dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-17.8. Annual report.
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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-2. Appointment of members; qualifications; terms and vacancies.
There shall be a State Board of Local and Regional Jails, which shall consist of 11 residents of the Commonwealth appointed by the Governor and subject to confirmation by the General Assembly. In making appointments, the Governor shall endeavor to select appointees of such qualifications and experience that the membership of the Board shall include persons suitably qualified to consider and act upon the various matters under the Board's jurisdiction. Members of the Board shall be appointed as follows: (i) one former sheriff; (ii) one former superintendent of a regional jail facility; (iii) two individuals employed by a public mental health services agency with training in or clinical, managerial, or other relevant experience working with individuals subject to the criminal justice system who have mental illness; (iv) one individual with experience overseeing a correctional facility's or mental health facility's compliance with applicable laws, rules, and regulations; (v) one physician licensed in the Commonwealth; (vi) one individual with experience in administering educational or vocational programs in state or local correctional facilities; (vii) one individual with experience in financial management or performing audit investigations; (viii) one citizen member who represents community interests; and (ix) two individuals with experience in conducting criminal, civil, or death investigations.

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

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

Code 1950, §§ 53-19.23, 53-19.24; 1974, cc. 44, 45; 1981, c. 487; 1982, c. 636; 2017, c. 759; 2020, c. 759; 2023, cc. 657, 658.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-3. Persons ineligible for appointment.
No director, officer or employee of an institution subject to the provisions of this title shall be appointed a member of the Board.

Code 1950, § 53-19.32; 1974, cc. 44, 45; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-4. Meetings; quorum; officers; main office.
The Board shall meet at least six times each calendar year and at other times as it deems appropriate. Five members of the Board shall constitute a quorum. The Board shall select a chairman and secretary from its membership. The main office of the Board shall be in Richmond.

Code 1950, §§ 53-19.25, 53-19.29, 53-19.30, 53-19.31; 1974, cc. 44, 45; 1982, c. 636.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-5.1. Repealed.
Repealed by Acts 2020, c. 759, cl. 2.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-5.2. Compilation of certain data for redistricting purposes.
A. The Board shall direct the sheriffs of all local jails and the jail superintendents of all regional jails to provide to it, no later than May 1 of any year in which the decennial census is taken, information regarding each person incarcerated in a local or regional jail on April 1 of that year. Such information shall include, for each person incarcerated, (i) his residential street address at the time of incarceration, or other legal residence, if known; (ii) his race, his ethnicity as identified by him, and whether he is 18 years of age or older; and (iii) the street address of the correctional facility in which he was incarcerated on April 1 of that year. Upon receipt of such information, the Board shall assign to each person a unique identifier, other than his name or offender identification number.

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

2020, cc. 1229, 1265.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-6. Board may administer oaths, conduct hearings, and issue subpoenas.
The Board, in the exercise and performance of its functions, duties, and powers under the provisions of this title, is authorized to hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents, administer oaths, and take testimony thereunder.

When a review is ordered by the Board concerning any correctional facility subject to the Board's jurisdiction or concerning the conduct of persons connected therewith, the chairman of the Board, by order of the Board, may issue a summons directed to the sheriff of the county or city in which such institution is located commanding him to summon any person to be present on a certain day at such place within such county or city as may be designated by the Board to give evidence before the Board. The Board shall have like powers to issue a summons directed to the sheriff and to direct the sheriff to enforce such summons.

The chairman of the Board shall make the entry required of the clerk by § 17.1-612 concerning the amount any witness is to be paid as if the attendance of the witness was before a court. The sum to which the witness is entitled shall be paid out of the funds appropriated to the Board.

Code 1950, § 53-19.36; 1974, cc. 44, 45; 1982, c. 636; 2020, c. 759.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-6.1. Executive director; staff; compensation.
The Board may appoint and employ an executive director and such other persons as it deems necessary to assist it in carrying out its duties. The Board may determine the duties of such staff and fix their salaries or compensation within the amounts appropriate therefor. The duties of the executive director shall include management of (i) inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68 and (ii) reviews of the deaths of inmates that occur in any local, regional, or community correctional facility conducted pursuant to § 53.1-69.1.

