 2025, c. 716 .
Va. Code Ann. § 53.1-17.3 — Virginia Code / Title 53.1 / Chapter 1 / Article 4 / Section 53.1-17.3
Corrections Oversight Committee; membership; authority
Status: in_force

A. There is created a Corrections Oversight Committee (the Committee) that shall consist of 13 voting members and two nonvoting members. Such voting members shall be appointed as follows: (i) two members of the Senate who are not members of the same political party, to be appointed by the Senate Committee on Rules; (ii) two members of the House of Delegates who are not members of the same political party, to be appointed by the Speaker of the House of Delegates; and (iii) the following nonlegislative citizen members to be appointed by the Governor: (a) one representative of a nonprofit prisoner advocacy group, (b) one representative of a nonprofit organization that provides training or rehabilitation programs for incarcerated inmates, (c) one male citizen and one female citizen who were formerly incarcerated within the Commonwealth for a term of imprisonment of three years or more within the 10 years immediately preceding his appointment, provided that such citizens have had their civil rights restored by the Governor, (d) one licensed physician, (e) one licensed mental health or behavioral health professional with experience providing mental health or counseling services to adults, (f) one person who is a grandparent, parent, child, sibling, or spouse or domestic partner of a person currently incarcerated within the Commonwealth and who is serving a term of incarceration of three years or more, (g) one current or former Department correctional officer in a supervisory role selected from an association of correctional officers and employees or a nonprofit organization in which he is a member, and (h) one current or former Department line correctional officer selected from an association of correctional officers and employees or a nonprofit organization in which he is a member. The two nonvoting members shall serve in an advisory role and shall consist of two current or former employees of the Department, a state correctional facility outside of the Commonwealth, or a federal correctional facility who served in such role within the 10 years immediately prior to appointment. Upon the request of an inmate, an inmate's family member or representative, or a Department staff member, employee, or contractor who believes he may be the subject of retaliation for providing testimony or other information to the Office or the Committee, such nonvoting members shall be excluded from any investigations, inspections, interviews, receipt of testimony, or review of documents by the Office or the Committee with regard to the requester.

B. Members appointed pursuant to this section shall serve a term of three years. Except as provided in subsection A, neither a member nor a member's spouse or domestic partner, parents, grandparents, children, or siblings shall be (i) a current or former employee or contractor of the Department at any time during the 10 years prior to his appointment to the Committee or (ii) involved in active litigation against the Department. Members of the Committee shall not serve more than three consecutive terms. The Committee shall be co-chaired by two legislative members appointed pursuant to subsection A who are not members of the same chamber of the legislature or of the same political party. A co-chairman shall serve a term of three years and shall not serve more than two consecutive terms. The Committee co-chairmen shall be selected by the leaders of their respective political parties in the House of Delegates and the Senate. Except as provided in subsection A, all members of the Committee shall have the power to vote on matters and actions before the Committee. Matters and actions of the Committee shall be decided pursuant to a majority vote of the voting members present. To vote on actions or matters before the Committee, a quorum must exist, which shall include the Committee co-chairmen and six of the other voting members.

C. The Committee shall meet as the co-chairmen deem necessary, or on the call of a majority of the members.

D. Pursuant to §§ 2.2-2813 and 2.2-2825 , Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses.

E. The Committee shall hold at least two public hearings each year to present, review, and discuss the Office's inspections, findings, reports, and recommendations set forth in the Office's annual report.

F. The Committee co-chairmen, or their designees, shall meet at least twice each year with the Governor and the Director to report on the work and findings of the Committee and shall provide testimony before the relevant committees of the House of Delegates and Senate upon request from the committee chairman or vice-chairman or ranking member.

G. Upon a majority vote of its voting members, the Committee may make an ex parte application to the circuit court for the county or city wherein evidence sought is kept for the issuance of a subpoena duces tecum in furtherance of an investigation or to request production by the Department of any relevant records, documents, or other evidence, with the exception of confidential employee files and active internal affairs investigations. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena for the appearance of an individual before any hearing conducted by the Committee. The subpoena shall be served by the Office and enforced by the circuit court. Department employees may have counsel present during testimony. Subpoenas so issued shall be served and, upon application to the court by the Committee, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

H. The Committee shall conduct, at a minimum, one random inspection of a facility each year and shall visit a different facility upon each inspection. All members of the Committee may be present during each inspection and shall not announce an inspection to any individual or entity outside of the Committee before such inspection occurs. During the course of an inspection, members of the Committee shall have the same access to the facility, inmates, staff, documents, and records in accordance with § 53.1-17.4 and shall have the same powers as granted to the Office for an inspection pursuant to § 53.1-17.6 .

2024, cc. 392 , 393 .
Va. Code Ann. § 53.1-71.4 — Virginia Code / Title 53.1 / Chapter 3 / Article 1.1 / Section 53.1-71.4
Powers and duties not delegable to contractor
Status: in_force

The regional jail authority issuing the contract shall retain the authority and responsibility for the rules and procedures as they apply to the treatment of prisoners, and no contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility to a regional jail facility contractor for any of the following:

1. Developing and implementing procedures for calculating inmate release 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 which 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 for review and adoption, rejection, or modification as otherwise provided by law or regulation;

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

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

1994, c. 715 ; 2025, c. 337 .
Va. Code Ann. § 53.1-210 — Virginia Code / Title 53.1 / Chapter 8 / Section 53.1-210
Agreement entered into and enacted into law
Status: in_force

The Agreement on Detainers is hereby enacted into law and entered into by this Commonwealth with all other jurisdictions legally joining therein in the form substantially as follows:

THE AGREEMENT ON DETAINERS

The contracting states solemnly agree:

ARTICLE I.

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trials of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

As used in this agreement:

ARTICLE II.

(a) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.

(c) "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.

ARTICLE III.

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officers' jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

(d) Any request or final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other officials having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

ARTICLE IV.

(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

ARTICLE V.

(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place of trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance or temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

ARTICLE VI.

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

ARTICLE VII.

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

ARTICLE VIII.

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

ARTICLE IX.

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

Code 1950, § 53-304.1; 1970, c. 407; 1982, c. 636.
Va. Code Ann. § 53.1-169 — Virginia Code / Title 53.1 / Chapter 4 / Article 5 / Section 53.1-169
Who may hold hearings; procedures therefor
Status: in_force

A. Any hearing held pursuant to this article may be before the person or persons designated by the compact administrator of this Commonwealth or his designee to hold preliminary hearings involving alleged parole or probation violations. No hearing officer, however, shall be the person or the direct supervisor of the person making the allegation of violation.

B. The compact administrator of this Commonwealth or his designee shall establish a procedure for the administrative hearings held pursuant to this article.

Code 1950, § 53-290.2; 1975, c. 39; 1977, c. 106; 1982, c. 636.
Va. Code Ann. § 53.1-58 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-58
Highway employees as guards
Status: in_force

The Director, with the consent of the Commissioner of Highways, may appoint and authorize employees of the Department of Transportation to act as guards of prisoners when such prisoners are at work on the roads under the jurisdiction of the Commonwealth Transportation Board. Such employees shall be deemed to be acting within the scope of their official duties for the Board when acting as guards pursuant to this section. The Director may authorize such employees to carry firearms in accordance with § 53.1-29 .

Code 1950, § 53-122; 1958, c. 572; 1970, c. 648; 1982, c. 636.
Va. Code Ann. § 53.1-82.1 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-82.1
Approval of jail projects by the Board; plan for community corrections
Status: in_force

The Board shall promulgate regulations requiring localities seeking approval of a jail project to (i) submit a community-based corrections plan and (ii) demonstrate that the project can be completed and operated in a cost-efficient manner. Such regulations shall require, at a minimum, the following:

1. That the request include an analysis of staffing needs and a six-year operating budget for the proposed facility;

2. That the request include a plan for development and implementation of pre-trial detention alternatives and post-disposition punishment alternatives on a systematic local and regional basis, which plan shall be reviewed, modified and approved by the Board with assistance from the Department of Criminal Justice Services; and

3. That the project be based on a locality- or region-specific jail population forecast, which shall include an analysis of the impact on the jail population of the alternatives identified pursuant to subdivision 2 of this section, and which forecast shall be reviewed by the Department of Criminal Justice Services.

The Board shall approve no proposed jail project which does not conform to the regulations promulgated pursuant to this section.

The provisions of this section shall not apply to jail renovation projects which do not result in a net increase in available bed space.

1993, cc. 387, 787; 2000, c. 1040 .
Va. Code Ann. § 53.1-123 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-123
Other accounts, information and records as required by Department
Status: in_force

Sheriffs and jail superintendents shall keep such other accounts and records and furnish to the Department such information and reports as may be required by the Department.

Code 1950, § 53-171; 1982, c. 636; 1991, c. 383.
Va. Code Ann. § 53.1-71 — Virginia Code / Title 53.1 / Chapter 3 / Article 1 / Section 53.1-71
Courts to order jails erected and repaired
Status: in_force

When it shall appear to the circuit court of any county or city that there is no jail therein or that the jail of such county or city is insecure, out of repair or otherwise inadequate, it shall be the duty of such court to award a rule in the name of the Commonwealth against the governing body of the county or city to show cause why a writ of mandamus should not issue commanding the governing body to erect a jail for the county or city, or to cause the existing jail of such county or city to be made secure, put in good repair, or rendered otherwise adequate, as the case may be.

Code 1950, § 53-129; 1982, c. 636.
Va. Code Ann. § 53.1-34 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-34
Treatment of prisoner with contagious disease
Status: in_force

The Director may, upon the application of the person in charge of any state correctional facility who has been requested in writing so to do by the physician at such facility, have removed from such facility any prisoner therein who has contracted any contagious or infectious disease dangerous to the public health to some place to be designated by the Director. When any prisoner is so removed, he shall be safely kept and treated for such disease and, as soon as he recovers his health, be returned to such facility unless the term of his imprisonment has expired, in which event he shall be discharged, but not until all danger of his spreading contagion has passed. Expenses incurred by reason of this section shall be borne by the Commonwealth.

