dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-131.3. Payment of costs associated with prisoners' keep.
Any sheriff or jail superintendent may establish a program to charge inmates a reasonable fee, not to exceed $3 per day, to defray the costs associated with the prisoners' keep. The Board shall develop a model plan and adopt regulations for such program, and shall provide assistance, if requested, to the sheriff or jail superintendent in the implementation of such program. Such funds shall be retained in the locality where the funds were collected and shall be used for general jail purposes; however, in the event the jail is a regional jail, funds collected from any such fee shall be retained by the regional jail. Any person jailed for an offense they are later acquitted for shall be refunded any such fees paid during their incarceration.

2003, c. 860; 2009, c. 842; 2010, c. 548.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-132. Furloughs from local work release programs; penalty for violations.
The director of any work release program authorized by § 53.1-131 may, subject to rules and regulations prescribed by the Board, extend the limits of confinement of any offender participating in a work release program that is subject to the director's authority to permit the offender a furlough for the purpose of visiting his home or family. If such offender is participating in a work release program under the supervision of the administrator of a regional jail and the furlough would extend the limits of confinement of the offender to a locality not served by that regional jail, then notice of the furlough shall be provided to the sheriff of such locality. Such furlough shall be for a period to be prescribed by the director, not to exceed three days. The time during which an offender is on furlough shall not be counted as time served against any sentence, and during any furlough, no earned sentence credit as defined in § 53.1-116, good conduct allowance or credits, or any other reduction of sentence shall accrue.

Any offender who, without proper authority or without just cause, fails to remain within the limits of confinement set by the director hereunder, or fails to return within the time prescribed to the place designated by the director in granting such authority, shall be guilty of a Class 1 misdemeanor. An offender who is found guilty of a Class 1 misdemeanor in accordance with this section shall be ineligible for further participation in a work release program during his current term of confinement.

Code 1950, § 53-166.2; 1980, c. 566; 1982, c. 636; 2000, c. 423; 2003, c. 846; 2020, c. 4.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133. Treatment of prisoner with contagious disease.
Upon application of the person in charge of a local correctional facility, if that application is affirmed by the physician serving such facility, a judge of a circuit court is authorized to have removed from any correctional facility within his jurisdiction any person confined therein who has contracted any contagious or infectious disease dangerous to the public health. Such persons shall be removed to some other place designated by the judge. When any person is so removed, he shall be safely kept and receive proper care and attention including medical treatment. As soon as he recovers his health, he shall be returned to the correctional facility from which he was moved, 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 under and by reason of this section shall be paid as provided by law.

Code 1950, § 53-135.2; 1979, c. 109; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.01. Medical treatment for prisoners.
Any sheriff or superintendent may establish a medical treatment program for prisoners in which prisoners participate and pay towards a portion of the costs thereof. The State Board of Local and Regional Jails shall develop a model plan and promulgate regulations for such program, and shall provide assistance, if requested, to the sheriff or superintendent in the implementation of a program.

1994, c. 694; 2020, c. 759.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.01:1. Payment for bodily injury.
Each jail superintendent or sheriff who operates a correctional facility is authorized to establish administrative procedures according to regulations promulgated by the Board for recovering from an inmate the cost for medical treatment of a physical injury that is inflicted intentionally on any person, including the inmate himself, by the inmate. Such administrative procedures shall ensure that the inmate is afforded due process.

1997, c. 125; 2003, cc. 928, 1019.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.02. Notice to be given upon prisoner release, escape, etc.
Prior to the release, including work release, or discharge of any prisoner, and as soon as practicable following his transfer to a prison, a different jail facility, or any other correctional or detention facility, his escape, or the change of his name, the sheriff or superintendent who has custody of the prisoner shall give notice of any such occurrence, delivered by first-class mail or by telephone or both, to any victim of the offense as defined in § 19.2-11.01 who, in writing, requests notice or to any person designated in writing by the victim. The notice shall be given at least 15 days prior to release or discharge and as soon as practicable following a transfer, an escape, or a change of name. Notice shall be given using the address and telephone number provided in writing by the victim. For the purposes of this section, "prisoner" means a person sentenced to serve more than 30 days of incarceration or detention. Such notification may be provided through the Virginia Statewide VINE (Victim Information and Notification Everyday) System or other similar electronic or automated system.

