reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-189. Forfeiture and restoration of good conduct allowance and earned sentence credits

A. Except for credits allowed under § 53.1-191, all or any part of a person's accrued good conduct allowance and earned sentence credits earned after admission to a state correctional facility on any sentence or combination of sentences being served may be forfeited in accordance with rules and regulations of the Director for violation of any written prison rules or regulations.
B. If a prisoner is convicted of escape or attempted escape from any correctional facility, such person shall, upon being returned to custody, forfeit all accrued good conduct allowance and all earned sentence credits on any sentence or combination of sentences being served, except for credits allowed under § 53.1-191.
C. No good conduct allowance or earned sentence credit which has been forfeited shall be restored except by the Director, whose authority shall not be delegated.
Code 1950, § 53-214; 1974, c. 69; 1980, c. 485; 1981, c. 392; 1982, c. 636; 1984, c. 734; 1994, 2nd Sp. Sess., cc. 1, 2; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-190. Allowance on discharge; transportation; clothing

The Director, upon the release of a prisoner who has served at least eight months, shall give the prisoner all funds accumulated to his credit pursuant to §§ 53.1-42 and 53.1-43 and not withdrawn by him. In the event such funds do not total twenty-five dollars, the Director may add sufficient money from the appropriation to the Department to enable the prisoner to have a minimum of twenty-five dollars available for withdrawal by him at the time of his release. The Director also may provide such person upon his request with transportation to the county or city where he was committed, or to such other point in the Commonwealth as may be approved by the Director. Such person may also be furnished suitable clothing.
Code 1950, § 53-219; 1964, c. 421; 1970, c. 648; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-191. Credits allowed in cases of injuries to or extraordinary services performed by prisoners; nonforfeiture of credits hereunder

The Director, with the consent of the Governor, may allow to any prisoner confined in a state correctional facility a credit toward his term of confinement if he (i) renders assistance in preventing the escape of another prisoner or in the apprehension of an escaped prisoner; (ii) gives a blood donation to another prisoner; (iii) voluntarily or at the instance of a prison official renders other extraordinary services; or (iv) suffers bodily injury while in the prison system. The Director shall determine the amount of any such credit for each such service or injury. In unusual circumstances a prisoner may receive credit for donating blood, under regulations prescribed by the Director, to blood banks licensed by or subject to regulations of the State Board of Health. The Director may allow the credit permitted by this section to a prisoner who has been sentenced to the Department of Corrections but who is confined in a local correctional facility.
Except as provided hereafter, any credit allowed under the provisions of this section shall be applied as provided in § 53.1-199. A prisoner who has been sentenced to a term of life imprisonment or to two or more life sentences shall be eligible for credits allowed under the provisions of this section. One-half of such credit shall be applied to reduce the period of time such prisoner shall serve before being eligible for parole.
Credits allowed under the provisions of this section may not be forfeited under § 53.1-189. Credits shall not be allowed under the provisions of this section to apply toward a term of confinement imposed upon a conviction of a felony offense committed on or after January 1, 1995.
Code 1950, § 53-220; 1952, c. 8; 1976, c. 209; 1981, c. 392; 1982, c. 636; 1984, c. 253; 1994, 2nd Sp. Sess., cc. 1, 2; 2002, c. 59; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-192. Applicability of article

The provisions of this article shall be applicable only to those persons who were convicted, sentenced and committed to the Department prior to July 1, 1981, and who, in accordance with § 53.1-198, are not governed by the system of good conduct allowances established in Article 3 (§ 53.1-198 et seq.) of this chapter.
1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-193. Good conduct credits for persons convicted prior to October 1, 1942; effect of credit upon eligibility for parole