Code 1950, § 53-94; 1970, c. 648; 1979, c. 109; 1982, c. 636.
Va. Code Ann. § 53.1-203 — Virginia Code / Title 53.1 / Chapter 7 / Article 1 / Section 53.1-203
Felonies by prisoners; penalties
Status: in_force

It shall be unlawful for a prisoner in a state, local or community correctional facility or in the custody of an employee thereof to:

1. Escape from a correctional facility or from any person in charge of such prisoner;

2. Willfully break, cut or damage any building, furniture, fixture or fastening of such facility or any part thereof for the purpose of escaping, aiding any other prisoner to escape therefrom or rendering such facility less secure as a place of confinement;

3. Make, procure, secrete or have in his possession any instrument, tool or other thing for the purpose of escaping from or aiding another to escape from a correctional facility or employee thereof;

4. Make, procure, secrete or have in his possession a knife, instrument, tool or other thing not authorized by the superintendent or sheriff which is capable of causing death or bodily injury;

5. Procure, sell, secrete or have in his possession any chemical compound which he has not lawfully received;

6. Procure, sell, secrete or have in his possession a controlled substance classified in Schedule III of the Drug Control Act (§ 54.1-3400 et seq.) or marijuana;

7. Introduce into a correctional facility or have in his possession firearms or ammunition for firearms;

8. Willfully burn or destroy by use of any explosive device or substance, in whole or in part, or cause to be so burned or destroyed, any personal property, within any correctional facility;

9. Willfully tamper with, damage, destroy, or disable any fire protection or fire suppression system, equipment, or sprinklers within any correctional facility; or

10. Conspire with another prisoner or other prisoners to commit any of the foregoing acts.

For violation of any of the provisions of this section, except subdivision 6, the prisoner shall be guilty of a Class 6 felony. For a violation of subdivision 6, he shall be guilty of a Class 5 felony. If the violation is of subdivision 1 of this section and the escapee is a felon, he shall be sentenced to a mandatory minimum term of confinement of one year, which shall be served consecutively with any other sentence. The prisoner shall, upon conviction of escape, immediately commence to serve such escape sentence, and he shall not be eligible for parole during such period. Any prisoner sentenced to life imprisonment who escapes shall not be eligible for parole. No part of the time served for escape shall be credited for the purpose of parole toward the sentence or sentences, the service of which is interrupted for service of the escape sentence, nor shall it be credited for such purpose toward any other sentence.

Code 1950, § 53-291; 1966, c. 300; 1970, c. 648; 1973, c. 403; 1975, c. 588; 1977, c. 497; 1978, cc. 177, 361; 1982, c. 636; 1985, c. 555; 1988, c. 371; 2004, c. 461 ; 2006, c. 104 ; 2011, cc. 384 , 410 ; 2014, cc. 674 , 719 .
Va. Code Ann. § 53.1-231.2 — Virginia Code / Title 53.1 / Chapter 12.1 / Section 53.1-231.2
(For contingent repeal date, see Acts 2026, cc. 992 and 1081, cl. 3) Restoration of the civil right to be eligible to register to vote to certain persons
Status: in_force

This section shall apply to any person who is not a qualified voter because of a felony conviction, who seeks to have his right to register to vote restored and become eligible to register to vote, and who meets the conditions and requirements set out in this section.

(Effective until July 1, 2027) Any person, other than a person (i) convicted of a violent felony as defined in § 19.2-297.1 or in subsection C of § 17.1-805 and any crime ancillary thereto; (ii) convicted of a felony pursuant to § 4.1-1101 , 18.2-248 , 18.2-248.01 , 18.2-248.1 , 18.2-255 , 18.2-255.2 , or 18.2-258.02 ; or (iii) convicted of a felony pursuant to § 24.2-1016 , may petition the circuit court of the county or city in which he was convicted of a felony, or the circuit court of the county or city in which he presently resides, for restoration of his civil right to be eligible to register to vote through the process set out in this section. On such petition, the court may approve the petition for restoration to the person of his right if the court is satisfied from the evidence presented that the petitioner has completed, five or more years previously, service of any sentence and any modification of sentence including probation, parole, and suspension of sentence; that the petitioner has demonstrated civic responsibility through community or comparable service; and that the petitioner has been free from criminal convictions, excluding traffic infractions, for the same period.

(Effective July 1, 2027) Any person, other than a person (i) convicted of a violent felony as defined in § 19.2-297.1 or in subsection C of § 17.1-805 and any crime ancillary thereto; (ii) convicted of a felony pursuant to § 4.1-1101 , 4.1-1114 , 18.2-248 , 18.2-248.01 , 18.2-255 , 18.2-255.2 , or 18.2-258.02 ; or (iii) convicted of a felony pursuant to § 24.2-1016 , may petition the circuit court of the county or city in which he was convicted of a felony, or the circuit court of the county or city in which he presently resides, for restoration of his civil right to be eligible to register to vote through the process set out in this section. On such petition, the court may approve the petition for restoration to the person of his right if the court is satisfied from the evidence presented that the petitioner has completed, five or more years previously, service of any sentence and any modification of sentence including probation, parole, and suspension of sentence; that the petitioner has demonstrated civic responsibility through community or comparable service; and that the petitioner has been free from criminal convictions, excluding traffic infractions, for the same period.

If the court approves the petition, it shall so state in an order, provide a copy of the order to the petitioner, and transmit its order to the Secretary of the Commonwealth. The order shall state that the petitioner's right to be eligible to register to vote may be restored by the date that is 90 days after the date of the order, subject to the approval or denial of restoration of that right by the Governor. The Secretary of the Commonwealth shall transmit the order to the Governor who may grant or deny the petition for restoration of the right to be eligible to register to vote approved by the court order. The Secretary of the Commonwealth shall send, within 90 days of the date of the order, to the petitioner at the address stated on the court's order, a certificate of restoration of that right or notice that the Governor has denied the restoration of that right. The Governor's denial of a petition for the restoration of voting rights shall be a final decision and the petitioner shall have no right of appeal. The Secretary shall notify the court and the State Board of Elections in each case of the restoration of the right or denial of restoration by the Governor.

On receipt of the certificate of restoration of the right to register to vote from the Secretary of the Commonwealth, the petitioner, who is otherwise a qualified voter, shall become eligible to register to vote.

2000, c. 969 ; 2003, c. 946 ; 2021, Sp. Sess. I, cc. 550 , 551 ; 2026, cc. 992 , 1081 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 53.1-32 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-32
Treatment and control of prisoners; recreation; religious services
Status: in_force

A. It shall be the general purpose of the state correctional facilities to provide proper employment, training and education in accordance with this title, medical and mental health care and treatment, discipline and control of prisoners committed or transferred thereto. The health service program established to provide medical services to prisoners shall provide for appropriate means by which prisoners receiving nonemergency medical services may pay fees based upon a portion of the cost of such services. In no event shall any prisoner be denied medically necessary service due to his inability to pay.

B. The Department of Corrections shall establish and maintain a treatment program for prisoners convicted pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 and committed to its custody. The program shall include a clinical assessment of all such prisoners upon receipt into the custody of the Department of Corrections and the development of appropriate treatment plans, if indicated. A licensed psychiatrist or licensed clinical psychologist who is experienced in the diagnosis, treatment, and risk assessment of sex offenders shall oversee the program and the program shall be administered by a licensed psychiatrist, licensed clinical psychologist, or a licensed mental health professional who is a certified sex offender treatment provider as defined in § 54.1-3600 .

C. The Director shall provide a program of recreation for prisoners. The Director may establish, with consultation from the Department of Behavioral Health and Developmental Services, a comprehensive substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and may make such program available to any prisoner requiring the services provided by the program.

D. The Director or his designee who shall be a state employee is authorized to make arrangements for religious services for prisoners at times as he may deem appropriate. When such arrangements are made pursuant to a contract or memorandum of understanding, the final authority for such arrangements shall reside with the Director or his designee.

Code 1950, §§ 53-33, 53-94; 1970, c. 648; 1982, c. 636; 1992, c. 740; 1993, c. 768; 1995, cc. 766 , 821 ; 1998, c. 798 ; 2009, cc. 740 , 813 , 840 ; 2010, c. 261 ; 2012, cc. 803 , 835 ; 2020, c. 759 .
Va. Code Ann. § 53.1-32.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-32.1
Classification system; program assignments; mandatory participation
Status: in_force

A. The Director shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on an assessment of needs, determines appropriate program assignments including career and technical education, work activities and employment, academic activities which at a minimum meet the requirements of § 66-13.1 , counseling, alcohol and substance abuse treatment, and such related activities as may be necessary to assist prisoners in the successful transition to free society and gainful employment.

B. The Director shall, subject to the availability of resources and sufficient program assignments, place prisoners in appropriate full-time program assignments or a combination thereof to satisfy the objectives of a treatment plan based on an assessment and evaluation of each prisoner's needs. Compliance with specified program requirements and attainment of specific treatment goals shall be required as a condition of placement and continuation in such program assignments. The Director may suspend programs in the event of an institutional emergency.

C. For the purposes of implementing the requirements of subsection B, prisoners shall be required to participate in such programs according to the following schedule:

1. From July 1, 1994, through June 30, 1995, an average of 24 hours per week.

2. From July 1, 1995, through June 30, 1996, an average of 28 hours per week.

3. From July 1, 1996, through June 30, 1997, an average of 30 hours per week.

4. From July 1, 1997, through June 30, 1998, an average of 36 hours per week.

5. From July 1, 1998, and thereafter, an average of 40 hours per week.

D. Notwithstanding any other provision of law, prisoners refusing to accept a program assignment shall not be eligible for good conduct allowances or earned sentence credits authorized pursuant to Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. Such refusal shall also constitute a violation of the rules authorized pursuant to § 53.1-25 and the Director shall prescribe appropriate disciplinary action.

E. The Director shall maintain a master program listing, by facility and program location, of all available permanent and temporary positions. The Director may, consistent with § 53.1-43 , establish a system of pay incentives for such assignments based upon difficulty and level of effort required.

F. Inmates employed pursuant to Article 2 (§ 53.1-32 et seq.) of Chapter 2 of this title shall not be deemed employees of the Commonwealth of Virginia or its agencies and shall be ineligible for benefits under Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, Chapter 6 (§ 60.2-600 et seq.) of Title 60.2, Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 or any other provisions of the Code pertaining to the rights of state employees.