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

1995, c. 687; 2007, cc. 94, 109; 2015, c. 101.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.05. Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses.
A. Any hearing held by a court pursuant to § 53.1-133.04 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place that may be made available by the sheriff or administrator in charge of a local or regional correctional facility and approved by the judge. Nothing herein shall be construed as prohibiting holding the hearing on the grounds of a correctional facility or a hospital or a facility for the care and treatment of individuals with mental illness.

B. Any special justice, as defined in § 37.2-100, and any district court substitute judge who presides over hearings pursuant to the provisions of § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 and his necessary mileage. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.

C. Every physician or clinical psychologist who is not regularly employed by the Commonwealth who is required to serve as a witness for the Commonwealth in any proceeding under § 53.1-133.04 shall receive a fee as provided in § 37.2-804. Other witnesses regularly summoned before a judge shall receive such compensation for their attendance and mileage as is allowed witnesses summoned to testify before grand juries.

D. Every attorney appointed under § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 for which he is appointed. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.

E. Except as hereinafter provided, all expenses incurred, including the fees, attendance, and mileage aforesaid, shall be paid by the Commonwealth. Any such fees, costs, and expenses incurred in connection with a proceeding under § 53.1-133.04, when paid by the Commonwealth, shall be recoverable by the Commonwealth from the prisoner who is the subject of the examination, hearing, or proceeding or from his estate. No such fees or costs shall be recovered, however, from the prisoner or his estate when no good cause for his admission exists or when the recovery would create an undue financial hardship.

2019, c. 809.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.06. Definitions.
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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.08. Treatment of prisoners during postpartum recovery.
A. No restraints shall be used on any prisoner who is in postpartum recovery unless a deputy sheriff or jail officer makes an individualized determination that (i) such prisoner will harm herself, the fetus, the newborn child, or any other person; (ii) such prisoner poses a flight risk; or (iii) the totality of the circumstances creates a serious security risk. If such individualized determination is made that restraints are necessary, the deputy sheriff or jail officer shall consult with the health care provider treating such prisoner to ensure that such restraints are the least restrictive possible. In such case, the deputy sheriff or jail officer ordering the use of restraints shall notify a supervisor as soon as reasonably practicable and shall submit a report indicating the reason for the use of such restraints and what type of restraints were used no later than the conclusion of such deputy sheriff's or jail officer's shift. The supervisor shall submit a written report to the sheriff in charge of the local correctional facility, or his designee, or the jail superintendent of the regional correctional facility, or his designee, within 72 hours following the use of restraints, containing justification for restraining the prisoner. If restraints are used on a prisoner as authorized by this subsection, such restraints shall be immediately removed upon the request of any doctor, nurse, or other health care provider treating such prisoner if the restraints present a threat to the life or health of the prisoner, the fetus, or the newborn child.

B. Following the delivery of a newborn child by a prisoner, the sheriff or jail superintendent shall permit the newborn child to remain with the mother until discharge from the health care facility unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child.

2025, c. 698.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.09. Training of deputy sheriffs and jail officers regarding pregnant prisoners.
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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.1. Definition.
As used in this article unless the context requires otherwise or it is otherwise provided, the term "jail industry program" means a program established by a sheriff or jail superintendent to provide employment and wage earning opportunities for persons under his custody. The program may include the production of goods and provision of services which will be marketed outside the facility.

1992, c. 859; 1995, c. 756.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.2. Establishment of jail industry programs.
The sheriff or jail superintendent operating a local correctional facility, with the approval of the local governing body, jail farm board, or regional jail or jail farm board or regional jail authority, as the case may be, is authorized to establish a jail industry program within the facility he administers or on public property or works owned, leased or operated by the county, city, town or federal government, whether the same be located within such county, city or town or elsewhere. If elsewhere, the governing body of the locality where the proposed jail industry program is to be established shall approve the location of the program. Any such program shall be subject to the provisions of this article and shall not be established, operated, maintained or otherwise supported by state funds except as provided in § 53.1-133.6.