Every person convicted of a felony before October 1, 1942, except those referenced in § 53.1-194, shall, for every month that he is held in confinement after June 24, 1944, in any state correctional facility, without violating any prison rule or regulation, be allowed a credit of thirty days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves. Any credit allowed under the provisions of this section shall also be considered as reducing the term of imprisonment to which the prisoner was or is sentenced for the purpose of determining his eligibility for parole.
Code 1950, § 53-210; 1979, c. 415; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-194. Good conduct credits for prisoners committing crimes, pardon violators and escapees convicted prior to October 1, 1942; effect of credit upon eligibility for parole

Every person convicted of a felony before October 1, 1942, who had once before been convicted of a felony and regularly discharged from the state corrections system, or who, prior to June 24, 1944, had been returned to a state correctional facility for violating the terms of a conditional pardon, or who had been convicted of a crime while serving his sentence in a state correctional facility, or who had escaped or attempted to escape from a state correctional facility or from a local correctional facility while awaiting trial or transfer to a state correctional facility, shall, for every month he is confined in any state correctional facility after such date, without violating any prison rule or regulation, be allowed a credit of fifteen days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves. Every person convicted of a felony before October 1, 1942, who is returned thereafter to a state correctional facility for violating the terms of a conditional pardon, or who commits a crime while serving his sentence in a state correctional facility, or who escapes or attempts to escape from a state correctional facility, shall, for every twenty days he is held in confinement after his return to a state correctional facility or after the commission of such crime, or after such escape or attempted escape, without violating any prison rule or regulation, be allowed a credit of only ten days upon the total term of confinement to which he has been sentenced, in addition to the time he actually serves.
Any credit allowed under the provisions of this section shall also be considered as reducing the term of imprisonment to which the prisoner was or is sentenced for the purpose of determining his eligibility for parole.
So much of an order of any court contrary to the provisions of this section shall be deemed null and void.
Code 1950, § 53-211; 1952, c. 142; 1979, c. 415; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-195. Credits earned prior to 1944

Such credit as any person may have earned pursuant to § 53.1-193 or § 53.1-194 and not forfeited prior to June 24, 1944, shall remain to his credit, unless forfeited as hereinafter provided.
Code 1950, § 53-212; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-196. Good conduct credits of persons convicted after October 1, 1942; effect of credit upon eligibility for parole

Every person convicted of a felony on or after October 1, 1942 and every person convicted of a misdemeanor and confined in any state correctional facility shall, for every twenty days of confinement after sentence, either in a local correctional facility awaiting transfer to the Department or in any state correctional facility serving the sentence imposed upon him, without violation of any written jail or prison rule or regulation, be allowed a credit of ten days upon his total term of confinement to which he has been sentenced, in addition to the time he actually serves. So much of the credit allowed to misdemeanants by this section as applies to time served prior to June 24, 1944, shall be in lieu of, and not in addition to, any credit they may have earned under the law as it existed prior to such date.
Any credit allowed under the provisions of this section shall also be considered as reducing the term of imprisonment to which the prisoner was or is sentenced for the purpose of determining his eligibility for parole.
So much of an order of any court contrary to the provisions of this section shall be deemed null and void.
Code 1950, § 53-213; 1970, c. 648; 1972, c. 487; 1973, c. 208; 1974, c. 533; 1977, c. 182; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-197. Credit allowed for career and technical educational or other educational training

Every person sentenced to the Department, while in a local or state correctional facility, who participates in career and technical education or other training while confined, or who shows such interest and application in his work assignment as to exhibit unusual progress toward rehabilitation, may, in the discretion of the Director be allowed a credit toward his parole eligibility date and upon the total term of confinement to which he has been sentenced. Such credit may be from one day to five days for each month he has been engaged in such career and technical education or other training or has applied himself in excess of minimal work assignment requirements. Any credit accumulated prior to June 1, 1975, toward the term of confinement may, in the discretion of the Director, be credited toward such prisoner's parole eligibility date.
Code 1950, § 53-213.1; 1968, c. 302; 1973, c. 204; 1975, c. 244; 1976, c. 180; 1982, c. 636; 2001, c. 483.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-197.1. Limitation upon applicability of this article