1993, c. 768; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 2001, c. 483 ; 2012, cc. 803 , 835 ; 2020, c. 759 .
Va. Code Ann. § 53.1-96 — Virginia Code / Title 53.1 / Chapter 3 / Article 4 / Section 53.1-96
County and city farms; persons who may be confined
Status: in_force

The governing body of any county or city may, within its respective jurisdiction or elsewhere, establish and maintain a farm where any person convicted and sentenced to confinement in the jail of such county or city, or sentenced to a state correctional institution, may be confined and required to do such work as may be assigned him during the term of his sentence. A local jail farm may be used to hold or confine any person who could be lawfully held or confined in a jail operated by the county or city.

The governing body or the farm board appointed to supervise and manage the farm may prescribe rules and regulations to govern the operation of the farm.

Code 1950, § 53-195; 1954, c. 193; 1970, c. 648; 1979, c. 700; 1982, c. 636; 2007, cc. 95 , 106 .
Va. Code Ann. § 53.1-197.1 — Virginia Code / Title 53.1 / Chapter 6 / Article 2 / Section 53.1-197.1
Limitation upon applicability of this article
Status: in_force

The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.

1994, 2nd Sp. Sess., cc. 1 , 2 .
Va. Code Ann. § 53.1-95.16 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.16
Issuance of revenue refunding bonds
Status: in_force

The authority is hereby authorized to provide by resolution for the issuance of its revenue refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the authority, for the additional purpose of constructing enlargements, renovations, or improvements of the project. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable.

1990, c. 837.
Va. Code Ann. § 53.1-8 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-8
Department of Corrections
Status: in_force

There shall be in the executive department a Department of Corrections responsible to the Governor. The Department shall be under the supervision and management of the Director.

Code 1950, § 53-19.5; 1974, cc. 44, 45; 1982, c. 636; 2020, c. 759 .
Va. Code Ann. § 53.1-189 — Virginia Code / Title 53.1 / Chapter 6 / Article 1 / Section 53.1-189
Forfeiture and restoration of good conduct allowance and earned sentence credits
Status: in_force

A. Except for credits allowed under § 53.1-191 , all or any part of a person's accrued good conduct allowance and earned sentence credits earned after admission to a state correctional facility on any sentence or combination of sentences being served may be forfeited in accordance with rules and regulations of the Director for violation of any written prison rules or regulations.

B. If a prisoner is convicted of escape or attempted escape from any correctional facility, such person shall, upon being returned to custody, forfeit all accrued good conduct allowance and all earned sentence credits on any sentence or combination of sentences being served, except for credits allowed under § 53.1-191 .

C. No good conduct allowance or earned sentence credit which has been forfeited shall be restored except by the Director, whose authority shall not be delegated.

Code 1950, § 53-214; 1974, c. 69; 1980, c. 485; 1981, c. 392; 1982, c. 636; 1984, c. 734; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 2020, c. 759 .
Va. Code Ann. § 53.1-129 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-129
Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners
Status: in_force

The circuit court of any county or city may, by order entered of record, allow persons confined in the jail of such county or city who are awaiting disposition of, or serving sentences imposed for, misdemeanors or felonies to work on (i) state, county, city or town property, (ii) any property owned by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) and that is organized and operated exclusively for charitable or social welfare purposes on a voluntary basis with the consent of the county, city, town or state agency or the local public service authority or upon the request of the nonprofit organization involved, (iii) private property that is part of a community improvement project sponsored by a locality or that has structures that are found to be public nuisances pursuant to §§ 15.2-900 and 15.2-906 provided that the court has reviewed and approved the project for the purposes herein and permits the prisoners to work on such project, (iv) any private property utilized by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3), or (v) private property in any locality that meets the criteria under an ordinance adopted by such locality under § 15.2-908 . The district court of any county or city may allow persons confined in the jail of such county or city who are awaiting disposition of, or serving sentences imposed for, misdemeanors to work on (a) state, county, city or town property, (b) any property owned by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) and that is organized and operated exclusively for charitable or social welfare purposes on a voluntary basis with consent of the county, city, town or state agency or the local public service authority or upon the request of the nonprofit organization involved, (c) private property that is part of a community improvement project sponsored by a locality or that has structures that are found to be public nuisances pursuant to §§ 15.2-900 and 15.2-906 provided that the court has reviewed and approved the project for the purposes herein and permits the prisoners to work on such project, (d) any private property utilized by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3), or (e) private property in any locality that meets the criteria under an ordinance adopted by such locality under § 15.2-908 . Prisoners performing work as provided in this paragraph may receive credit on their respective sentences for the work done, whether such sentences are imposed prior or subsequent to the work done, as the court orders.

The court may, by order entered of record, require a person convicted of a felony to work on state, county, city or town property, with the consent of the county, city, town or state agency or the local public service authority involved, for such credit on his sentence as the court orders.

In the event that a person other than the sheriff or jail superintendent is designated by the court to have charge of such prisoners while so working, the court shall require a bond of the person, in an amount to be fixed by the court, conditioned upon the faithful discharge of his duties. Neither the sheriff nor the jail superintendent shall be held responsible for any acts of omission or commission on the part of such person.

Any person committed to jail upon a felony offense committed on or after January 1, 1995, who receives credit on his sentence as provided in this section shall not be entitled to good conduct credit, sentence credit, earned sentence credit, other credit, or a combination of any credits in excess of that permissible under Article 4 (§ 53.1-202.2 et seq.) of Chapter 6 of this title. So much of an order of any court contrary to the provisions of Article 4 shall be deemed null and void.

Code 1950, § 53-165; 1976, c. 618; 1978, c. 609; 1982, c. 636; 1984, c. 43; 1991, c. 580; 1994, c. 269 ; 1997, cc. 134 , 546 ; 1998, c. 311 ; 1999, cc. 277 , 951 , 1007 ; 2001, cc. 185 , 196 ; 2003, cc. 818 , 820 ; 2005, c. 409 ; 2008, c. 623 ; 2010, c. 132 .
Va. Code Ann. § 53.1-61 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-61
Determination whether prisoner has dependents receiving public assistance; payment of portion of earnings; remedies for enforcement of support obligation
Status: in_force

A. In order to determine whether a prisoner to be released for employment as provided in § 53.1-60 has dependents receiving public assistance benefits, the Director may require such person to reveal the identity and residence of any dependents as a condition to release. The Director shall notify any such dependents, the local department of social services where such dependents reside and the Commissioner of Social Services of the release of such person for employment. Upon request of the local department of social services or the Commissioner of Social Services, the Director shall withhold and pay over a portion of the person's earnings as provided in § 53.1-60 .

B. If the local department of social services or the Commissioner of Social Services objects to the amount withheld by the Director, the balance credited to the person's account shall be subject to all civil remedies provided by law to the local department of social services or the Commissioner of Social Services for the enforcement of support of dependents receiving public assistance benefits.

C. The director of the local department of social services and the Commissioner of Social Services or their designees shall be permitted access to the records of the Director concerning the earnings of the prisoner.

Code 1950, § 53-38.01; 1978, c. 660; 1982, c. 636; 2002, c. 747 .
Va. Code Ann. § 53.1-160.1 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-160.1
Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain prisoners
Status: in_force

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

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 released or discharged. The Department shall notify the State Police forthwith of such actions taken pursuant to this section.

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

1994, c. 362 ; 1997, c. 747 ; 2003, c. 584 ; 2006, cc. 857 , 914 ; 2010, c. 858 .
Va. Code Ann. § 53.1-116.2:1 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-116.2:1
Jail superintendents to report certain acts of violence occurring within regional correctional facilities to law-enforcement agency; policies
Status: in_force

A. The jail superintendent of any regional correctional facility shall promptly report to the primary local law-enforcement agency in the jurisdiction where such correctional facility is located or to the Department of State Police any act of violence, as defined in § 19.2-297.1 , that occurs within such correctional facility.

B. Each regional correctional facility shall adopt a policy setting forth the procedures for the investigation of such acts of violence and the respective roles and responsibilities of the jail superintendent of such correctional facility and the law-enforcement agency to which such report is made. Each regional correctional facility shall provide a copy of such policy to the State Board of Local and Regional Jails prior to January 1 each year, beginning on January 1, 2026.

2025, c. 159 .
Va. Code Ann. § 53.1-32.2 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-32.2
Reentry planning
Status: in_force

The Department shall develop and implement, in cooperation with and taking into account the individual needs and willingness to participate of the inmate, a comprehensive reentry plan for each person committed to the supervision of the Department, as soon as practicable, considering the prisoner's anticipated release date. Such plan shall identify educational, vocational, therapeutic, and other programs necessary to prepare the person for successful transition from prison to society upon the person's discharge and shall include mentor pairing to the extent possible. The Department shall coordinate any reentry programs provided through the Department pursuant to the reentry plan with any other reentry or other relevant programs offered by any public or private organization or entity at the local, state, or federal level, which are also included in the plan.

2008, cc. 177 , 402 .
Va. Code Ann. § 53.1-150 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-150
Contributions by persons on parole, probation, and work release
Status: in_force

A. Any person who has costs assessed against him pursuant to §§ 17.1-275.1 , 17.1-275.2 , 17.1-275.7 , or § 17.1-275.8 , or subsection B or C of § 16.1-69.48:1 shall be required to pay, as specified in those sections, a sentencing/supervision fee to be deposited in the general fund of the state treasury.

All fees assessed pursuant to this section shall be paid to the clerk of the sentencing court.

B. Except when the fee referenced in subsection A has been previously assessed, any person (i) who is granted parole or (ii) who participates in a work release program pursuant to the provisions of §§ 53.1-60 and 53.1-131 shall be required to pay a fee of fifty dollars as a condition of parole or work release.

Code 1950, § 53-19.40; 1981, c. 634; 1982, cc. 492, 636; 1984, c. 668; 1988, c. 824; 1990, cc. 511, 816; 1992, c. 529; 1993, c. 195; 1994, cc. 613 , 638 ; 1994, 2nd Sp. Sess., cc. 1 , 2 ; 1999, c. 9 ; 2000, c. 1040 ; 2002, c. 831 .
Va. Code Ann. § 53.1-46 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-46
Sale of artistic products
Status: in_force

Subject to such rules as he may prescribe, the Director may permit prisoners confined in state correctional facilities to sell to the public artistic products personally crafted by the prisoners. Such artistic products shall include, but are not limited to, paintings, pottery and leatherwork.