2020, c. 759.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-7. Repealed.
Repealed by Acts 2011, c. 375, cl. 2.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-8. Department of Corrections.
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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 1 (ADMINISTRATION GENERALLY)
§ 53.1-9. Appointment of Director; term.
A Director of Corrections shall be appointed by the Governor, subject to confirmation by each house of the General Assembly.

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

Code 1950, §§ 53-19.6, 53-19.7; 1974, cc. 44, 45; 1982, c. 636.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 10 (Commitment of Aliens)
§ 53.1-218. Duty of officer in charge to inquire as to citizenship; notice to federal immigration officer of commitment of alien.
Whenever any person is committed to a correctional facility for 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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 10 (Commitment of Aliens)
§ 53.1-219. Duty of clerk to furnish copy of complaint, indictment, judgment and sentence.
Upon the official request of the United States immigration officer 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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 10 (Commitment of Aliens)
§ 53.1-220. Transfer of prisoners pursuant to treaty.
When a treaty between the United States and a foreign country provides for the transfer to such foreign country, with the consent of the appropriate state authorities, of convicted offenders in state correctional systems who are citizens or nationals of such foreign country, the Governor is authorized, subject to the terms of such treaty, to act on behalf of the Commonwealth and to consent to the transfer of such convicted offenders.

Code 1950, § 53-315.1; 1978, c. 620; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 10 (Commitment of Aliens)
§ 53.1-220.1. Transfer of prisoners convicted of designated illegal acts.
With the consent of the appropriate state authorities, the Immigration and Naturalization Service may, following notification under § 19.2-294.2, take physical custody of and responsibility for any alien convicted of any (i) felony offense involving murder, rape, robbery, burglary, larceny, extortion, or abduction, or (ii) illegal drug violation designated as a felony under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2. The director, sheriff or other official in charge of the facility in which such alien is incarcerated may enter into an agreement, which includes provisions relating to reimbursement, with the Immigration and Naturalization Service to retain custody or supervision of such alien until he is deported or until other mutually satisfactory arrangements are made to transfer custody of such alien to the Service.

1985, c. 247.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 10 (Commitment of Aliens)
§ 53.1-220.2. Transfer of certain incarcerated persons to Immigration and Customs Enforcement.
The Director, sheriff, or other official in charge of the facility in which an alien is incarcerated may, upon receipt of a detainer from U.S. Immigration and Customs Enforcement, transfer custody of the alien to U.S. Immigration and Customs Enforcement no more than five days prior to the date that he would otherwise be released from custody. Upon transfer of custody, notwithstanding any other provision of law, the alien shall receive credit for the number of days remaining before he would otherwise have been released.

2015, cc. 102, 211.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-221. Appointment of committee; bond.
A. When a person is convicted of a felony and sentenced to confinement in a state correctional facility, his estate, both real and personal, may, on motion of any party interested, be committed by the circuit court of the county or city in which his estate, or some part thereof is, to a person selected by the court.

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

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

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

Code 1950, §§ 53-305, 53-306; 1952, c. 293; 1982, c. 636; 2007, c. 508.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-222. Powers and liabilities of committee; prosecution and defense of suits to which prisoner is party.
A committee appointed pursuant to § 53.1-221 may sue and be sued in respect to all claims or demands of every nature in favor of or against such prisoner and against any of the prisoner's estate. All actions or suits to which the prisoner is a party at the time of his conviction shall be prosecuted or defended, as the case may be, by such committee after ten days' notice of the pendency thereof, which notice shall be given by the clerk of the court in which the same are pending.

Code 1950, § 53-307; 1980, c. 504; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-223. Restriction on suits against prisoners.
No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner's child support obligation, shall be maintained against a prisoner after judgment of conviction and while he is incarcerated, except through his committee, unless a guardian ad litem is appointed for the prisoner pursuant to § 8.01-9, or an attorney licensed to practice law in the Commonwealth has entered of record an appearance for such prisoner. However, in any suit for divorce instituted against a prisoner, the court shall appoint a committee prior to any determination as to the property of the parties under § 20-107.3.

