reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-19. Establishment of correctional institutions

The Director shall determine the necessity for and select the site of any new state correctional facility and any land to be taken or purchased by the Commonwealth for the purposes of any new or existing state correctional facility. The Director shall have charge of the construction of any new building at any state correctional facility, shall determine the design thereof, and for this purpose may employ architects and other experts or hold competitions for plans and designs. On or after January 1, 1996, at least ninety days in advance of the issuance of requests for proposals for construction, notice shall be given by the Director to the chairman of the board of supervisors or mayor of a county, city or town in which the facility is to be established or expanded for the purpose of the confinement of inmates. In addition, if the local governing body in the jurisdiction where the facility is to be located so requests, upon receipt of such request, the Department shall hold a public hearing in that jurisdiction. The Director may, if he finds it practical and economical, use persons sentenced to the Department as laborers in the construction of such structures.
If land or property is taken or purchased by the Department, title shall be taken in the name of the Commonwealth. The original names of all state correctional facilities shall be designated by the Department and approved by the Governor.
Code 1950, § 53-76.1; 1970, c. 648; 1974, cc. 44, 45; 1976, c. 393; 1982, c. 636; 1995, c. 846; 1996, c. 234; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-20. Commitment of convicted persons to custody of Director

A. Every person convicted of a felony committed before January 1, 1995, and sentenced to the Department for a total period of more than two years shall be committed by the court to the custody of the Director of the Department. The Director shall receive all such persons into the state corrections system within sixty days of the date on which the final sentencing order is mailed by certified letter or sent by electronic transmission to the Director by the clerk.
B. Persons convicted of felonies committed on or after January 1, 1995, and sentenced to the Department or sentenced to confinement in jail for a year or more shall be placed in the custody of the Department and received by the Director into the state corrections system within sixty days of the date on which the final sentencing order is mailed by certified letter or sent by electronic transmission to the Director by the clerk.
C. If the Governor finds that the number of prisoners in state facilities poses a threat to public safety, it shall be within the discretion of the Director to determine the priority for receiving prisoners into the state corrections system from local correctional facilities.
D. All felons sentenced to a period of incarceration and not placed in an adult state correctional facility pursuant to this section shall serve their sentences in local correctional facilities which shall not include a secure facility or detention home as defined in § 16.1-228.
E. Felons committed to the custody of the Department for a new felony offense shall be received by the Director into the state corrections system in accordance with the provisions of this section without any delay for resolution of (i) issues of alleged parole violations set for hearing before the Parole Board or (ii) any other pending parole-related administrative matter.
F. After accounting for safety, security, and operational factors, the Director shall place prisoners who are known primary caretakers of minor children in a facility as close as possible to such children.
Code 1950, §§ 19-270, 19.1-296, 53-21.1; 1960, c. 366; 1966, c. 522; 1970, cc. 67, 648; 1972, c. 145; 1973, c. 330; 1974, cc. 44, 45, 506; 1981, c. 529; 1982, c. 636; 1990, cc. 676, 768; 1993, c. 502; 1994, cc. 128, 859, 949; 1994, 2nd Sp. Sess., cc. 1, 2; 1997, c. 840; 2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-20.1. Compensation of local jails for cost of incarceration

If the Director is unable to accommodate in a state correctional facility any convicted felon sentenced to the Department for a felony committed before January 1, 1995, whose sentence totals more than two years or who is convicted of a felony committed on or after January 1, 1995, and who is required to serve a total period of one year or more in a state correctional facility, the Department of Corrections shall compensate local jails for the cost of incarceration as provided for in the general appropriation act beginning on the sixty-first day following the date of mailing by certified letter or electronic transmittal by the clerk of the committing court to the Director of the final order.
1982, c. 680; 1990, cc. 676, 768; 1994, 2nd Sp. Sess., cc. 1, 2; 1997, c. 775.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-21. Transfer of prisoners into and between state and local correctional facilities