1992, c. 859; 1995, c. 756.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.3. Eligibility to participate.
Any person under the custody of a sheriff or jail superintendent shall be eligible to participate in the jail industry program on a voluntary basis without regard to whether that person is awaiting disposition of charges or serving a previously imposed sentence. The sheriff or jail superintendent may establish additional eligibility criteria for participation in the program.

1992, c. 859; 1995, c. 756.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.4. Participant compensation.
A. The sheriff or jail superintendent shall establish an amount to be allowed each jail industry program participant for each day of labor satisfactory to the sheriff or jail superintendent. The allowance shall be paid to the sheriff or jail superintendent or his designee. Distribution of a participant's allowance shall be in the same manner as provided for distribution of wages earned in a work release program pursuant to § 53.1-131. In addition, participants working in the jail industry program may have payroll deductions withheld and may be required by the sheriff, jail superintendent or his designee to contribute to victim restitution funds and to operating costs associated with the jail industry program. The total deductions must not total more than eighty percent of the participant's gross wages. The amount so deducted shall be deposited in the jail industries revenue fund and the sheriff, jail superintendent or his designee shall make the appropriate distributions of the money withheld. Any balance remaining at the conclusion of the participant's confinement shall be paid to the participant upon his release.

B. In addition, the sheriff or jail superintendent may establish a system of pay incentives for jail industry program participants. The system may provide for the payment of a bonus to any participant who is assigned to employment in any position of responsibility or who performs his job in an exemplary manner.

1992, c. 859; 1995, c. 756.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.5. Disposition of money collected and payment of expenses for jail industry program.
A. Any county, city or town that implements a jail industry program shall authorize the sheriff, jail superintendent or his designee to establish a separate fund for the operation of the program. This fund may be a special revenue fund with continuing authority to receive income and pay expenses associated with the jail industry program. The county, city, or regional jail authority shall audit the jail industry's special revenue fund on an annual basis.

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

1992, c. 859; 1995, c. 756.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.6. Restriction on sale of jail industry program goods and services; print shop.
A. Articles produced or manufactured and services provided by participants 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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.7. Sale of artistic products.
Subject to such rules as he may prescribe, the sheriff or jail superintendent may permit participants in jail industry programs to sell to the public artistic products personally crafted by the participants. Such artistic products shall include, but are not limited to, paintings, pottery and leatherwork.

1992, c. 859.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.8. Purchases by agencies, localities, and certain nonprofit organizations.
Articles and services produced or manufactured by participants in jail industry programs:

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

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

1992, c. 859; 2015, cc. 502, 503.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-133.9. Charges; advertisement and marketing.
A. The sheriff or jail superintendent, or his designee, shall establish charges for articles produced or manufactured and services provided by the jail industry program that will, in his judgment, defray the administration, operation and maintenance costs and make allowances for depreciation, return on capital and contingencies.

B. The sheriff or jail superintendent, or his designee, may advertise and market articles produced or manufactured and services provided by the jail industry program in a manner that will, in his judgment, allow maximum work opportunities for program participants while assuring that the program will be self-supporting, provided such advertising and marketing do not violate other provisions of law.

1992, c. 859.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-69. Board may prohibit confinement and require transfer of prisoners in substandard facilities.
The Board is authorized to limit, by its order, the confinement of prisoners in any local correctional facility or lock-up, which is not constructed, equipped, maintained and operated so as to comply with minimum standards prescribed by the Board, either by prohibiting confinement of any prisoners in such local correctional facility or lock-up, or by limiting the maximum number of prisoners to be confined therein, as the Board deems appropriate. The Board may designate some other local correctional facility or lock-up in or at which shall be confined persons who otherwise would have been confined in the facility subject to the Board's order. Copies of each order shall, upon being issued, be sent to the officer in charge of the facilities affected, to the governing bodies of the counties, cities and towns affected and to the judge of the circuit court of each county and city in which are located the local correctional facilities or lock-ups affected.

Code 1950, § 53-134; 1981, c. 487; 1982, c. 636.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-69.2. Administrative appeal of Board determinations.
If the Board determines that a local correctional facility is not in compliance with the minimum standards for construction, equipment, administration, or operation of local correctional facilities, the Board shall provide written notice of such determination to the local correctional facility. The local correctional facility may appeal the Board's determination. Any local correctional facility that appeals such a determination by the Board shall provide written notice of its request for an appeal to the Board within 30 days of the date upon which the facility received written notice of the Board's determination of noncompliance. Such appeal shall be conducted in accordance with Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.).