Code 1950, § 53-307.1; 1980, c. 504; 1982, c. 636; 1992, c. 398; 2000, c. 404; 2006, c. 553.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-224. Maintenance of prisoner's family; spouse's portion.
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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-225. Accounting and motion for discharge when prisoner released; delivery of estate to prisoner.
Within ten days from the date of a prisoner's release 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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-226. When estate committed to sheriff.
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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-227. When and how real estate of prisoner sold or encumbered.
The real estate of a prisoner may be leased or sold, when necessary for the payment of his debts, in accordance with Article 8 (§ 8.01-67 et seq.) of Chapter 3 of Title 8.01. Any such real estate or the real estate in which such prisoner is interested with others, infants or adults, may be sold, exchanged for other real estate, or encumbered for the purpose of borrowing money to be used to erect buildings or other improvements on the same.

Code 1950, § 53-312; 1982, c. 636; 1997, c. 801.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-228. Disposal of unclaimed personal property of prisoner.
If any prisoner in a state, local or community correctional facility, upon being transferred to another facility, leaves personal property valued at less than $100 in the custody of such facility for 30 days after his transfer without making a claim therefor, or if any prisoner, upon being released or having escaped, leaves such property at the time of his release or escape, the Director or the sheriff, as the case may be, may sell such property at public sale or may otherwise dispose of the property. The proceeds of such sale shall escheat to the Commonwealth and shall be paid into the state treasury and credited to the Literary Fund.

Code 1950, § 53-312.1; 1956, c. 344; 1981, c. 497; 1982, c. 636; 2010, c. 124.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 11 (ESTATES OF PRISONERS)
§ 53.1-228.1. Inmate payment for damaged property.
The Director, and each jail superintendent or sheriff who operates a correctional facility, are authorized to establish administrative procedures for recovering, from an inmate, the cost of replacing or repairing any facility-owned or facility-issued property which is proven to have been intentionally damaged or destroyed by the inmate. Such administrative procedures shall ensure that the inmate is afforded due process.

1996, c. 669; 2020, c. 759.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 12 (Executive Clemency)
§ 53.1-229. Powers vested in Governor.
In accordance with the provisions of Article V, Section 12 of the Constitution of Virginia, the power to grant pardons or reprieves is vested in the Governor.

Code 1950, § 53-228; 1970, c. 648; 1982, c. 636; 2021, Sp. Sess. I, cc. 344, 345.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 12 (Executive Clemency)
§ 53.1-230. Repealed.
Repealed by Acts 2021, Sp. Sess. I, cc. 344 and 345, cl. 2, effective July 1, 2021.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 12.1 (Restoration of Civil Rights)
§ 53.1-231.1. Process for notification regarding restoration of civil rights.
The Director of the Department of Corrections shall provide that any person convicted of a felony is notified of the loss of his civil rights and of the processes to apply for restoration of civil rights and of voting rights. The notice shall be given at the time the person has completed service of his sentence, period of probation or parole, or suspension of sentence.

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

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

2000, c. 969; 2002, c. 344.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 12.1 (Restoration of Civil Rights)
§ 53.1-231.2. Restoration of the civil right to be eligible to register to vote to certain persons.
This section shall apply to any person who is not 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.

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.

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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 13 (Death Sentences [Repealed])
§ 53.1-232. Repealed.
Repealed by Acts 2021, Sp. Sess. I, cc. 344 and 345, cl. 2, effective July 1, 2021.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 14 (CORRECTIONAL PROGRAMS AND FACILITIES FOR JUVENILES [Repealed])
§ 53.1-237. Repealed.
Repealed by Acts 1989, c. 733.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 15 (Corrections Private Services Act)
§ 53.1-261. Definitions.
As used in this chapter, unless the context requires a different meaning:

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

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

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

3. Education, training, and employment programs;

4. Recreational, religious, and other activities; and

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

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

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

1991, c. 705; 1992, c. 654; 1995, c. 694; 1996, c. 632; 2007, c. 394; 2025, c. 337.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 15 (Corrections Private Services Act)
§ 53.1-263. Authority of security employees.
Security employees of a prison contractor approved by the General Assembly to operate a prison facility pursuant to § 53.1-265 shall be allowed to use force and shall exercise their powers and authority only while on the grounds of an institution under the supervision of the prison contractor, while transporting inmates, while pursuing escapees from such institutions, and while providing inmate security for prisoners at a medical facility in the Commonwealth. All provisions of law pertaining to custodians of inmates, correctional officers, or prison or jail officers, except § 19.2-81.1, shall apply to contractors' security employees.