A. Any person who (i) is accused or convicted of an offense (a) in violation of any county, city, or town ordinance within the Commonwealth, (b) against the laws of the Commonwealth, or (c) against the laws of any other state or country or (ii) is a witness held in any case in which the Commonwealth is a party and who is confined in a state or local correctional facility may be transferred by the Director, subject to the provisions of § 53.1-20, to any other state or local correctional facility which he may designate.
B. The following limitations shall apply to the transfer of persons into the custody of the Department:
1. No person convicted of violating § 20-61 shall be committed or transferred to the custody of the Department.
2. No person who is convicted of a misdemeanor or a felony and receives a jail sentence of 12 months or less shall be committed or transferred to the custody of the Department without the consent of the Director.
3. Beginning July 1, 1991, and subject to the provisions of § 53.1-20, no person, whether convicted of a felony or misdemeanor, shall be transferred to the custody of the Department when the combined length of all sentences to be served totals two years or less, without the consent of the Director.
Code 1950, §§ 19.2-310.1, 53-19.17, 53-84, 53-103, 53-135.1; Code 1950, § 53-8; 1952, c. 557; 1960, c. 432; 1962, c. 326; 1968, c. 357; 1970, c. 648; 1971, Ex. Sess., c. 110; 1972, c. 573; 1973, cc. 330, 342; 1974, cc. 44, 45; 1976, cc. 287, 462; 1982, c. 636; 1990, cc. 676, 768; 1999, cc. 945, 987; 2021, Sp. Sess. I, c. 463.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-22. Misdemeanant suspected of having contagious disease

Whenever any court shall have reason to believe that a person convicted by it of a misdemeanor who is sentenced to serve time in a local correctional facility is afflicted with any contagious or infectious disease dangerous to the public health, the court shall have such person examined by a licensed physician or licensed advanced practice registered nurse. If the examination reveals the person is afflicted with such disease, the court may commit the person directly to the Department.
Code 1950, § 53-89; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636; 2004, c. 855; 2023, c. 183.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-23. Fingerprints, photographs and description

A. Photographs, fingerprints, and a description of each person received by the Department shall be taken and filed for identification purposes. If the person is serving a sentence for an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390, such photographs, fingerprints, and description of such person received by the Department shall be provided to the Central Criminal Records Exchange and, unless otherwise prohibited by law, may be classified and filed as part of the criminal history record information of that person. Subject to the provisions of §§ 19.2-387 through 19.2-392, the Department shall cooperate with federal, state, county, and city law-enforcement agencies, insofar as it may deem proper, in disclosing information concerning such persons and in the taking of fingerprints and photographs of persons charged with the commission of an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390.
B. The Department shall review each person's criminal history record at least 60 days prior to his scheduled release from a state correctional facility to determine whether all offenses for which that person has been committed appear on such record and, if any such offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 does not appear, (i) take and provide fingerprints and a photograph of the person to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information pursuant to subsection D of § 19.2-390 and (ii) provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that such offense does not appear on the offender's criminal history record.
Code 1950, § 53-40; 1970, c. 648; 1982, c. 636; 2019, cc. 782, 783.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-23.2. Department to give notice of the receipt of certain prisoners

A. At the time of receipt of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the Department shall obtain from that person all necessary registration information, including fingerprints and photographs of a type and kind approved by the Department of State Police. A person required to register shall register and submit to be photographed as part of the registration. The Department shall forthwith forward the registration information and photograph to the Department of State Police on the date of the receipt of the prisoner.
B. Whenever a person required to register has failed to comply with the provisions of subsection A, the Department shall promptly investigate or request the State Police promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person was received. The Department shall notify the State Police forthwith of such actions taken pursuant to this section.
2006, cc. 857, 914.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-24. Record of convictions and register to be kept

The Director shall file and preserve a copy of the judgment furnished by the clerk of the court of conviction of each prisoner and keep a register describing the term of his confinement, for what offense, and when received into a state correctional facility. The Director may dispose of these records with the consent of The Library of Virginia in accordance with retention regulations for records maintained by the Department established under the Virginia Public Records Act (§ 42.1-76 et seq.).
Code 1950, § 53-24; 1982, c. 636; 1994, c. 64; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-25. Director to prescribe rules; rules to be available to prisoners