2020, c. 759.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-70. Jurisdiction of court to enforce orders of Board; proceedings.
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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-70.1. Transport of prisoners; authority.
A. The sheriff or administrator in charge of a local or regional correctional facility where a prisoner is incarcerated and employees of such facility acting on the direction of such sheriff or administrator shall have the authority to transport the prisoner to another jurisdiction inside the Commonwealth for any lawful purpose and to retain authority over such prisoner.

B. Any person authorized to transport a prisoner under subsection A who has the need to travel with a prisoner through or to another state is authorized to travel through or to such state and retain authority over such prisoner as allowed by such state.

2016, c. 579.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-71. Courts to order jails erected and repaired.
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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-71.2. Authority of security employees.
Security employees of a regional jail facility contractor approved by the General Assembly to operate a regional jail facility pursuant to § 53.1-71.4 shall be allowed to use force and shall exercise their powers and authority only while on the grounds of a regional jail facility under the supervision of the regional jail facility contractor, while transporting inmates, and while pursuing escapees from such facilities until such time that the pursuit of the escapees is assumed by state or local law-enforcement agencies. All provisions of law pertaining to custodians of inmates or jail guards or officers shall apply to contractors' security employees.

1994, c. 715; 2025, c. 337.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-71.3. Application of certain criminal laws to contractor-operated facilities.
All provisions of law establishing penalties for offenses committed against custodians of inmates or jail guards or officers shall apply mutatis mutandis to offenses committed by or with regard to inmates assigned to facilities or programs for which a regional jail facility contractor is providing correctional services.

1994, c. 715.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-71.4. Powers and duties not delegable to contractor.
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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-71.5. Board to promulgate regulations.
The Board shall make, adopt, and promulgate regulations governing the following aspects of private management and operation of regional jail facilities approved by the General Assembly pursuant to § 53.1-71.4:

1. Minimum standards for the construction, equipment, administration, and operation of the facilities; however, the standards shall be at least as stringent as those established for local correctional facilities;

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

3. Use of deadly and nondeadly force by regional jail facility contractors' security personnel;

4. Methods of monitoring a contractor-operated facility by an appropriate state or local governmental entity or entities;

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

6. Such other regulations as may be necessary to carry out the provisions of this article.

1994, c. 715; 2025, c. 337.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-71.6. State reimbursement to localities.
A. Reimbursement to participating localities for the cost of construction shall be made pursuant to Article 3 (§ 53.1-80 et seq.) of Chapter 3 of Title 53.1.

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

1994, c. 715.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-72. Jails of counties and cities to be jails of courts therein.
The jail of each county and city shall be the jail of every court established therein by law.

Code 1950, § 53-137; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-73. When jail of county to be jail for town.
Every town shall have the use of the jail of the county in which such town is located, to aid the constituted authorities of any such town in maintaining peace and good order, and generally for the enforcement of its ordinances, unless for good cause the judge of the circuit court of such county shall prohibit such use.

Code 1950, § 53-138; 1972, c. 573; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-74. When court may adopt jail of another county or city.
When a county or city is without an adequate jail, or its jail is to be removed, rebuilt or repaired, the circuit court thereof shall adopt as its jail the jail of another county or city until it can obtain an adequate jail. All persons committed or ordered committed to the jail of the first mentioned county or city, at or after such adoption and before an adequate jail be so obtained, shall be conveyed to the jail so adopted.

Code 1950, § 53-139; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-75. Procedure after adoption.
The keeper of any jail so adopted for a county or city so designated shall, as to the person so conveyed to such jail, be deemed the jailer of such county or city, until the court thereof shall declare its own jail to be adequate. Thereafter, such persons shall be delivered to the sheriff of such county or city who shall convey them to the jail kept by the sheriff or jail superintendent.

Code 1950, § 53-141; 1982, c. 636; 1991, c. 383.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-76. Commitment to jail of another county or city; payment of costs, etc.
In any case should it become necessary or expedient for the safekeeping of any prisoner, or for good cause, a circuit court may commit such prisoner to a jail other than that located in its county or city. The keeper of the jail in making his account for the board of such prisoner shall include the prisoner in such account, as if the prisoner had actually been committed from his county or city. The authorities of the county or city from which the prisoner is sent shall be responsible for any damage done by him to the jail of the county or city in which such prisoner may be confined.