The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.
1994, 2nd Sp. Sess., cc. 1, 2.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-198. Certain persons to choose good conduct system

Every person who, on or before June 30, 1981, was convicted of a felony and every person convicted of a misdemeanor, and to whom the provisions of §§ 53.1-151, 53.1-152 or § 53.1-153 apply, may choose the system of good conduct allowances established in §§ 53.1-199 through 53.1-202 to govern the computing of his discharge date and eligibility for parole. A person who chooses the system established in this article may not thereafter be governed by the laws establishing good conduct allowances in effect prior to July 1, 1981.
Code 1950, § 53-209.1; 1981, c. 392; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-199. Eligibility for good conduct allowance; application

Every person who, on or after July 1, 1981, has been convicted of a felony and every person convicted of a misdemeanor and to whom the provisions of §§ 53.1-151, 53.1-152 or § 53.1-153 apply, and every person who, in accordance with § 53.1-198, chooses the system of good conduct allowances set out herein, may be entitled to good conduct allowance not to exceed the amount set forth in § 53.1-201. Such good conduct allowance shall be applied to reduce the person's maximum term of confinement while he is confined in any state correctional facility. One-half of the credit allowed under the provisions of § 53.1-201 shall be applied to reduce the period of time a person shall serve before being eligible for parole.
Any person who, on or after July 1, 1993, has been sentenced upon a conviction of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and any person who has been sentenced to a term of life imprisonment or two or more life sentences shall be classified within the system established by § 53.1-201. Such person shall be eligible for no more than ten days good conduct credit for each thirty days served, regardless of the class to which he is assigned. One-half of such credit shall be applied to reduce the period of time he shall serve before being eligible for parole. Additional good conduct credits may be approved by the Director for such persons in accordance with § 53.1-191.
Code 1950, § 53-209.2; 1981, c. 392; 1982, c. 636; 1993, c. 491; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-200. Conditions for good conduct allowance

Regulations approved by the Director shall govern the earning of good conduct allowance. The regulations shall require, as a condition for earning the allowance, that a prisoner participate in an appropriate educational, training, work, counseling or substance abuse program or other program intended for his rehabilitation, as provided in § 53.1-32.1. The amount of good conduct allowance to be credited to those persons eligible therefor shall be based upon compliance with written prison rules or regulations; a demonstration of responsibility in the performance of assignments; and a demonstration of a desire for self-improvement.
Code 1950, § 53-209.3; 1981, c. 392; 1982, c. 636; 1994, c. 582; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-201. Classification system for good conduct allowance

Good conduct allowances shall be based upon a four-level classification system. Such system shall be established as follows:
1. Class I at a rate of thirty days credit for each thirty days served. Class I shall be reserved for persons whose initiative, conduct and performance in their assignments are exemplary. Consideration for Class I credit shall be given to persons who perform in assignments requiring a high degree of trust, extra long hours or specialized skills.
2. Class II at a rate of twenty days credit for each thirty days served. Class II shall be reserved for persons whose initiative, conduct and performance in their assignments are satisfactory. Consideration for Class II credit shall be given to persons who require moderate supervision in their assignments and whose assignments require responsibility in the care and maintenance of property.
3. Class III at a rate of ten days credit for each thirty days served. Class III shall be reserved for persons whose conduct and performance in their assignments are marginal. Persons requiring intensive supervision in their assignments and exhibiting minor disciplinary problems may be assigned to Class III.
4. Class IV at a rate of no credit for each thirty days served. Class IV shall be reserved for persons who are in isolation or segregation status for disciplinary or security reasons and persons whose conduct and performance in their assignments are so unsatisfactory as to eliminate consideration for good conduct allowance.
Persons may be reclassified for an increase or decrease in class according to rules and regulations established pursuant to § 53.1-200.
Code 1950, § 53-209.4; 1981, c. 392; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-202. Good conduct allowance for previous confinement; entry level