The Director may prescribe rules for the preservation of state property and the health of prisoners in state correctional facilities and for the government thereof. Printed copies of all such rules shall be made available to prisoners under such terms and conditions as the Director may prescribe.
Code 1950, § 53-23; 1970, c. 648; 1977, c. 354; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-25.1. Rules of state correctional facilities

A. The Director shall prescribe rules for state correctional facilities to ensure that when physical contact is required between an officer and an inmate and when the inmate is required by circumstances to disrobe, to the greatest extent possible, the officer shall be the same gender as the inmate. However, such rules may allow for the suspension of the provisions of this subsection during the period of a declared emergency.
B. When contact is required between an officer and an inmate and when the inmate is required by circumstances to disrobe and the officer is not the same gender as the inmate, the officer involved shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the incident, containing the justification for the suspension of the provisions of subsection A.
2000, c. 807; 2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-26. Confiscation of prohibited articles

Any item of personal property which a prisoner in any state correctional facility is prohibited from possessing by the Code of Virginia or by the rules of the Director shall, when found in the possession of a prisoner, be confiscated and sold or destroyed as the Director may direct. Any funds from the sale of such property shall be invested and used as provided in § 53.1-44.
Code 1950, § 53-23.1; 1968, c. 222; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-27. Establishment of stores in state correctional facilities

The Director is hereby authorized to provide for the establishment and operation of stores or commissaries in state correctional facilities to deal in such articles as he deems proper. The profits from the operation of such stores shall be used for educational, recreational, pre-release and post-release reentry and transition services, or other purposes beneficial to the inmate population as may be prescribed by the Director.
Code 1950, § 53-19.9; 1974, cc. 44, 45; 1982, c. 636; 1996, cc. 28, 230; 2004, c. 417.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing

For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of 30 days prior to the date upon which such prisoner's term would normally expire. The Director shall provide each prisoner with the following documents upon discharge: (i) verification of the prisoner's work history while in custody; (ii) certification of all educational and treatment programs completed by the prisoner while in custody; and (iii) a copy of his medical records, so long as such prisoner requests a copy of his records at least 60 days prior to the date upon which the prisoner's term would expire. The Department shall develop procedures wherein the records are to be made available to the prisoner in a safe and secure manner.
The Director or his designee upon the discovery of an improper release or discharge of a prisoner from custody shall report such release or discharge to the circuit court of the jurisdiction wherein the prisoner was released or discharged. The circuit court shall then issue a warrant for the arrest of the prisoner which may be executed by any duly sworn correctional officer or law-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility from which he was released or discharged, or to any other correctional facility designated by the Director to serve the remainder of his sentence.
Code 1950, § 53-37; 1964, c. 140; 1968, c. 303; 1982, c. 636; 2006, cc. 108, 132.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-29. Authority for correctional officers and other employees to carry weapons

It shall be lawful for any correctional officer and any noncustodial employee who has been designated by the Director of the Department, and who has completed the basic course in firearms for correctional officers as approved by the Department of Criminal Justice Services, to carry and use sufficient weapons to prevent escapes, suppress rebellion, and defend or protect himself or others in the course of his assigned duties.
Code 1950, § 53-39; 1970, c. 648; 1979, c. 642; 1982, c. 636; 1984, c. 720; 1996, cc. 804, 838.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-30. Who may enter interior of state correctional facilities; searches of those entering