1982, c. 636.
Va. Code Ann. § 53.1-133.06 — Virginia Code / Title 53.1 / Chapter 3 / Article 7.1 / Section 53.1-133.06
Definitions
Status: in_force

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

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

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

2025, c. 698 .
Va. Code Ann. § 53.1-202.2 — Virginia Code / Title 53.1 / Chapter 6 / Article 4 / Section 53.1-202.2
(Effective until July 1, 2028) Eligibility for earned sentence credits
Status: in_force

A. Every person who is convicted of a felony offense committed on or after January 1, 1995, and who is sentenced to serve a term of incarceration in a state or local correctional facility shall be eligible to earn sentence credits in the manner prescribed by this article. Such eligibility shall commence upon the person's incarceration in any correctional facility following entry of a final order of conviction by the committing court. As used in this chapter, "sentence credit" and "earned sentence credit" mean deductions from a person's term of confinement earned through adherence to rules prescribed pursuant to § 53.1-25 , through program participation as required by §§ 53.1-32.1 and 53.1-202.3 , and by meeting such other requirements as may be established by law or regulation. One earned sentence credit shall equal a deduction of one day from a person's term of incarceration.

B. A juvenile convicted as an adult and sentenced as a serious juvenile offender under clause (i) of subdivision A 1 of § 16.1-272 shall be eligible to earn sentence credits for the portion of the sentence served with the Department of Juvenile Justice in the manner prescribed by this article. Consideration for earned sentence credits shall require adherence to the facility's rules and the juvenile's progress toward treatment goals and objectives while sentenced as a serious juvenile offender under § 16.1-285.1 .

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2008, c. 517 .
Va. Code Ann. § 53.1-155 — Virginia Code / Title 53.1 / Chapter 4 / Article 3 / Section 53.1-155
(Effective until July 1, 2027) Investigation prior to release; transition assistance
Status: in_force

A. No person shall be released on parole by the Board until a thorough investigation has been made into the prisoner's history, physical and mental condition and character, and his conduct, employment, and attitude while in prison. All information collected through such investigation shall be made available to the prisoner or his attorney, provided that (i) neither the prisoner nor his attorney shall further disclose, reproduce, copy, or disseminate such information in any way and (ii) the Board shall redact all personal information of the victim. The Board shall also determine that his release on parole will not be incompatible with the interests of society or of the prisoner. The provisions of this section shall not be applicable to persons released on parole pursuant to § 53.1-159 .

B. An investigation conducted pursuant to this section shall include notification that a victim may submit to the Virginia Parole Board evidence concerning the impact that the release of the prisoner will have on such victim. This notification shall be sent to the last address provided to the Board by any victim of a crime for which the prisoner was incarcerated. If additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The Board shall endeavor diligently to contact the victim prior to making any decision to release any inmate on discretionary parole. The victim of a crime for which the prisoner is incarcerated may present to the Board oral, including by virtual means, or written testimony concerning the impact that the release of the prisoner will have on the victim, and the Board shall consider such testimony in its review. Once testimony is submitted by a victim, such testimony shall remain in the prisoner's parole file and shall be considered by the Board at every parole review. The victim of a crime for which the prisoner is incarcerated may submit a request in writing or by electronic means to the Board to be notified of (i) the prisoner's parole eligibility date and mandatory release date as determined by the Department of Corrections, (ii) any parole-related interview dates, and (iii) the Board's decision regarding parole for the prisoner. The victim may request that the Board only notify the victim if, following its review, the Board is inclined to grant parole to the prisoner, in which case the victim shall have 45 days to present written or oral testimony for the Board's consideration. If the victim has requested to be notified only if the Board is inclined to grant parole and no testimony, either written or oral, is received from the victim within at least 45 days of the date of the Board's notification, the Board shall render its decision based on information available to it in accordance with subsection A. The definition of victim in § 19.2-11.01 shall apply to this section.

Although any information presented by the victim of a crime for which the prisoner is incarcerated shall be retained in the prisoner's parole file and considered by the Board, such information shall not infringe on the Board's authority to exercise its decision-making authority.

C. Notwithstanding the provisions of subsection A, if a physical or mental examination of a prisoner eligible for parole has been conducted within the last 12 months, and the prisoner has not required medical or psychiatric treatment within a like period while incarcerated, the prisoner may be released on parole by the Parole Board directly from a local correctional facility.

The Department shall offer each prisoner to be released on parole or under mandatory release who has been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a transition program within six months of such prisoner's projected or mandatory release date. The program shall include advice for job training opportunities, recommendations for living a law-abiding life, and financial literacy information. The Secretary of Public Safety and Homeland Security shall prescribe guidelines to govern these programs.

Code 1950, § 53-253; 1970, c. 648; 1982, c. 636; 1987, c. 668; 1992, c. 222; 1995, cc. 687 , 778 ; 2002, c. 569 ; 2016, c. 208 ; 2021, Sp. Sess. I, c. 545 ; 2023, cc. 805 , 806 .
Va. Code Ann. § 53.1-17.8 — Virginia Code / Title 53.1 / Chapter 1 / Article 4 / Section 53.1-17.8
Annual report
Status: in_force

A. The Office shall produce an annual report to be made available to the public online and to be delivered to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, the Committee, and the Director by December 31 of each year. The report shall include:

1. A summary of the Office's inspections and complaint investigations conducted that fiscal year, including the Office's findings and recommendations and the Department responses and corrective actions;

2. A characterization of the conditions of confinement at each facility;

3. A summary of available educational and rehabilitative programming, drug and mental health treatment, and inmate jobs and vocational training at each facility;

4. A summary of visitation policies and procedures at each facility;

5. A summary of medical facilities and medical policies and procedures at each facility;

6. A summary of the lockdowns reviewed by the Office;

7. A summary of staffing at each facility;

8. A summary of physical or sexual assaults reviewed by the Office;

9. A summary of any inmate or staff deaths that occurred at each facility;

10. A summary of the Office's investigations, findings, and resolutions of any complaints submitted pursuant to § 53.1-17.7 ; and

11. Any recommendations to the General Assembly and the Department.

B. If the Office so requests, the Department shall, within the time specified, inform the Office in writing about any action taken on the recommendations included in the annual report or the reasons for not complying with such recommendations.

2024, cc. 392 , 393 .
Va. Code Ann. § 53.1-50 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-50
Vouchers, certificates and warrants not to be questioned
Status: in_force

No voucher, certificate or warrant issued on the Comptroller by any such department, institution or agency shall be questioned by him or by the State Treasurer on the ground that §§ 53.1-47 through 53.1-49 and § 53.1-52 have not been complied with by such department, institution or agency.

Code 1950, § 53-71; 1982, c. 636.
Va. Code Ann. § 53.1-133.09 — Virginia Code / Title 53.1 / Chapter 3 / Article 7.1 / Section 53.1-133.09
Training of deputy sheriffs and jail officers regarding pregnant prisoners
Status: in_force

For deputy sheriffs and jail officers employed in local or regional correctional facilities who may have contact with pregnant prisoners, the compulsory minimum entry-level training standards established pursuant to § 9.1-102 shall include training on the general care of pregnant women, the impact of restraints on pregnant prisoners and fetuses, the impact of being placed in restrictive housing or solitary confinement on pregnant prisoners, and the impact of body cavity searches on pregnant prisoners. All staff shall annually review policies related to restraining pregnant prisoners.

2025, c. 698 .
Va. Code Ann. § 53.1-128 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-128
Workforces and authorized work places
Status: in_force

The local governing body of any county, city or town may establish workforces in the county, city or town under such conditions as it may prescribe. Such workforces are authorized to work on (i) public property or works owned, leased or operated by the Commonwealth or the county, city or town; (ii) a privately operated national park on federal land; (iii) any property owned by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) or (c)(4) and that is organized and operated exclusively for charitable or social welfare purposes whether the same is located within such county, city or town, or elsewhere; or (iv) private property (a) owned or occupied by an elderly or indigent person or persons where such property has been identified by a citizens housing advisory committee as needing rehabilitation or repair and the property owner has consented to such work or (b) classified as or used as a cemetery where such property has been abandoned and where on such property exist nuisances that have been identified by a municipal corporation for abatement or removal pursuant to § 15.2-1115 or a similar local ordinance. Every person 18 years of age or older who is convicted and confined for any violation of a local ordinance and who is confined as a punishment or for failure to pay a required fine, shall be liable to work in such workforce. Every person 18 years of age or older who is confined pending disposition of an offense under Chapter 5 (§ 20-61 et seq.) of Title 20 or a criminal offense not listed in § 19.2-297.1 may work in such workforce on a voluntary basis with the approval of and under the supervision of the sheriff or his designee.

Code 1950, § 53-163; 1970, c. 648; 1982, c. 636; 1991, c. 580; 1997, cc. 123 , 546 ; 2010, c. 168 ; 2011, c. 767 ; 2019, c. 199 .
Va. Code Ann. § 53.1-90 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-90
Pay for United States prisoners
Status: in_force

Each sheriff or jail superintendent shall collect from the United States, for prisoners of the United States confined in the jail of his county, city or region, such amounts as shall be agreed upon by the governing body of the county or city or, in the case of a regional jail, the regional jail authority or, if none, the body responsible for the fiscal management of the regional jails and the appropriate authorities of the Government of the United States, which amounts shall not be less than the actual cost of feeding, clothing, caring for and furnishing medicine and medical attention for such prisoners.

Code 1950, § 53-181; 1982, c. 636; 1991, c. 383.
Va. Code Ann. § 53.1-115.2 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-115.2
Establishment of stores in regional jails and regional jail farms
Status: in_force

The superintendent of a regional jail or regional jail farm may, with the approval of the governing regional jail or jail farm board or jail authority, provide for the establishment and operation of stores or commissaries in regional jail or regional jail farm facilities to deal in such articles as he deems proper. The net profits from the operation of such stores shall be used within each facility respectively 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.