Code 1950, § 53-142; 1960, c. 376; 1982, c. 636; 1985, c. 321.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-77. Jurisdiction of judge or magistrate of adopting county or city authorized to issue temporary detention orders.
When the jail of any other county or city has 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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-78. Jail for Supreme Court.
The jail of any county or city in which the Supreme Court or Court of Appeals or a panel thereof is sitting, may be used as a jail for such court.

Code 1950, § 53-143; 1982, c. 636; 1984, c. 703.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-79. Jails for United States prisoners; payment by United States.
The sheriff of any county or city or jail superintendent of any regional jail may receive into his jail any person committed thereto under the authority of the United States, and keep him safely according to the warrant or precept of commitment, until he shall be discharged under the laws of the United States. But no person arrested on civil process shall, under this section, be committed to any jail other than that of the county or city within which such person resides or is found.

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

Code 1950, § 53-145; 1970, c. 648; 1982, c. 636; 1991, c. 383.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-79.1. Agreements to transfer, transport, and confine prisoners.
The sheriff or superintendent of any jail may enter into an agreement with the sheriff or superintendent of any other jail in the Commonwealth to transfer and transport prisoners between the respective facilities, and to confine such prisoners, unless such transfer is otherwise prohibited by law.

1991, c. 192.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-80. State reimbursement of localities for construction.
A. On and after July 1, 1993, the Commonwealth shall reimburse any city or county up to one-fourth of the capital costs of a jail construction, enlargement or renovation project upon a basis approved by the Board in accordance with the provisions of this section. On and after July 1, 1993, (i) any three or more cities or counties, or any combination thereof, which do not qualify for reimbursement pursuant to § 53.1-81 or § 53.1-82 and (ii) any two cities or counties or any combination of a city and a county which jointly construct, enlarge or renovate a jail upon a basis approved by the Board in accordance with the provisions of this section shall be reimbursed by the Commonwealth on a pro rata basis up to one-fourth of the capital costs, as defined in § 53.1-82.2, of such project. The Board shall promulgate regulations, to include criteria which may be used to assess need and establish priorities, to serve as guidelines in evaluating requests for such reimbursement and to ensure the fair and equitable distribution of state funds provided for such purpose. The Department shall apply such regulations in preparing requests for appropriations. No such reimbursement shall be had unless the plans and specifications, including the need for additional personnel, thereof have been submitted to the Governor and the jail project has been approved by him. The Governor shall base his approval in part on the expected operating cost-efficiency of the interior design of the facility. Reimbursements shall be paid subject to the provisions of § 53.1-82.2.

No (i) project to construct, enlarge, or renovate a jail or regional jail facility or to enlarge or renovate an existing jail that was not approved by the Governor prior to July 1, 2015, or (ii) project that is not an enlargement or renovation of a regional jail created prior to July 1, 2015, shall be eligible for reimbursement from the Commonwealth unless such project has been specifically authorized in the general appropriation act.

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

Code 1950, § 53-133.1; 1968, c. 304; 1970, cc. 252, 373; 1973, c. 233; 1981, c. 380; 1982, c. 636; 1983, c. 358; 1989, c. 423; 1993, cc. 387, 787; 1995, c. 305; 2015, c. 749.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-82.1. Approval of jail projects by the Board; plan for community corrections.
The Board shall promulgate regulations requiring localities seeking approval of 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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-82.3. Budgeting schedule for jail projects.
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.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-83. Repealed.
Repealed by Acts 1993, cc. 387 and 787.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-83.1. How state appropriations for operating costs of local correctional facilities determined.
The Governor's proposed biennial budget bill shall include, for each 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.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-84. State funds available to local correctional facilities for operating costs.
The Compensation Board shall apportion among local correctional facilities moneys appropriated in the general appropriation act for the purpose of financial assistance for the confinement of persons in local facilities in accordance with reports of prisoner days provided by the Department.

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

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

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

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 3 (LOCAL CORRECTIONAL FACILITIES)
§ 53.1-85. Time and manner of payment.
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.