A. The Governor and members of the General Assembly may go into the interior of any state correctional facility. Attorneys shall be permitted in the interior of a state correctional facility to confer with prisoners who are their clients and with prisoners who are witnesses in cases in which they are involved. The Director shall prescribe the time and conditions on which attorneys and other persons may enter any state correctional facility.
B. The Department shall promulgate a policy to assist a person who was a victim of a crime committed by an offender incarcerated in any state correctional facility to visit with such offender. Such policy may include provisions necessary to preserve the safety and security of those at such visit and the good order of the facility, including consideration of the offender's security level, crime committed, and institutional behavior of the offender. The Department shall make whatever arrangements are necessary to effectuate such a visit. This subsection shall not apply to juvenile victims.
C. Any person seeking to enter the interior of any state correctional facility shall be subject to a search of his person and effects, as provided in § 53.1-1.2. Such search shall be performed in a manner reasonable under the circumstances and may be a condition precedent to entering a correctional facility. However, no child under the age of 18 shall be strip searched or subjected to a search of any body cavity under any circumstances.
D. The Department may not permanently ban any person, or insinuate that any person will be permanently banned, from seeking entrance to a state correctional facility on the basis of such person's refusal to consent to a strip search or a search of any body cavity when such person is seeking to enter the interior of any state correctional facility. If a person refuses to consent to a strip search or a search of any body cavity when such person is seeking to enter the interior of any state correctional facility, the Department may deny such person entry to the facility, unless otherwise provided by law, but may not deny such person any future entry on the basis of a prior refusal to consent.
Code 1950, § 53-60.1; 1970, c. 648; 1978, c. 306; 1982, c. 636; 2010, c. 844; 2020, cc. 759, 1170, 1181.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-31. Sale or lease of gas, oil, or minerals

The Director is empowered to make and execute contracts, easements and leases in the name of the Commonwealth for the removal or mining of gas, oil or any valuable minerals that may be found in any real estate, title of which is vested in the Department, whenever it appears to the Department that it will be in the best interest of the Commonwealth to make such disposition of such gas, oil or minerals. Before a contract, easement or lease is made, the same shall be approved by the Governor, and any contract, easement or lease shall be approved as to form by the Attorney General.
Bids therefor shall be received after notice by publication once a week for four successive weeks in at least two newspapers of general circulation. The Director shall have the right to reject any or all bids and to readvertise for bids. The accepted bidder shall give bond with good and sufficient surety to the satisfaction of the Director and in such amount as he may fix for the faithful performance of all the conditions and covenants of such contract, easement or lease.
Each such contract, easement or lease may be for a period not exceeding five years, may include the right to renew the same for an additional period not exceeding five years each and shall specify the rent royalties and other terms deemed expedient and proper. Such contracts, easements and leases may, in addition to any other rights, authorize the grantees and lessees to prospect for and take from the real estate oil, gas and such other minerals as are therein specified. No such contract, easement or lease shall in any way affect or interfere with the orderly operation of any state correctional facility. All rents or royalties collected from such contracts, easements or leases shall be paid into the state treasury to the credit of the general fund.
Code 1950, § 53-19.38:1; 1978, c. 474; 1982, c. 636; 1984, c. 734; 1989, c. 733; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-31.1. Transportation of prisoners

A. Notwithstanding any other provision of law, the Department shall provide all transportation to and from court for any prisoner in connection with a crime committed within a state correctional facility, or a facility operated pursuant to the Corrections Private Management Act (§ 53.1-261 et seq.), unless the affected sheriff and the Department agree on other transportation. Auxiliary police forces established under § 15.2-1731 who have met the training requirements of § 9.1-102, with the concurrence of the sheriff or other chief law-enforcement officer as appropriate, are specifically authorized to provide such transportation.
B. Authorized corrections personnel from any other state, the United States, and any political subdivisions thereof who transport a prisoner through the Commonwealth, deliver a prisoner to the Commonwealth, or take custody of a prisoner in the Commonwealth for transport to another jurisdiction are deemed to have lawful custody of such prisoner while in the Commonwealth.
C. Authorized Virginia corrections personnel who have a need to travel with a prisoner through or to another state are authorized to travel through such state and retain authority over such prisoner as allowed by such state.
2002, c. 240; 2003, c. 154; 2012, c. 827; 2015, c. 99.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-31.2. Notification of child support due by a prisoner

The Department of Corrections shall cooperate with the Division of Child Support Enforcement to provide at regular intervals, but at least annually, a list of persons incarcerated. Upon receipt of such list, the Division shall identify those prisoners who are the subject of a court or administrative order requiring them to pay child support and the amount of each prisoner's obligation. The Division shall then inform the Department of the prisoners owing child support payments and the Department may inform the prisoner upon his reentry the amount of his arrearage.
2008, c. 763.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-31.3. Notification of incarcerated individuals ineligible for public assistance