1992, c. 185; 2024, c. 402 .
Va. Code Ann. § 53.1-28 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-28
Authority to fix discharge date; improper release; warrant, arrest and hearing
Status: in_force

For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of 30 days prior to the date upon which such prisoner's term would normally expire. The Director shall provide each prisoner with the following documents upon discharge: (i) verification of the prisoner's work history while in custody; (ii) certification of all educational and treatment programs completed by the prisoner while in custody; and (iii) a copy of his medical records, so long as such prisoner requests a copy of his records at least 60 days prior to the date upon which the prisoner's term would expire. The Department shall develop procedures wherein the records are to be made available to the prisoner in a safe and secure manner.

The Director or his designee upon the discovery of an improper release or discharge of a prisoner from custody shall report such release or discharge to the circuit court of the jurisdiction wherein the prisoner was released or discharged. The circuit court shall then issue a warrant for the arrest of the prisoner which may be executed by any duly sworn correctional officer or law-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility from which he was released or discharged, or to any other correctional facility designated by the Director to serve the remainder of his sentence.

Code 1950, § 53-37; 1964, c. 140; 1968, c. 303; 1982, c. 636; 2006, cc. 108 , 132 .
Va. Code Ann. § 53.1-202 — Virginia Code / Title 53.1 / Chapter 6 / Article 3 / Section 53.1-202
Good conduct allowance for previous confinement; entry level
Status: in_force

Upon receipt by the Department, persons who have been confined while awaiting transfer to a state correctional facility shall be credited with such time as is certified to the Department in accordance with §§ 53.1-116 and 53.1-129 and as is otherwise provided by law. Certified good conduct allowance shall be applied to reduce the person's maximum term of confinement, and one-half of such credit shall be applied to reduce the period of time the person shall serve before being eligible for parole.

After admission to a state correctional facility, a person shall be credited at the rate of fifteen days for each thirty days of time served with satisfactory conduct. The person shall remain in this credit level until classified in accordance with § 53.1-201 .

Code 1950, § 53-209.5; 1981, c. 392; 1982, c. 636.
Va. Code Ann. § 53.1-36 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-36
Prisoners may assist in medical research programs
Status: in_force

Subject to the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1, the Director may permit such prisoners as may volunteer to undergo experimental treatment or tests in state or federal medical research programs.

Code 1950, § 53-57.1; 1962, c. 48; 1982, c. 636; 1992, c. 603.
Va. Code Ann. § 53.1-67.2 — Virginia Code / Title 53.1 / Chapter 2 / Article 6 / Section 53.1-67.2
Purpose
Status: in_force

The purposes of this article are to (i) provide effective protection of society and (ii) provide efficient and economical correctional services by establishing and maintaining appropriate sanction alternatives and by assisting state-responsible offenders who are incarcerated in returning to society as productive citizens, with the goal of reducing the incidence of repeat offenders.

1994, 2nd Sp. Sess., cc. 1 , 2 .
Va. Code Ann. § 53.1-66 — Virginia Code / Title 53.1 / Chapter 2 / Article 4 / Section 53.1-66
Transfer of prisoners to other facilities
Status: in_force

Any person confined by the Department in a facility established by this chapter may be transferred from such facility to other facilities in the state corrections system for the remainder of the period of commitment under § 16.1-272 or Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2, upon a written finding by the Department submitted to the sentencing court that the person has exhibited intractable behavior or, in the case of persons committed under § 19.2-311 , otherwise becomes ineligible to use such facilities pursuant to § 19.2-311 .

"Intractable behavior" means behavior which (i) indicates an inmate's unwillingness or inability to conform his behavior to that necessary to his successful completion of the program or (ii) is so disruptive as to threaten the successful completion of the program by other participants.

Code 1950, § 53-128.4; 1966, c. 482; 1982, c. 636; 1990, c. 701; 1996, cc. 755 , 914 .
Va. Code Ann. § 53.1-33.1 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-33.1
Mandatory testing for human immunodeficiency virus
Status: in_force

The Department shall offer to test each inmate, who does not have a record of a positive test result, for infection with human immunodeficiency virus within 60 days of the scheduled discharge of the inmate from a state correctional facility. Prior to administering a test for human immunodeficiency virus, the Department shall inform, or cause to be informed, the inmate to be tested of the purpose of the test. Any inmate may choose not to be tested.

2011, cc. 398 , 415 .
Va. Code Ann. § 53.1-10.1 — Virginia Code / Title 53.1 / Chapter 1 / Article 3 / Section 53.1-10.1
Virginia Prison Education Task Force
Status: in_force

A. There is hereby established the Virginia Prison Education Task Force (the Task Force) for the purpose of implementing a consistent education program across all state correctional facilities operated by the Department.

B. The Task Force shall be administered by the Secretary of Finance and shall consist of the following members: (i) two members of the Senate who are not members of the same political party, to be appointed by the Senate Committee on Rules; (ii) two members of the House of Delegates who are not members of the same political party, to be appointed by the Speaker of the House of Delegates; (iii) the Secretary of Finance or his designee; (iv) the Secretary of Education or his designee; (v) the Secretary of Labor or his designee; (vi) the Secretary of Commerce and Trade or his designee; (vii) the Director of the Department of Corrections or his designee; (viii) the Commissioner of the Department of Workforce Development and Advancement or his designee; (ix) the Chief Information Officer of the Virginia Information Technologies Agency or his designee; (x) the Chancellor of the Virginia Community College System or his designee; (xi) the Director of the Department of Housing and Community Development or his designee; (xii) the Research Director of the Virginia Office of Education Economics or his designee; (xiii) the President of the Virginia Chamber of Commerce or his designee; (xiv) the Executive Director of the State Council of Higher Education for Virginia or his designee; (xv) the Superintendent of Public Instruction or his designee; (xvi) three formerly incarcerated individuals to be appointed by the Secretary of Finance, including one individual who was enrolled in the Department of Corrections' Adult Basic Education program while incarcerated, one individual who was enrolled in postsecondary coursework while incarcerated, and one individual who was not able to access education services while incarcerated; (xvii) a member of a faith-based organization with expertise in prison higher education to be appointed by the Secretary of Finance; (xviii) a member of a criminal justice advocacy organization to be appointed by the Secretary of Finance; (xix) a representative with expertise in management of state education and workforce data to be appointed by the Secretary of Finance; and (xx) any other stakeholders as may be appropriate to be appointed by the Secretary of Finance.

C. The Secretary of Finance shall serve as the chair of the Task Force.

D. A majority of the members of the Task Force shall constitute a quorum. The Task Force shall meet at least four times a year and upon the call of the chair or at the request of a majority of the members.

E. The Task Force shall propose recommendations on the development and implementation of a consistent education program across all state correctional facilities operated by the Department of Corrections. In proposing such recommendations, the Task Force shall (i) analyze existing and potential state and federal funding programs and develop a strategy to maximize securement and use of available funds; (ii) assess additional budget requests to meet the goals of implementation of the education programs; (iii) review and support development of the interagency agreements between the Department of Corrections, the Superintendent of Public Instruction, the Chancellor of the Virginia Community College System, and the Chief Information Officer of the Virginia Information Technologies Agency; (iv) propose ways to advise and support the Department of Corrections in developing a strategy to reduce waitlists for participation in the literacy and education programs proposed for implementation; (v) study and recommend the most effective ways to facilitate data collection, sharing, and analysis relating to prison education; (vi) study and recommend the most effective ways to increase technological infrastructure in all state correctional facilities operated by the Department of Corrections to support education; (vii) study and recommend the most effective ways to establish reentry supports to facilitate positive employment outcomes post-release; (viii) propose best practices to conduct regular evaluations of program effectiveness, outcomes, and conditions to inform education program improvement; and (ix) study and make recommendations for setting and meeting average mandatory program hours provided in subsection C of § 53.1-32.1 with available resources.

F. 1. The Task Force shall establish a Higher Education Advisory Group (the Advisory Group), which shall, at a minimum, consist of the following members of the Task Force: the Commissioner of the Department of Workforce Development and Advancement, the Chancellor of the Virginia Community College System, the Director of the Department of Corrections, and the Chief Information Officer of the Virginia Information Technologies Agency, or their designees, a member of a faith-based organization with expertise in prison higher education, and an active circuit court judge.

2. The Advisory Group shall propose recommendations on a potential interagency agreement between the Chancellor of the Virginia Community College System and the Department of Corrections; necessary technology infrastructure to meet the needs of higher education staff in state correctional facilities operated by the Department of Corrections; and necessary technology tools to provide incarcerated students coursework commensurate with that provided to nonincarcerated students, including a learning management system, research library access, advising, synchronous teleconference instruction, application suites, and long-term storage for students' academic resource materials and work products.

2026, c. 725 .
Va. Code Ann. § 53.1-131.2 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-131.2
Assignment to a home/electronic incarceration program; payment to defray costs; escape; penalty
Status: in_force

A. For purposes of this section, "postpartum person" means a person in postpartum recovery, as that term is defined in § 53.1-133.06 .

B. Any court having jurisdiction for the trial of a person charged with a criminal offense, a traffic offense or an offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or failure to pay child support pursuant to a court order may, if the defendant is convicted and sentenced to confinement in a state or local correctional facility, and if it appears to the court that such an offender is a suitable candidate for home/electronic incarceration, assign the offender to a home/electronic incarceration program as a condition of probation, if such program exists, under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole district office established pursuant to § 53.1-141 . However, any offender who is convicted of any of the following violations of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 shall not be eligible for participation in the home/electronic incarceration program: (i) first and second degree murder and voluntary manslaughter under Article 1 (§ 18.2-30 et seq.); (ii) mob-related felonies under Article 2 (§ 18.2-38 et seq.); (iii) any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.); (iv) any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.); (v) robbery under § 18.2-58.1 ; or (vi) any criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.). The court may further authorize the offender's participation in work release employment or educational or other rehabilitative programs as defined in § 53.1-131 or, as appropriate, in a court-ordered intensive case monitoring program for child support. The court shall be notified in writing by the director or administrator of the program to which the offender is assigned of the offender's place of home/electronic incarceration, place of employment, and the location of any educational or rehabilitative program in which the offender participates.