Upon receipt by the Department, persons who have been confined while awaiting transfer to a state correctional facility shall be credited with such time as is certified to the Department in accordance with §§ 53.1-116 and 53.1-129 and as is otherwise provided by law. Certified good conduct allowance shall be applied to reduce the person's maximum term of confinement, and one-half of such credit shall be applied to reduce the period of time the person shall serve before being eligible for parole.
After admission to a state correctional facility, a person shall be credited at the rate of fifteen days for each thirty days of time served with satisfactory conduct. The person shall remain in this credit level until classified in accordance with § 53.1-201.
Code 1950, § 53-209.5; 1981, c. 392; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-202.1. Limitation upon applicability of this article

The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.
1994, 2nd Sp. Sess., cc. 1, 2.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-202.2. Eligibility for earned sentence credits

A. Every person who is convicted of a felony offense committed on or after January 1, 1995, and who is sentenced to serve a term of incarceration in a state or local correctional facility shall be eligible to earn sentence credits in the manner prescribed by this article. Such eligibility shall commence upon the person's incarceration in any correctional facility following entry of a final order of conviction by the committing court. As used in this chapter, "sentence credit" and "earned sentence credit" mean deductions from a person's term of confinement earned through adherence to rules prescribed pursuant to § 53.1-25, through program participation as required by §§ 53.1-32.1 and 53.1-202.3, and by meeting such other requirements as may be established by law or regulation. One earned sentence credit shall equal a deduction of one day from a person's term of incarceration.
B. A juvenile convicted as an adult and sentenced as a serious juvenile offender under clause (i) of subdivision A 1 of § 16.1-272 shall be eligible to earn sentence credits for the portion of the sentence served with the Department of Juvenile Justice in the manner prescribed by this article. Consideration for earned sentence credits shall require adherence to the facility's rules and the juvenile's progress toward treatment goals and objectives while sentenced as a serious juvenile offender under § 16.1-285.1.
1994, 2nd Sp. Sess., cc. 1, 2; 2008, c. 517.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-202.4. Director to establish certain rules, criteria, etc.

The Director shall:
1. Establish the criteria upon which a person shall be deemed to have earned sentence credits;
2. Establish the bases upon which earned sentence credits may be forfeited;
3. Establish the number of earned sentence credits which will be forfeited for violations of various (i) institutional rules, (ii) program participation requirements or (iii) other requirements for the retention of sentence credits; and
4. Establish such additional requirements for the earning of sentence credits as may be deemed advisable and as are consistent with the purposes of this article.
1994, 2nd Sp. Sess., cc. 1, 2; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-202.5. Department to provide programs

The Department shall ensure that educational, vocational, counseling, and substance abuse programs for earning sentence credits are available at all state correctional facilities.
2020, Sp. Sess. I, cc. 50, 52.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 7 - Crimes and Criminal Proceedings Involving Prisoners › § 53.1-203. Felonies by prisoners; penalties