The Department shall, at regular intervals but at least monthly, provide the Department of Social Services with a list of all individuals committed to the custody of the Department of Corrections during the preceding month, to facilitate identification of prisoners who were receiving public assistance benefits prior to commitment to the custody of the Department and who may, as a result of their incarceration, be ineligible to receive such benefits.
2013, c. 218.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-31.4. Department of Corrections-issued identification

Prior to the release or discharge of any prisoner who has been confined for at least 90 days and does not possess a government-issued identification card, birth certificate, and Social Security card, the Department shall provide the assistance necessary for such prisoner to apply for and obtain such identification and documents prior to his release or discharge, provided that the Department has or can readily obtain all records and information necessary for their issuance. If the prisoner is unable to obtain a government-issued identification card prior to his release or discharge, the Department shall provide the prisoner with a Department of Corrections Offender Identification form. If the Department receives a government-issued identification card, birth certificate, or Social Security card for a prisoner after his release or discharge, the Department shall forward such identification or document to the prisoner. Unless the prisoner is determined to be indigent pursuant to § 19.2-159, all costs and fees associated with applying for and obtaining any identification or documents pursuant to this section shall be paid by the prisoner.
2020, cc. 484, 523.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-32. Treatment and control of prisoners; recreation; religious services

A. It shall be the general purpose of the state correctional facilities to provide proper employment, training and education in accordance with this title, medical and mental health care and treatment, discipline and control of prisoners committed or transferred thereto. The health service program established to provide medical services to prisoners shall provide for appropriate means by which prisoners receiving nonemergency medical services may pay fees based upon a portion of the cost of such services. In no event shall any prisoner be denied medically necessary service due to his inability to pay.
B. The Department of Corrections shall establish and maintain a treatment program for prisoners convicted pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 and committed to its custody. The program shall include a clinical assessment of all such prisoners upon receipt into the custody of the Department of Corrections and the development of appropriate treatment plans, if indicated. A licensed psychiatrist or licensed clinical psychologist who is experienced in the diagnosis, treatment, and risk assessment of sex offenders shall oversee the program and the program shall be administered by a licensed psychiatrist, licensed clinical psychologist, or a licensed mental health professional who is a certified sex offender treatment provider as defined in § 54.1-3600.
C. The Director shall provide a program of recreation for prisoners. The Director may establish, with consultation from the Department of Behavioral Health and Developmental Services, a comprehensive substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and may make such program available to any prisoner requiring the services provided by the program.
D. The Director or his designee who shall be a state employee is authorized to make arrangements for religious services for prisoners at times as he may deem appropriate. When such arrangements are made pursuant to a contract or memorandum of understanding, the final authority for such arrangements shall reside with the Director or his designee.
Code 1950, §§ 53-33, 53-94; 1970, c. 648; 1982, c. 636; 1992, c. 740; 1993, c. 768; 1995, cc. 766, 821; 1998, c. 798; 2009, cc. 740, 813, 840; 2010, c. 261; 2012, cc. 803, 835; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-32.01. Payment for bodily injury

The Director is authorized to establish administrative procedures for recovering from an inmate the cost for medical treatment of a bodily injury that is inflicted intentionally on any person by the inmate. Such administrative procedures shall ensure that the inmate is afforded due process.
1997, c. 125; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-32.1. Classification system; program assignments; mandatory participation