C. Any court having jurisdiction for the trial of a pregnant person, or postpartum person who still has contact with their infant child, charged with a criminal offense, a traffic offense, an offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or failure to pay child support pursuant to a court order shall, if the defendant is convicted and sentenced to confinement in a state or local correctional facility and is a suitable candidate, assign the offender to a home/electronic incarceration program, if such program exists, under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole district office established pursuant to § 53.1-141 . However, such an offender is not eligible for a home/electronic incarceration program if there is probable cause to believe that (i) the offender will not appear for trial or hearing or at such other time and place as may be directed or (ii) the offender's liberty will constitute an unreasonable danger to such person, such person's family or household members as defined in § 16.1-228 , or the public. Such an offender who is convicted of any of the following violations of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 shall not be eligible for participation in the home/electronic incarceration program: (a) first and second degree murder and voluntary manslaughter under Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2; (b) mob-related felonies under Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2; (c) any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2; (d) any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2; (e) robbery under § 18.2-58 ; or (f) any criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. The court may further authorize the offender's participation in work release employment or educational or other rehabilitative programs as defined in § 53.1-131 or, as appropriate, in a court-ordered intensive case monitoring program for child support. The court shall be notified in writing by the director or administrator of the program to which the offender is assigned of the offender's place of home/electronic incarceration and place of employment and the location of any educational or rehabilitative program in which the offender participates. A postpartum person may continue to be eligible for participation in the home/electronic incarceration program after the period of postpartum recovery, as that term is defined in § 53.1-133.06 , has ended, so long as such person remains a suitable candidate for home/electronic incarceration.

D. In any city or county in which a home/electronic incarceration program established pursuant to this section is available, the court, subject to approval by the sheriff or the jail superintendent of a local or regional jail, may assign the accused to such a program pending trial if it appears to the court that the accused is a suitable candidate for home/electronic incarceration and shall assign the accused to such a program pending trial if the accused is a pregnant or postpartum person who still has contact with their infant child. However, such an offender is not eligible for a home/electronic incarceration program if there is probable cause to believe that (i) the offender will not appear for trial or hearing or at such other time and place as may be directed or (ii) the offender's liberty will constitute an unreasonable danger to such person, such person's family or household members as defined in § 16.1-228 , or the public. Such a person remains eligible for bond, as defined in § 19.2-119 . A postpartum person may continue to be eligible for participation in the home/electronic incarceration program after the period of postpartum recovery, as that term is defined in § 53.1-133.06 , has ended, so long as such person remains a suitable candidate for home/electronic incarceration.

E. Any person who has been sentenced to jail or convicted and sentenced to confinement in prison but is actually serving his sentence in jail, after notice to the attorney for the Commonwealth of the convicting jurisdiction, may be assigned by the sheriff to a home/electronic incarceration program under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole office established pursuant to § 53.1-141 . However, if the offender violates any provision of the terms of the home/electronic incarceration agreement, the offender may have the assignment revoked and, if revoked, shall be held in the jail facility to which he was originally sentenced. Such person shall be eligible if his term of confinement does not include a sentence for a conviction of a felony violent crime, a felony sexual offense, burglary, or manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a Schedule I or Schedule II controlled substance. The court shall retain authority to remove the offender from such home/electronic incarceration program. The court that sentenced the offender shall be notified in writing by the sheriff or the administrator of a local or regional jail of the offender's place of home/electronic incarceration and place of employment or other rehabilitative program.

F. The Board may prescribe regulations to govern home/electronic incarceration programs, and the Director may prescribe rules to govern home/electronic incarceration programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141 .

G. Any offender or accused assigned to such a program by the court or sheriff who, without proper authority or just cause, leaves his place of home/electronic incarceration, the area to which he has been assigned to work or attend educational or other rehabilitative programs, including a court-ordered intensive case monitoring program for child support, or the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor. An offender or accused who is found guilty of a violation of this section shall be ineligible for further participation in a home/electronic incarceration program during his current term of confinement.

H. The director or administrator of a home/electronic incarceration program who also operates a residential program may remove an offender from a home/electronic incarceration program and place him in such residential program if the offender commits a noncriminal program violation. The court shall be notified of the violation and of the placement of the offender in the residential program.

I. The director or administrator of a home/electronic incarceration program may charge the offender or accused a fee for participating in the program that shall be used for the cost of home/electronic incarceration equipment. The offender or accused shall be required to pay the program for any damage to the equipment that is in his possession or for failure to return the equipment to the program.

J. Any wages earned by an offender or accused assigned to a home/electronic incarceration program and participating in work release shall be paid to the director or administrator after standard payroll deductions required by law. Distribution of the money collected shall be made in the following order of priority to:

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

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

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

4. Defray the offender's keep.

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

The State Board of Local and Regional Jails shall promulgate regulations governing the receipt of wages paid to persons participating in such programs, except programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141 , the withholding of payments, and the disbursement of appropriate funds. The Director shall prescribe rules governing the receipt of wages paid to persons participating in such programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141 , the withholding of payments, and the disbursement of appropriate funds.

K. For the purposes of this section, "sheriff" means the sheriff of the jurisdiction where the person charged with the criminal offense was convicted and sentenced, provided that the sheriff may designate a deputy sheriff or regional jail administrator to assign offenders to home/electronic incarceration programs pursuant to this section.

1989, c. 476; 1990, c. 209; 1991, cc. 278, 428; 1992, c. 604; 1994, cc. 612 , 659 , 688 , 720 , 841 , 945 ; 2000, c. 423 ; 2002, c. 800 ; 2010, c. 682 ; 2020, cc. 10 , 759 ; 2026, c. 1073 .
Va. Code Ann. § 53.1-53 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-53
Transfer or sale of by-products of manufacturing processes
Status: in_force

In those industries operated by the Department in which saleable by-products are generated while producing primary products, such by-products shall not be classified as surplus supplies or equipment. Such by-products shall be disposed of as provided in § 2.2-1124 . Proceeds from the sale of such by-products shall be paid into the state treasury and credited to the special funds account of the generating industry.

1982, c. 636.
Va. Code Ann. § 53.1-40.14 — Virginia Code / Title 53.1 / Chapter 2 / Article 2.2 / Section 53.1-40.14
Reporting requirement
Status: in_force

A. The warden or other official in charge of a state correctional facility that houses women prisoners shall compile a monthly summary of all written reports received pursuant to §§ 53.1-25.1 , 53.1-40.12 , and 53.1-40.13 and shall submit the summary to the Director each month.

B. The warden or other official in charge of a state correctional facility that houses women prisoners shall compile a monthly summary of all of the following and submit such summary to the Director each month:

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

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

3. The number of women prisoners in the facility;

4. The total number of prisoners in the facility;

5. The number of deaths of prisoners in the facility;

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

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

The summary required by this subsection shall also be submitted to the Maternal Mortality Review Team, created pursuant to § 32.1-283.8 , and the Chairs of the House and Senate Committees for Courts of Justice.

2020, c. 526 ; 2026, c. 685 .
Va. Code Ann. § 53.1-40.02 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-40.02
Conditional release of terminally ill prisoners
Status: in_force

A. As used in this section, "terminally ill" means having a chronic or progressive medical condition caused by injury, disease, or illness where the medical prognosis is the person's death within 12 months.

B. Any person serving a sentence imposed upon a conviction for a felony offense, except as provided in subsection C, who is terminally ill may petition the Parole Board for conditional release.

C. A person who is terminally ill and is serving a sentence imposed upon a conviction for one of the following offenses shall not be eligible to petition the Parole Board for conditional release:

1. A Class 1 felony;

2. Any violation of § 18.2-32 , 18.2-32.1 , 18.2-32.2 , or 18.2-33 ;

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

4. Any violation of § 18.2-46.5 , subsection A or B of § 18.2-46.6 , or § 18.2-46.7 ;

5. Any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2, except for a violation of § 18.2-49.1 ;

6. Any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, any violation of § 18.2-51.7 , 18.2-54.1 , or 18.2-54.2 , or any felony violation of § 18.2-57.2 ;

7. Any felony violation of § 18.2-60.3 ;

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

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

10. Criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, except, when not committed against a minor, a violation of subdivision A 5 of § 18.2-67.3 , § 18.2-67.4:1 , subsection B of § 18.2-67.5 , or § 18.2-67.5:1 ;

11. Any violation of § 18.2-90 or 18.2-93 ;

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

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

14. Any felony offense in Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2 involving a minor victim, except for a violation of § 18.2-362 or 18.2-370.5 or subsection B of § 18.2-371.1 ;

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

16. Any violation of § 18.2-481 , 40.1-100.2 , or 40.1-103 ; or

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

a. Voluntary or involuntary manslaughter under Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2 or any crime punishable as such;

b. Any violation of § 18.2-41 or 18.2-42.1 ;

c. Any violation of subsection C of § 18.2-46.6 ;

d. Any violation when done unlawfully but not maliciously of § 18.2-51 or 18.2-51.1 ;

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

f. Any violation of § 18.2-89 with the intent to commit any larceny or § 18.2-92 ;

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

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

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

D. The Parole Board shall promulgate regulations to implement the provisions of this section.

2020, Sp. Sess. I, cc. 33 , 52 ; 2026, c. 1040 .
Va. Code Ann. § 53.1-23 — Virginia Code / Title 53.1 / Chapter 2 / Article 1 / Section 53.1-23
Fingerprints, photographs and description
Status: in_force

A. Photographs, fingerprints, and a description of each person received by the Department shall be taken and filed for identification purposes. If the person is serving a sentence for an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390 , such photographs, fingerprints, and description of such person received by the Department shall be provided to the Central Criminal Records Exchange and, unless otherwise prohibited by law, may be classified and filed as part of the criminal history record information of that person. Subject to the provisions of §§ 19.2-387 through 19.2-392 , the Department shall cooperate with federal, state, county, and city law-enforcement agencies, insofar as it may deem proper, in disclosing information concerning such persons and in the taking of fingerprints and photographs of persons charged with the commission of an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390 .

B. The Department shall review each person's criminal history record at least 60 days prior to his scheduled release from a state correctional facility to determine whether all offenses for which that person has been committed appear on such record and, if any such offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 does not appear, (i) take and provide fingerprints and a photograph of the person to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information pursuant to subsection D of § 19.2-390 and (ii) provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that such offense does not appear on the offender's criminal history record.