It shall be unlawful for a prisoner in a state, local or community correctional facility or in the custody of an employee thereof to:
1. Escape from a correctional facility or from any person in charge of such prisoner;
2. Willfully break, cut or damage any building, furniture, fixture or fastening of such facility or any part thereof for the purpose of escaping, aiding any other prisoner to escape therefrom or rendering such facility less secure as a place of confinement;
3. Make, procure, secrete or have in his possession any instrument, tool or other thing for the purpose of escaping from or aiding another to escape from a correctional facility or employee thereof;
4. Make, procure, secrete or have in his possession a knife, instrument, tool or other thing not authorized by the superintendent or sheriff which is capable of causing death or bodily injury;
5. Procure, sell, secrete or have in his possession any chemical compound which he has not lawfully received;
6. Procure, sell, secrete or have in his possession a controlled substance classified in Schedule III of the Drug Control Act (§ 54.1-3400 et seq.) or marijuana;
7. Introduce into a correctional facility or have in his possession firearms or ammunition for firearms;
8. Willfully burn or destroy by use of any explosive device or substance, in whole or in part, or cause to be so burned or destroyed, any personal property, within any correctional facility;
9. Willfully tamper with, damage, destroy, or disable any fire protection or fire suppression system, equipment, or sprinklers within any correctional facility; or
10. Conspire with another prisoner or other prisoners to commit any of the foregoing acts.
For violation of any of the provisions of this section, except subdivision 6, the prisoner shall be guilty of a Class 6 felony. For a violation of subdivision 6, he shall be guilty of a Class 5 felony. If the violation is of subdivision 1 of this section and the escapee is a felon, he shall be sentenced to a mandatory minimum term of confinement of one year, which shall be served consecutively with any other sentence. The prisoner shall, upon conviction of escape, immediately commence to serve such escape sentence, and he shall not be eligible for parole during such period. Any prisoner sentenced to life imprisonment who escapes shall not be eligible for parole. No part of the time served for escape shall be credited for the purpose of parole toward the sentence or sentences, the service of which is interrupted for service of the escape sentence, nor shall it be credited for such purpose toward any other sentence.
Code 1950, § 53-291; 1966, c. 300; 1970, c. 648; 1973, c. 403; 1975, c. 588; 1977, c. 497; 1978, cc. 177, 361; 1982, c. 636; 1985, c. 555; 1988, c. 371; 2004, c. 461; 2006, c. 104; 2011, cc. 384, 410; 2014, cc. 674, 719.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 7 - Crimes and Criminal Proceedings Involving Prisoners › § 53.1-204. If prisoner commits any other felony, how punished

If a prisoner in a state, local or community correctional facility or in the custody of an employee thereof commits any felony other than those specified in §§ 18.2-31, 18.2-55 and 53.1-203, which is punishable by confinement in a state correctional facility, such prisoner shall be subject to the same punishment therefor as if he were not a prisoner.
Code 1950, § 53-294; 1970, c. 648; 1975, c. 588; 1982, c. 636; 2021, Sp. Sess. I, cc. 344, 345.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 7 - Crimes and Criminal Proceedings Involving Prisoners › § 53.1-205. Jurisdiction for trial of prisoners; nature of proceedings

Subject to the provisions of §§ 53.1-203 and 53.1-204, the jurisdiction, proceedings, trial and judgment in a criminal proceeding against a person confined in a state correctional facility shall be as is provided for in other cases of criminal prosecution.
Code 1950, §§ 53-295, 53-300; 1966, c. 430; 1970, c. 593; 1973, c. 59; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 7 - Crimes and Criminal Proceedings Involving Prisoners › § 53.1-206. When prisoner surrendered as witness; certificate

Prisoners may be surrendered as witnesses if a judge of any court of record of the United States or of the District of Columbia, or of any state certifies under the seal of such court that:
1. There is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence;
2. A person confined in any state correctional facility in Virginia is a material witness in such prosecution or grand jury investigation, and his presence will be required at a time stated;
3. The officer presenting the certificate is authorized to receive custody of such prisoner and will retain him in his custody until his return to this Commonwealth; and
4. The prisoner will be safely returned to the custody of the Director at such state correctional facility, as the Director may direct.
Upon presentation of such certificate to the Director, if he is of the opinion that the ends of justice will be promoted thereby, the Director may, with the approval of the Governor, surrender the prisoner into the custody of the officer named in the certificate.
Code 1950, § 53-301; 1970, c. 648; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 7 - Crimes and Criminal Proceedings Involving Prisoners › § 53.1-208. Prisoners indicted or charged with crime outside Virginia; certificate; authority of officer with custody of prisoner