A. The Director shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on an assessment of needs, determines appropriate program assignments including career and technical education, work activities and employment, academic activities which at a minimum meet the requirements of § 66-13.1, counseling, alcohol and substance abuse treatment, and such related activities as may be necessary to assist prisoners in the successful transition to free society and gainful employment.
B. The Director shall, subject to the availability of resources and sufficient program assignments, place prisoners in appropriate full-time program assignments or a combination thereof to satisfy the objectives of a treatment plan based on an assessment and evaluation of each prisoner's needs. Compliance with specified program requirements and attainment of specific treatment goals shall be required as a condition of placement and continuation in such program assignments. The Director may suspend programs in the event of an institutional emergency.
C. For the purposes of implementing the requirements of subsection B, prisoners shall be required to participate in such programs according to the following schedule:
1. From July 1, 1994, through June 30, 1995, an average of 24 hours per week.
2. From July 1, 1995, through June 30, 1996, an average of 28 hours per week.
3. From July 1, 1996, through June 30, 1997, an average of 30 hours per week.
4. From July 1, 1997, through June 30, 1998, an average of 36 hours per week.
5. From July 1, 1998, and thereafter, an average of 40 hours per week.
D. Notwithstanding any other provision of law, prisoners refusing to accept a program assignment shall not be eligible for good conduct allowances or earned sentence credits authorized pursuant to Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. Such refusal shall also constitute a violation of the rules authorized pursuant to § 53.1-25 and the Director shall prescribe appropriate disciplinary action.
E. The Director shall maintain a master program listing, by facility and program location, of all available permanent and temporary positions. The Director may, consistent with § 53.1-43, establish a system of pay incentives for such assignments based upon difficulty and level of effort required.
F. Inmates employed pursuant to Article 2 (§ 53.1-32 et seq.) of Chapter 2 of this title shall not be deemed employees of the Commonwealth of Virginia or its agencies and shall be ineligible for benefits under Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2, Chapter 6 (§ 60.2-600 et seq.) of Title 60.2, Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 or any other provisions of the Code pertaining to the rights of state employees.
1993, c. 768; 1994, 2nd Sp. Sess., cc. 1, 2; 2001, c. 483; 2012, cc. 803, 835; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-32.2. Reentry planning

The Department shall develop and implement, in cooperation with and taking into account the individual needs and willingness to participate of the inmate, a comprehensive reentry plan for each person committed to the supervision of the Department, as soon as practicable, considering the prisoner's anticipated release date. Such plan shall identify educational, vocational, therapeutic, and other programs necessary to prepare the person for successful transition from prison to society upon the person's discharge and shall include mentor pairing to the extent possible. The Department shall coordinate any reentry programs provided through the Department pursuant to the reentry plan with any other reentry or other relevant programs offered by any public or private organization or entity at the local, state, or federal level, which are also included in the plan.
2008, cc. 177, 402.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-33. Physical examination of prisoner; ability to work

Each person received by the Department shall be examined by a licensed physician upon his arrival, within 30 days prior to any work assignment in food services, medical services, or cosmetological services or a change in work assignment, and at such other times thereafter as may be deemed necessary. The work that a prisoner is required to do shall be dependent upon the report of the physician as to his physical and mental capacity.
The warden, in consultation with the physician, may exclude prisoners, on a case-by-case basis, from work assignments based upon the classification of the institution and the safety and good order of the institution. Special consideration should be used in assigning any inmate with an infectious disease to assignments in food services, medical services, and cosmetological services.
Code 1950, § 53-47; 1970, c. 630; 1979, c. 700; 1982, c. 636; 2007, c. 591.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-33.1. Mandatory testing for human immunodeficiency virus

The Department shall offer to test each inmate, who does not have a record of a positive test result, for infection with human immunodeficiency virus within 60 days of the scheduled discharge of the inmate from a state correctional facility. Prior to administering a test for human immunodeficiency virus, the Department shall inform, or cause to be informed, the inmate to be tested of the purpose of the test. Any inmate may choose not to be tested.
2011, cc. 398, 415.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-34. Treatment of prisoner with contagious disease

The Director may, upon the application of the person in charge of any state correctional facility who has been requested in writing so to do by the physician at such facility, have removed from such facility any prisoner therein who has contracted any contagious or infectious disease dangerous to the public health to some place to be designated by the Director. When any prisoner is so removed, he shall be safely kept and treated for such disease and, as soon as he recovers his health, be returned to such facility unless the term of his imprisonment has expired, in which event he shall be discharged, but not until all danger of his spreading contagion has passed. Expenses incurred by reason of this section shall be borne by the Commonwealth.
Code 1950, § 53-94; 1970, c. 648; 1979, c. 109; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-35. Correspondence privileges; receipt of publications