Code 1950, § 53-40; 1970, c. 648; 1982, c. 636; 2019, cc. 782 , 783 .
Va. Code Ann. § 53.1-40 — Virginia Code / Title 53.1 / Chapter 2 / Article 2 / Section 53.1-40
Appointment of counsel for indigent prisoners
Status: in_force

The judge of a circuit court in whose county or city a state correctional facility is located shall, on motion of the attorney for the Commonwealth for such county or city, when he is requested so to do by the superintendent or warden of a state correctional facility, appoint, for a period of no less than thirty days nor more than one year, one or more discreet and competent attorneys-at-law to counsel and assist indigent prisoners therein confined regarding any legal matter relating to their incarceration.

An attorney so appointed shall be paid as directed by the court from the criminal fund reasonable compensation on an hourly basis and necessary expenses based upon monthly reports to be furnished the court by him.

Code 1950, § 53-21.2; 1972, c. 773; 1979, c. 700; 1982, c. 636; 1997, c. 207 .
Va. Code Ann. § 53.1-89 — Virginia Code / Title 53.1 / Chapter 3 / Article 3 / Section 53.1-89
Repealed
Status: repealed

Repealed by Acts 1983, c. 358.
Va. Code Ann. § 53.1-127 — Virginia Code / Title 53.1 / Chapter 3 / Article 6 / Section 53.1-127
Who may enter interior of local correctional facilities; searches of those entering
Status: in_force

A. Members of the local governing bodies that participate in the funding of a local correctional facility may go into the interior of that facility. The Governor, members of the General Assembly, and agents of the Board may go into the interior of any local correctional facility. In addition, Department of Corrections staff and state and local health department staff shall, in the performance of their duties, have access to the interior of any local correctional facility subject to the standards promulgated pursuant to subsections A and B of § 53.1-68 . Attorneys shall be permitted in the interior of a local correctional facility to confer with prisoners who are their clients and with prisoners who are witnesses in cases in which they are involved. Except for the announced or unannounced inspections authorized pursuant to subsections A and B of § 53.1-68 or a review conducted pursuant to § 53.1-69.1 , the sheriff, jail administrator, or other person in charge of the facility shall prescribe the time and conditions under which attorneys and other persons may enter the local correctional facility for which he is responsible.

B. Any person seeking to enter the interior of any local correctional facility shall be subject to a search of his person and effects. Such search shall be performed in a manner reasonable under the circumstances and may be a condition precedent to entering a local correctional facility.

1982, c. 636; 1995, c. 797 ; 2017, c. 759 ; 2022, c. 277 .
Va. Code Ann. § 53.1-68 — Virginia Code / Title 53.1 / Chapter 3 / Article 1 / Section 53.1-68
Minimum standards for local correctional facilities and lock-ups; health inspections, behavioral health services inspections, and personnel; access to counsel for inmates in local, regional, or community correctional facilities
Status: in_force

A. The Board shall establish minimum standards for the construction, equipment, administration, and operation of local correctional facilities, whether heretofore or hereafter established. However, no minimum standard shall be established that includes square footage requirements in excess of accepted national standards. The Board or its agents shall conduct at least one unannounced inspection of each local facility annually. However, in those years in which a certification audit of a facility is performed and the facility is in compliance with all the standards, the Board may elect to suspend the unannounced inspection based upon that certification audit and the history of compliance of the facility with the standards promulgated in accordance with this section, except in any year in which there is a change in the administration of a local or regional jail. The Board shall also establish minimum standards for the construction, equipment, and operation of lock-ups, whether heretofore or hereafter established. However, no minimum standard shall be established that includes square footage requirements in excess of accepted national standards.

B. Standards concerning sanitation in local correctional facilities and procedures for enforcing these standards shall be promulgated by the Board with the advice and guidance of the State Health Commissioner. The Board, in conjunction with the Board of Health, shall establish a procedure for the conduct of at least one unannounced annual health inspection by the State Health Commissioner or his agents of each local correctional facility. The Board and the State Health Commissioner may authorize such other announced or unannounced inspections as they consider appropriate.

C. The Board shall establish minimum standards for behavioral health services in local correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and the State Inspector General.

Such standards shall include:

1. Requirements for behavioral health services provided in jails, including requirements for (i) behavioral health screening of individuals committed to local correctional facilities; (ii) referral of individuals committed to local correctional facilities for whom a behavioral health screening indicates reason to believe the person may have mental illness to a behavioral health service provider for a behavioral health assessment; and (iii) the provision of behavioral health services in local correctional facilities, as well as regulations directing the sharing of medical and mental health information and records in accordance with § 53.1-133.03 . Requirements related to behavioral health screenings and assessments shall include a requirement that in cases in which there is reason to believe an individual is experiencing acute mental health distress or is at risk for suicide, (a) staff of the local correctional facility shall consult with the behavioral health service provider to implement immediate interventions and shall provide ongoing monitoring to ensure the safety of the individual and (b) the behavioral health assessment shall be completed within 72 hours of completion of the behavioral health screening, except that if the 72-hour period ends on a day that is a Saturday, Sunday, or legal holiday, the assessment shall be completed by the close of business on the next day that is not a Saturday, Sunday, or legal holiday;

2. Requirements for discharge planning for individuals with serious mental illness assessed as requiring behavioral health services upon release from the local correctional facility, which shall include (i) creation of a discharge plan, as soon as practicable after completion of the assessment required pursuant to subdivision 1, and (ii) coordination of services and care with community providers, community supervision agencies, and, as appropriate, the individual's family in accordance with the discharge plan until such time as the individual has begun to receive services in accordance with the discharge plan or for a period of 30 days following release from the local correctional facility, whichever occurs sooner. Discharge plans shall ensure access to the full continuum of care for the individual upon release from the local correctional facility and shall include provisions for (a) linking the individual for whom the discharge plan has been prepared to the community services board in the jurisdiction in which he will reside following release and to other supports and services necessary to meet his service needs and (b) communication of information regarding the individual's treatment needs and exchange of treatment records among service providers;

3. A requirement for at least one unannounced annual inspection of each local correctional facility by the Board or its agents to determine compliance with the standards for behavioral health services established pursuant to this subsection and such other announced or unannounced inspections as the Board may deem necessary to ensure compliance with the standards for behavioral health services established pursuant to this subsection; and

4. Provisions for the billing of the sheriff in charge of a local correctional facility or superintendent of a regional correctional facility by and payment by such sheriff or superintendent to a community services board that provides behavioral health services in the local correctional facility, in accordance with § 53.1-126 .

D. The Board shall establish standards to ensure access to counsel, including access to attorneys, paralegals, investigators, and other legal staff, for inmates held in any local, regional, or community correctional facility. Notwithstanding any other provision of law, the Board shall adhere to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) in promulgating these standards. Such standards shall include:

1. A requirement that, subject to safety, space, and resource constraints, inmates have in-person access to counsel in a confidential setting inside the facility, as well as access to counsel via secure and confidential telephone or video conference that is not recorded or monitored by any person. Access to counsel, either in person or via telephone or video conference, shall be available during regular business hours and at least some evenings and weekend days each week;

2. A requirement that local, regional, and community correctional facility policies and procedures for requesting and scheduling access to counsel be publicly posted and that counsel be promptly notified if their scheduled legal visit must be delayed, canceled, or otherwise restricted; and

3. A requirement that any denial or postponement of access to counsel be approved by a supervisor working in the correctional facility and accompanied by a rationale explaining the denial or postponement, which shall be provided in writing upon request of counsel.

E. The Department of Criminal Justice Services, in accordance with § 9.1-102 , shall establish minimum training standards for persons designated to provide courthouse and courtroom security pursuant to the provisions of § 53.1-120 and for persons employed as jail officers or custodial officers under the provisions of this title. The sheriff shall establish minimum performance standards and management practices to govern the employees for whom the sheriff is responsible.

F. The superintendent of a regional jail or jail farm shall establish minimum performance standards and management practices to govern the employees for whom the superintendent is responsible.

Code 1950, § 53-133; 1982, c. 636; 1991, c. 383; 1992, c. 179; 1994, c. 861 ; 1995, c. 797 ; 1997, c. 644 ; 2000, c. 256 ; 2019, c. 827 ; 2021, Sp. Sess. I, c. 179 ; 2026, c. 73 .
Va. Code Ann. § 53.1-5.1 — Virginia Code / Title 53.1 / Chapter 1 / Article 2 / Section 53.1-5.1
Repealed
Status: repealed

Repealed by Acts 2020, c. 759 , cl. 2.
Va. Code Ann. § 53.1-95.13 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.13
Revenues and proceeds from sale of bonds
Status: in_force

All moneys received pursuant to the provisions of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this article. An authority created pursuant to this article may provide for the payment of its revenues to such officer, board, or depository as it may designate for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. The authority shall, in the resolution authorizing the bonds or in the trust agreement securing such bonds, provide for the payment of the proceeds of the sale of the bonds to a trustee, which shall be any trust company or bank having the powers of a trust company within or without the Commonwealth, which shall act as trustee of the funds, and hold and apply the same to the purposes of this article, subject to such regulations as this article and such resolution or trust agreement may provide. The trustee may invest and reinvest such funds in such securities as may be provided in the resolution authorizing the bonds or in the trust agreement securing such bonds.

1990, c. 837.
Va. Code Ann. § 53.1-55 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-55
Sale or exchange of goods manufactured by prisoners of other states
Status: in_force

It shall be unlawful for any person within this Commonwealth to buy or acquire by exchange on the open market, either for his own use or for the purpose of resale, or for any person to sell or exchange on the open market within this Commonwealth, any goods, wares or merchandise prepared in whole or in part, or manufactured by prisoners of any other state, other than prisoners on parole or probation.

Any person or any agent or manager for any person who shall violate any provision of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than $500 or imprisonment for not more than one year, or both in the discretion of the court or jury trying the case.