If a similar certificate, similarly executed, shall state that a prisoner has been indicted or stands legally charged with a crime outside Virginia, the Director may, with the approval of the Governor, likewise deliver the prisoner to the officer presenting the certificate. Such delivery may be conditioned upon the return of the prisoner under such circumstances as the Governor may prescribe.
Any officer of the United States, the District of Columbia, or any other state to whom custody of any such prisoner has been surrendered, is hereby clothed with the authority and powers of a sheriff or a state correctional officer with respect to the custody of the prisoner in this Commonwealth.
Any duly authorized officer of the United States, the District of Columbia, or any other state, while engaged in transporting through Virginia to any other state any prisoner of the United States, the District of Columbia, or any other state, lawfully taken or surrendered into his custody either within or without Virginia in any manner, shall while transporting such prisoner into or through Virginia, be clothed with all of the authority and powers of a sheriff or of a state correctional officer with respect to the custody of the prisoner in this Commonwealth.
Code 1950, § 53-303; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 7 - Crimes and Criminal Proceedings Involving Prisoners › § 53.1-209. Foreign prisoners to be held in Virginia

Pursuant to the order or request of the Governor, of any court, attorney for the Commonwealth of Virginia, or any other authorized officer, if any prisoner of the United States, District of Columbia or of any other state be tendered to the custody of the Director or any duly authorized officer of a state correctional facility, either within this Commonwealth or to be transported to this Commonwealth to be held for trial for crime in Virginia or as a witness in any criminal proceeding in Virginia, the Director or officer is hereby authorized to receive the prisoner into custody. The Director or officer is hereby clothed with the same powers with respect to custody as is possessed over prisoners held after conviction of a crime and sentencing to a state correctional facility by a court of this Commonwealth.
Code 1950, § 53-304; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 8 - Agreement on Detainers › § 53.1-211. Meaning of "appropriate court."

The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this Commonwealth, mean circuit courts and district courts.
Code 1950, § 53-304.2; 1970, c. 407; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 8 - Agreement on Detainers › § 53.1-212. Cooperation in enforcement

All courts, departments, agencies, officers and employees of this Commonwealth and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Code 1950, § 53-304.3; 1970, c. 407; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 8 - Agreement on Detainers › § 53.1-213. Escape of person in custody pursuant to detainer

Any person who is in the custody of an officer of this Commonwealth pursuant to a detainer issued in accordance with this chapter and who escapes from such custody shall be guilty of a felony and punished by confinement in a state correctional facility for not less than one nor more than five years.
Code 1950, § 53-304.5; 1970, c. 407; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 8 - Agreement on Detainers › § 53.1-214. Authority and duty of official in charge of facility

It shall be lawful and mandatory upon the superintendent, warden or other official in charge of a state or local correctional facility in this Commonwealth to give over the person of any prisoner thereof whenever so required by the operation of the Agreement on Detainers.
Code 1950, § 53-304.6; 1970, c. 407; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 8 - Agreement on Detainers › § 53.1-215. Designation of central administrator and information agent

The Attorney General is hereby authorized and empowered to designate the officers who shall serve as central administrator of and information agent for the Agreement on Detainers pursuant to the provisions of Article VII of the agreement.
Code 1950, § 53-304.7; 1970, c. 407; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 9 - Interstate Corrections Compact › § 53.1-217. Authority of Director

The Director is authorized and directed to do all things necessary and incidental to the carrying out of the compact in every particular. He may in his discretion delegate this authority to some other appropriate official.
Code 1950, § 53-304.10; 1977, c. 339; 1982, c. 636.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 12 - Executive Clemency › § 53.1-231. Investigation of cases for executive clemency by Parole Board

The Virginia Parole Board shall, at the request of the Governor, investigate and report to the Governor on cases in which executive clemency is sought. In any other case in which it believes action on the part of the Governor is proper or in the best interest of the Commonwealth, the Board may investigate and report to the Governor with its recommendations.
Code 1950, § 53-229; 1970, c. 648; 1982, c. 636.
2023 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.