The Director is authorized to prescribe reasonable rules regarding correspondence privileges and the receipt of books, newspapers and periodicals by prisoners within state correctional facilities.
Code 1950, § 53-34; 1970, c. 648; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-35.1. Electronic visitation and messaging with inmates; fees

The Director is authorized to prescribe reasonable rules regarding electronic visitation systems or electronic messaging systems, including Voice-over-Internet Protocol technology and web-based communication systems, for communication between prisoners and third parties and collection of a fee for the system utilized. Any state correctional facility that utilizes such systems shall establish such system allowing for the security needs of the facility. Any state correctional facility that utilizes such system shall not prohibit in-person visitation.
This section does not apply to telephonic communication systems or to electronic video and audio communication systems used in judicial proceedings.
2018, c. 66.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-35.2. Visitation of certain prisoners by minor dependents

A. The Director is authorized to prescribe reasonable rules regarding visitation that shall include authorization of visitation by minor dependents of prisoners who are primary caretakers of minor children with Level 1 or Level 2 security classifications that include (i) opportunities for dependent children under the age of 18 to visit their incarcerated primary caretakers at least twice per week unless an employee of the Department has a reasonable belief that the child (a) may be harmed during visitation or (b) poses a security risk due to a gang affiliation, prior conviction, or past violation of a correctional facility's contraband policy; (ii) the elimination of restrictions on the number of dependent children under the age of 18 that may be permitted visitation privileges; and (iii) authorization for contact visits for prisoners who are primary caretakers of minor children.
B. Nothing in this section shall prevent the Department from refusing visitation of a minor child based on an individualized determination by the Director, warden, or superintendent that such visitation presents security or operational risks.
2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-36. Prisoners may assist in medical research programs

Subject to the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1, the Director may permit such prisoners as may volunteer to undergo experimental treatment or tests in state or federal medical research programs.
Code 1950, § 53-57.1; 1962, c. 48; 1982, c. 636; 1992, c. 603.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-37. Furloughs generally; travel expenses; penalties for violations

A. The Director may extend the limits of confinement of any prisoner in any state correctional facility to permit him a furlough under the provisions of this section for the purpose of visiting his home or family. Such furlough shall be for a period to be prescribed by the Director or his designee, in his discretion, not to exceed three days in addition to authorized travel time. Except for furloughs permitted under subsection C, the time during which a prisoner is on furlough shall not be counted as time served against any sentence, and during any furlough, no earned sentence credits as defined in § 53.1-116, good conduct allowance, or any other reduction of sentence shall accrue. The Director shall promulgate rules and regulations governing extension of limits of confinement hereunder.
B. The Director may, when feasible, require the prisoner or his relatives to bear the travel expense required for such visit or a prescribed portion thereof. Such travel expense shall include all amounts necessarily expended for travel, food and lodging of such prisoner and any accompanying personnel of the Department during such furlough, and a per diem amount set by the Director to reimburse the Department for furnishing custodial personnel.
C. The Director may permit a prisoner a furlough when the prisoner has been approved for release on parole by the Parole Board and 30 days or less remain to be served by the prisoner prior to his date of release on parole. Such a furlough shall not exceed 30 days.
D. Any prisoner who willfully fails to remain within the limits of confinement set by the Director hereunder, or who willfully fails to return within the time prescribed to the place designated by the Director in granting such extension, shall be guilty of an escape and shall be subject to penalty as though he left the state correctional facility itself.
E. Any prisoner who without authority or just cause fails to remain within the limits of confinement set by the Director hereunder, or who without authority or just cause fails to return within the time prescribed to the place designated by the Director in granting such extension, shall be guilty of a Class 2 misdemeanor.
F. Fifteen days prior to a prisoner's participation in the furlough program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will stay, notice of the prisoner's participation. Such notice shall include the name, address and criminal history, and any additional information the chief of police or such officer may request. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
Code 1950, § 53-37.1; 1972, c. 59; 1973, c. 234; 1976, c. 476; 1982, c. 636; 1989, c. 652; 2003, c. 846; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-38. When ineligible for furloughs