1991, c. 705; 1992, c. 654; 2007, c. 394; 2025, c. 337.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 15 (Corrections Private Services Act)
§ 53.1-264. Application of certain criminal law to contractor-operated facilities.
All provisions of law establishing penalties for offenses committed against custodians of inmates, correctional officers, prison guards, or jail officers shall apply mutatis mutandis to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.

1991, c. 705; 1992, c. 654.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 15 (Corrections Private Services Act)
§ 53.1-265. Powers and duties not delegable to contractor.
No contract for correctional services shall authorize, allow, or imply a delegation of authority or responsibility of the Director to a prison contractor for any of the following:

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

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

3. Approving inmates for furlough and work release;

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

5. Granting, denying, or revoking sentence credits;

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

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

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

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

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

1991, c. 705; 1992, c. 654; 1995, c. 694; 2025, c. 337.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 15 (Corrections Private Services Act)
§ 53.1-266. Department shall promulgate regulations.
The Director shall make, adopt and promulgate regulations governing the following aspects of private management and operation of prison facilities approved by the General Assembly pursuant to § 53.1-265:

1. Contingency plans for state operation of a contractor-operated facility in the event of a termination of the contract;

2. Use of deadly and nondeadly force by prison contractors' security personnel;

3. Methods of monitoring a contractor-operated facility by the Department;

4. Public access to a contractor-operated facility; and

5. Such other regulations as may be necessary to carry out the provisions of this chapter.

1991, c. 705; 1992, c. 654; 1995, c. 694; 2020, c. 759; 2025, c. 337.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 15 (Corrections Private Services Act)
§ 53.1-267. Expired.
Expired.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-18. Department to have custody of property; right to sue to protect property.
The Department shall have custody of both the real and personal property of state correctional facilities. The Department is authorized to institute and prosecute in the name of the Commonwealth any suit or proceeding to protect the rights of the Commonwealth in such property.

Code 1950, § 53-20; 1970, c. 648; 1982, c. 636; 2020, c. 759.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-19. Establishment of correctional institutions.
The Director shall determine the necessity for and select the site of any new state correctional facility and any land to be taken or purchased by the Commonwealth for the purposes of any new or existing state correctional facility. The Director shall have charge of the construction of any new building at any state correctional facility, shall determine the design thereof, and for this purpose may employ architects and other experts or hold competitions for plans and designs. On or after January 1, 1996, at least ninety days in advance of the issuance of requests for proposals for construction, notice shall be given by the Director to the chairman of the board of supervisors or mayor of a county, city or town in which the facility is to be established or expanded for the purpose of the confinement of inmates. In addition, if the local governing body in the jurisdiction where the facility is to be located so requests, upon receipt of such request, the Department shall hold a public hearing in that jurisdiction. The Director may, if he finds it practical and economical, use persons sentenced to the Department as laborers in the construction of such structures.

If land or property is taken or purchased by the Department, title shall be taken in the name of the Commonwealth. The original names of all state correctional facilities shall be designated by the Department and approved by the Governor.

Code 1950, § 53-76.1; 1970, c. 648; 1974, cc. 44, 45; 1976, c. 393; 1982, c. 636; 1995, c. 846; 1996, c. 234; 2020, c. 759.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-20. Commitment of convicted persons to custody of Director.
A. Every person convicted of a felony committed before January 1, 1995, and sentenced to the Department for a total period of more than two years shall be committed by the court to the custody of the Director of the Department. The Director shall receive all such persons into the state corrections system within sixty days of the date on which the final sentencing order is mailed by certified letter or sent by electronic transmission to the Director by the clerk.