Code 1950, § 53-74; 1982, c. 636.
Va. Code Ann. § 53.1-146 — Virginia Code / Title 53.1 / Chapter 4 / Article 2 / Section 53.1-146
Use of officers as to persons convicted of local violations; payment of expenses
Status: in_force

Upon request of the governing body of a county, city or town, the probation and parole officer shall perform the same duties and have the same powers as to persons convicted for violations of ordinances of the county, city or town as he has as to persons violating laws of the Commonwealth. The county, city or town so using the services of a probation and parole officer shall pay a pro rata part of his expenses to be arrived at by mutual agreement between the local governing body and the Department.

Code 1950, § 53-249; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636.
Va. Code Ann. § 53.1-202.4 — Virginia Code / Title 53.1 / Chapter 6 / Article 4 / Section 53.1-202.4
Director to establish certain rules, criteria, etc
Status: in_force

The Director shall:

1. Establish the criteria upon which a person shall be deemed to have earned sentence credits;

2. Establish the bases upon which earned sentence credits may be forfeited;

3. Establish the number of earned sentence credits which will be forfeited for violations of various (i) institutional rules, (ii) program participation requirements or (iii) other requirements for the retention of sentence credits; and

4. Establish such additional requirements for the earning of sentence credits as may be deemed advisable and as are consistent with the purposes of this article.

1994, 2nd Sp. Sess., cc. 1 , 2 ; 2020, c. 759 .
Va. Code Ann. § 53.1-199 — Virginia Code / Title 53.1 / Chapter 6 / Article 3 / Section 53.1-199
Eligibility for good conduct allowance; application
Status: in_force

Every person who, on or after July 1, 1981, has been convicted of a felony and every person convicted of a misdemeanor and to whom the provisions of §§ 53.1-151 , 53.1-152 or § 53.1-153 apply, and every person who, in accordance with § 53.1-198 , chooses the system of good conduct allowances set out herein, may be entitled to good conduct allowance not to exceed the amount set forth in § 53.1-201 . Such good conduct allowance shall be applied to reduce the person's maximum term of confinement while he is confined in any state correctional facility. One-half of the credit allowed under the provisions of § 53.1-201 shall be applied to reduce the period of time a person shall serve before being eligible for parole.

Any person who, on or after July 1, 1993, has been sentenced upon a conviction of murder in the first degree, rape in violation of § 18.2-61 , forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and any person who has been sentenced to a term of life imprisonment or two or more life sentences shall be classified within the system established by § 53.1-201 . Such person shall be eligible for no more than ten days good conduct credit for each thirty days served, regardless of the class to which he is assigned. One-half of such credit shall be applied to reduce the period of time he shall serve before being eligible for parole. Additional good conduct credits may be approved by the Director for such persons in accordance with § 53.1-191 .

Code 1950, § 53-209.2; 1981, c. 392; 1982, c. 636; 1993, c. 491; 2020, c. 759 .
Va. Code Ann. § 53.1-110 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-110
Oath and bond of superintendent and jail officers
Status: in_force

Before entering upon the duties of their office the superintendent and jail officers shall take and subscribe the oath prescribed by § 49-1 . The board shall require the superintendent and jail officers to participate in the blanket surety bond plan for state and local employees established in § 2.2-1840 .

Code 1950, § 53-206.7; 1956, c. 681; 1982, c. 636; 1991, c. 383; 1995, c. 5 .
Va. Code Ann. § 53.1-171 — Virginia Code / Title 53.1 / Chapter 4 / Article 5 / Section 53.1-171
Record of hearing
Status: in_force

A record of the hearing held pursuant to this article shall be made and preserved.

Code 1950, § 53-290.4; 1975, c. 39; 1982, c. 636.
Va. Code Ann. § 53.1-95.11 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.11
Trust agreements
Status: in_force

In the discretion of an authority created pursuant to this article, any bonds issued under the provisions of this article may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the Commonwealth. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the charges and other revenues to be received, but shall not convey or mortgage the project or any part thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the project, the rates to be charged for services, and the custody, safeguarding, and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of the project.

1990, c. 837.
Va. Code Ann. § 53.1-215 — Virginia Code / Title 53.1 / Chapter 8 / Section 53.1-215
Designation of central administrator and information agent
Status: in_force

The Attorney General is hereby authorized and empowered to designate the officers who shall serve as central administrator of and information agent for the Agreement on Detainers pursuant to the provisions of Article VII of the agreement.

Code 1950, § 53-304.7; 1970, c. 407; 1982, c. 636.
Va. Code Ann. § 53.1-43 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-43
Pay incentives for prisoners
Status: in_force

The Director may establish a system of pay incentives for prisoners confined in any state correctional facility. Such system may provide for the payment of a bonus to any prisoner who is assigned to employment in any position of responsibility or who performs his job in an exemplary manner.

Code 1950, § 53-222; 1968, c. 590; 1982, c. 636; 2020, c. 759 .
Va. Code Ann. § 53.1-95.19 — Virginia Code / Title 53.1 / Chapter 3 / Article 3.1 / Section 53.1-95.19
State reimbursement
Status: in_force

An authority created pursuant to this article shall be eligible to receive state reimbursement for jail construction and operation in accordance with the provisions of Article 3 (§ 53.1-80 et seq.) of this chapter. State reimbursement for the cost of the project shall be made to the authority and shall be determined as if each participating political subdivision in the authority had contributed its pro rata share of such cost. However, when an authority created pursuant to this article enters into an agreement with one or more political subdivisions not participating in the authority for the purpose of construction and operating a jail, that share of the state reimbursement due to any political subdivision not participating in the authority shall be made directly to such political subdivision in accordance with the provisions of Article 3 of this chapter. The Commonwealth shall fund the positions of superintendent, correctional officers, and two-thirds of the salaries of required medical or treatment personnel on a basis approved by the State Compensation Board. Such salaries shall be paid in the manner provided in § 15.2-1609.2 , and such section shall be applicable mutatis mutandis to such superintendent.

The superintendent of the correctional facility shall report on the first day of each month to the Director of the State Department of Corrections to give the record of each prisoner received during the preceding month on blank forms to be furnished by the Director, to state whether the offense for each prisoner is for violation of state law or of city or town ordinance. The report shall be signed by both the superintendent and chairman of the authority. Either signer found guilty of willfully falsifying the information contained in such report shall be guilty of a Class 1 misdemeanor.

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

1990, c. 837.
Va. Code Ann. § 53.1-133.03 — Virginia Code / Title 53.1 / Chapter 3 / Article 7 / Section 53.1-133.03
Exchange of medical and mental health information and records
Status: in_force

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

1. The person in charge of the facility, or his designee, when such information and records are necessary (i) for the provision of health care to the person committed, (ii) to protect the health and safety of the person committed or other residents or staff of the facility, or (iii) to maintain the security and safety of the facility. Such information and records of any person committed to jail and transferred to another correctional facility may be exchanged among administrative personnel of the correctional facilities involved and of the administrative personnel within the holding facility when there is reasonable cause to believe that such information is necessary to maintain the security and safety of the holding facility, its employees, or prisoners. The information exchanged shall continue to be confidential and disclosure shall be limited to that necessary to ensure the security and safety of the facility.

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

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

4. Officials of the facilities involved and officials within the holding facility for the purpose of formulating recommendations for treatment and rehabilitative programs; classification, security and work assignments; and determining the necessity for medical, dental and mental health care, treatment and other such programs.

5. Medical and mental health hospitals and facilities, both public and private, including community services boards and health departments, for use in treatment while committed to jail or a correctional facility while under supervision of a probation or parole officer.

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

B. Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. § 2.11 et seq., shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in §§ 32.1-36.1 and 32.1-116.3 .

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

D. Nothing contained in this section shall prohibit the release of records to the Department of Health Professions or health regulatory boards consistent with Subtitle III (§ 54.1-2400 et seq.) of Title 54.1.

E. Except for any information and records not subject to this section or not permitted to be disclosed pursuant to subsection B, any health care provider as defined in § 32.1-127.1:03 who has provided services within the last two years to a person committed to a local or regional correctional facility shall, upon request by the local or regional correctional facility, disclose to the local or regional correctional facility where the person is committed any information necessary to ensure the continuity of care of the person committed. Any health care provider who discloses medical and mental health information and records pursuant to this section shall be immune from civil liability resulting from such disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.), absent bad faith or malicious intent.

1997, c. 443 ; 2018, c. 165 ; 2019, cc. 702 , 827 ; 2020, cc. 759 , 836 , 837 ; 2025, cc. 316 , 317 .
Va. Code Ann. § 53.1-113 — Virginia Code / Title 53.1 / Chapter 3 / Article 5 / Section 53.1-113
Transportation of prisoners to jail or jail farm
Status: in_force

Except as provided in § 53.1-114 , each political subdivision participating in a jail or jail farm shall bear the cost of transporting its prisoners to and from the jail or jail farm.

Code 1950, § 53-206.10; 1956, c. 681; 1968, c. 525; 1982, c. 636.
Va. Code Ann. § 53.1-218 — Virginia Code / Title 53.1 / Chapter 10 / Section 53.1-218
Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien
Status: in_force

Whenever any person is committed to a correctional facility for the commission of a felony, the director, sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The director, sheriff or other officer in charge of such facility shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person committed to the facility for the commission of a felony who (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown.

In the case of a jail, the sheriff, or other officer in charge of such facility shall communicate the results of any immigration alien query that confirm that the person is illegally present in the United States to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange.

In the case of a correctional facility of the Department of Corrections, the director or other officer in charge of such facility shall communicate the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange.

The information received by the Central Criminal Records Exchange concerning the person's immigration status shall be recorded in the person's criminal history record.

However, notification shall not be made to the Central Criminal Records Exchange if it is apparent that a report on alien status has previously been made to the Exchange pursuant to § 19.2-83.2 or 19.2-294.2 .

Code 1950, §§ 53-313, 53-314; 1970, c. 648; 1982, c. 636; 1985, c. 247; 1994, c. 579 ; 2008, cc. 180 , 415 ; 2014, c. 641 ; 2020, cc. 995 , 996 .
Va. Code Ann. § 53.1-45.2 — Virginia Code / Title 53.1 / Chapter 2 / Article 3 / Section 53.1-45.2
Repealed
Status: repealed

Repealed by Acts 2003, cc. 94 and 854 , cl. 2.