Any prisoner who is convicted of a felony included within the provisions of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 or arson, burglary or robbery committed while on administrative furlough, shall, after conviction therefor, be ineligible for further furlough during the remainder of the sentence or sentences imposed upon him prior to furlough.
Code 1950, § 53-37.2; 1976, c. 210; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-39. Certain punishment of prisoners prohibited

Notwithstanding any provision of this Code or of any other law, rule, or regulation to the contrary, it shall be unlawful for the Director, the Board, or any other correctional authority having the care, custody, or control of any prisoner in this Commonwealth to make or enforce any rule or regulation providing for the whipping, flogging, or administration of any similar corporal punishment of any prisoner, or to give any specific order for or to cause to be administered or personally to administer or inflict any such corporal punishment.
Code 1950, § 53-55; 1982, c. 636; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-39.1. Restrictive housing; data collection and reporting; report

A. As used in this section:
"Offender" means an adult or juvenile who is confined in a state correctional facility.
"Restrictive housing" means special-purpose bed assignments operated under maximum security regulations and procedures, and utilized under proper administrative process, for the personal protection or custodial management of offenders. The Department of Corrections' restrictive housing shall, at a minimum, adhere to the standards adopted by the American Correctional Association, the accrediting body for the corrections industry.
"Shared Allied Management Unit" or "SAM Unit" means a general population environment used to promote safety within institutions by avoiding the use of restrictive housing to manage vulnerable populations that typically require a high level of services from security, mental health, or medical staff.
"Vulnerable population" means offenders who are at a greater risk of victimization or being bullied in the general population due to characteristics such as cognitive challenge, age (seniors and youthful), small stature, or timid personalities.
B. The Department shall report to the General Assembly and the Governor on or before October 1 of each year the following information for the Department, in the aggregate for the previous fiscal year:
1. The average daily population;
2. The number of offenders who were placed in and the number of offenders who were released from restrictive housing;
3. The age, sex, race, ethnicity, mental health code, medical class code, security level, and custody level classification of each offender housed in restrictive housing or a SAM Unit;
4. The disciplinary offense history preceding placement in restrictive housing or a SAM Unit;
5. The number of days each offender spent in restrictive housing;
6. The number of offenders released from restrictive housing directly into the community;
7. The number of full-time mental health staff; and
8. Any changes made during the reporting period to written policies or procedures of the Department and each state correctional facility relating to the use and conditions of restrictive housing and SAM Units.
C. The Department shall submit the annual report to the Governor, the Chairmen of the House Committee on Public Safety and the Senate Committee on Rehabilitation and Social Services, and the Clerks of the House of Delegates and the Senate as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports, and the annual report shall be posted on the General Assembly's website. The Department shall publish the report on the Department's website following its submission to the Governor, the Chairmen of the House Committee on Public Safety and the Senate Committee on Rehabilitation and Social Services, and the Clerks of the House of Delegates and the Senate.
2019, cc. 453, 516.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40. Appointment of counsel for indigent prisoners

The judge of a circuit court in whose county or city a state correctional facility is located shall, on motion of the attorney for the Commonwealth for such county or city, when he is requested so to do by the superintendent or warden of a state correctional facility, appoint, for a period of no less than thirty days nor more than one year, one or more discreet and competent attorneys-at-law to counsel and assist indigent prisoners therein confined regarding any legal matter relating to their incarceration.
An attorney so appointed shall be paid as directed by the court from the criminal fund reasonable compensation on an hourly basis and necessary expenses based upon monthly reports to be furnished the court by him.
Code 1950, § 53-21.2; 1972, c. 773; 1979, c. 700; 1982, c. 636; 1997, c. 207.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.01. Conditional release of geriatric prisoners

Any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, (i) who has reached the age of sixty-five or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of sixty or older and who has served at least ten years of the sentence imposed may petition the Parole Board for conditional release. The Parole Board shall promulgate regulations to implement the provisions of this section.
1994, 2nd Sp. Sess., cc. 1, 2; 2001, cc. 446, 487.