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

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

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

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

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

Code 1950, §§ 19-270, 19.1-296, 53-21.1; 1960, c. 366; 1966, c. 522; 1970, cc. 67, 648; 1972, c. 145; 1973, c. 330; 1974, cc. 44, 45, 506; 1981, c. 529; 1982, c. 636; 1990, cc. 676, 768; 1993, c. 502; 1994, cc. 128, 859, 949; 1994, 2nd Sp. Sess., cc. 1, 2; 1997, c. 840; 2020, c. 526.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-20.1. Compensation of local jails for cost of incarceration.
If the Director is unable to accommodate in a state correctional facility any convicted felon sentenced to the Department for a felony committed before January 1, 1995, whose sentence totals more than two years or who is convicted of a felony committed on or after January 1, 1995, and who is required to serve a total period of one year or more in a state correctional facility, the Department of Corrections shall compensate local jails for the cost of incarceration as provided for in the general appropriation act beginning on the sixty-first day following the date of mailing by certified letter or electronic transmittal by the clerk of the committing court to the Director of the final order.

1982, c. 680; 1990, cc. 676, 768; 1994, 2nd Sp. Sess., cc. 1, 2; 1997, c. 775.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-21. Transfer of prisoners into and between state and local correctional facilities.
A. Any person who (i) is accused or convicted of an offense (a) in violation of any county, city, or town ordinance within the Commonwealth, (b) against the laws of the Commonwealth, or (c) against the laws of any other state or country or (ii) is a witness held in any case in which the Commonwealth is a party and who is confined in a state or local correctional facility may be transferred by the Director, subject to the provisions of § 53.1-20, to any other state or local correctional facility which he may designate.

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

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

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

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

Code 1950, §§ 19.2-310.1, 53-19.17, 53-84, 53-103, 53-135.1; Code 1950, § 53-8; 1952, c. 557; 1960, c. 432; 1962, c. 326; 1968, c. 357; 1970, c. 648; 1971, Ex. Sess., c. 110; 1972, c. 573; 1973, cc. 330, 342; 1974, cc. 44, 45; 1976, cc. 287, 462; 1982, c. 636; 1990, cc. 676, 768; 1999, cc. 945, 987; 2021, Sp. Sess. I, c. 463.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-22. Misdemeanant suspected of having contagious disease.
Whenever any court shall have reason to believe that a person convicted by it of a misdemeanor who is sentenced to serve time in a local correctional facility is afflicted with any contagious or infectious disease dangerous to the public health, the court shall have such person examined by a licensed physician or licensed advanced practice registered nurse. If the examination reveals the person is afflicted with such disease, the court may commit the person directly to the Department.

Code 1950, § 53-89; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636; 2004, c. 855; 2023, c. 183.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-23. Fingerprints, photographs and description.
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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-23.1. Repealed.
Repealed by Acts 1990, c. 669.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-23.2. Department to give notice of the receipt of certain prisoners.
A. At the time of receipt of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the Department shall obtain from that person all necessary registration information, including fingerprints and photographs of a type and kind approved by the Department of State Police. A person required to register shall register and submit to be photographed as part of the registration. The Department shall forthwith forward the registration information and photograph to the Department of State Police on the date of the receipt of the prisoner.

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

2006, cc. 857, 914.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-24. Record of convictions and register to be kept.
The Director shall file and preserve a copy of the judgment furnished by the clerk of the court of conviction of each prisoner and keep a register describing the term of his confinement, for what offense, and when received into a state correctional facility. The Director may dispose of these records with the consent of The Library of Virginia in accordance with retention regulations for records maintained by the Department established under the Virginia Public Records Act (§ 42.1-76 et seq.).

Code 1950, § 53-24; 1982, c. 636; 1994, c. 64; 2020, c. 759.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 2 (State Correctional Facilities)
§ 53.1-25. Director to prescribe rules; rules to be available to prisoners.
The Director may prescribe rules for the preservation of state property and the health of prisoners in state correctional facilities and for the government thereof. Printed copies of all such rules shall be made available to prisoners under such terms and conditions as the Director may prescribe.

Code 1950, § 53-23; 1970, c. 648; 1977, c. 354; 1982, c. 636.