reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-116.3. Improper release; capias, arrest and hearing

The sheriff or jail superintendent 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 sentencing court. The court shall then for good cause shown issue a capias for the arrest of the prisoner which may be executed by any duly sworn jail officer or law-enforcement officer. Such capias 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 original release or discharge was made improperly, the prisoner shall be returned to the jail facility from which he was released or discharged.
1997, c. 127.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-117. Violations of rules to be recorded in register

Every time any prisoner in jail is guilty of a violation of the rules so prescribed, the name of the prisoner, the rules which he has violated and the time when each violation occurred shall be recorded in a register provided for that purpose.
Code 1950, § 53-152; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-118. Courts to fine sheriffs for failure to perform duties

If it appears to the circuit court having jurisdiction that the sheriff or jail superintendent has in any respect failed to perform his duties with respect to the operation of the jail, the court may, after summoning him to show cause against it, summarily fine him not more than fifty dollars.
Code 1950, § 53-161; 1970, c. 648; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-119. Court duties of sheriff

The sheriff shall provide officers to attend the courts within his jurisdiction while such courts are in session as the respective judges may require. The sheriff, or the superintendent of a regional jail or jail farm, shall receive into the jail facility all persons committed by the order of such courts, or under process issuing therefrom, and all persons committed by any other lawful authority.
Code 1950, § 53-162; 1982, c. 636; 1995, c. 112.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment

A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services.
B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel.
C. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security.
D. Any county or city, through its governing body, may assess a sum not in excess of $20 as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted of a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body that may provide for different sums in the circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the appropriate county or city and held by such treasurer to be appropriated by the governing body to the sheriff's office. The assessment shall be used solely for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security.
Code 1950, § 53-168.1; 1972, c. 135; 1982, c. 636; 1986, c. 568; 1988, c. 119; 1989, c. 571; 2002, cc. 533, 756; 2003, cc. 26, 44; 2004, cc. 390, 432; 2006, c. 495; 2007, c. 377; 2020, c. 602.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-121. Sheriffs to make daily reports to Compensation Board; failure to send report

The sheriff shall report each day to the Compensation Board, giving the record of each prisoner received during the preceding day in an electronic format approved by the Compensation Board, stating whether the offense is for violation of state law or of city or town ordinance.
If any sheriff fails to send such report, the Compensation Board shall notify the sheriff of such failure. If the sheriff fails to make the report within ten days, then the Compensation Board shall cause the report to be prepared from the books of the sheriff and shall certify the cost thereof to the Comptroller. The Comptroller shall issue his warrant on the Treasurer for that amount, deducting the same from any funds that may be due the sheriff by the Commonwealth.
The computer-generated report shall be authenticated by both the chief jailer and the sheriff who shall certify the accuracy of the report. Either authenticator found guilty of willfully falsifying the information contained in such report shall be guilty of a Class 1 misdemeanor.
Code 1950, § 53-169; 1972, c. 573; 1982, c. 636; 1983, c. 358; 1996, c. 288; 1998, cc. 204, 350; 2006, cc. 857, 914.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-122. Daily records of sheriffs and jail superintendents

Each sheriff and jail superintendent shall keep a daily record showing the total number of prisoners confined in the jail of his county or city, the number of prisoners admitted, the number released and the time of each such admittance and release. Such records shall show such information separately as to the prisoners of the Commonwealth, of each county, city or town, of the United States, and of any other state or country.
Code 1950, § 53-170; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-123. Other accounts, information and records as required by Department

Sheriffs and jail superintendents shall keep such other accounts and records and furnish to the Department such information and reports as may be required by the Department.
Code 1950, § 53-171; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-124. Sheriffs and jail superintendents to report to the courts

A. If requested by the judge, the sheriffs of all local jails and the jail superintendents of all regional jails of this Commonwealth shall, on the first day of each term of the circuit court, make written reports to the judge thereof, to the attorney for the Commonwealth, and to city attorneys whose duties include prosecuting certain cases, showing the number of prisoners in jail on that day. The report shall show the name, date of commitment, offense and sentence of each prisoner. The judge of such court, after examining the report, shall enter an order directing the clerk to file the same in the clerk's office of such court.
B. If requested by the chief judge of the circuit court, general district court or juvenile and domestic relations district court, the sheriffs of all local jails and the jail superintendents of all regional jails of the Commonwealth shall report semimonthly to the circuit court, general district court, and juvenile and domestic relations district court, to the attorney for the Commonwealth, and to the public defender, if any, as established in Article 3.1 (§ 19.2-163.01 et seq.) of Chapter 10 of Title 19.2, showing the number of prisoners in jail on that day awaiting trial. The report shall include the name, offense, date of commitment to jail, and amount of bail established.
C. If requested by the judge, the sheriffs of all local jails and the jail superintendents of all regional jails shall report weekly to the juvenile and domestic relations district court located within that county, city or region concerning the identity and number of juveniles kept in their jails and the length of time such juveniles have been incarcerated therein.
Code 1950, § 53-172; 1976, c. 248; 1982, c. 636; 1990, c. 934; 1991, cc. 218, 383; 2004, cc. 884, 921.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-125. Failure of sheriffs or jail superintendents to comply with requirements of board; filing of complaint; withholding salary

If any sheriff or jail superintendent through his default or neglect fails to comply with the requirements of the Board in the operation and management of any jail under his control or management, the Board shall file a complaint with the circuit court of the county or city in which such jail is located, giving ten days' notice to the sheriff or jail superintendent that on a date fixed in the notice the court will conduct a hearing on the complaint. If the court is of the opinion that the complaint is justified, it shall enter an order directing the State Compensation Board to withhold approval of the payment of any further salary to the sheriff or jail superintendent until there has been compliance with specified requirements of the Board. If the court is of the opinion that the charges are unfounded, the complaint shall be dismissed.
Code 1950, § 53-173; 1974, cc. 44, 45; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-126. Responsibility of sheriffs and jail superintendents for food, clothing and medicine

The sheriff or jail superintendent shall purchase at prices as low as reasonably possible all foodstuffs and other provisions used in the feeding of jail prisoners and such clothing and medicine as may be necessary. Nothing herein shall be construed to require a sheriff, jail superintendent or a locality to pay for the medical treatment of an inmate for any injury, illness, or condition that existed prior to the inmate's commitment to a local or regional facility, except that medical treatment shall not be withheld for any communicable diseases, serious medical needs, or life threatening conditions. Invoices or itemized statements of account from each vendor of such foodstuffs, provisions, clothing and medicines shall be obtained by the sheriff or jail superintendent and presented for payment to the governing body of the city or county or, in the case of regional jails, the regional jail authority or, if none, that body responsible for the fiscal management of the regional jails, which shall be responsible for the payment thereof. He shall certify on each statement or invoice that the merchandise has been received and that the vendor has complied with the terms of the purchase. Such certification shall be in the following words: "I hereby certify that the merchandise or service has been received and that the terms of the purchase have been complied with on the part of the vendor. The merchandise or service has been or will be used solely for the feeding and care of prisoners confined in jail." If any county or city has a purchasing agent, the local governing body may require all such purchases to be made by or through the purchasing agent.
Code 1950, § 53-175; 1982, c. 636; 1991, c. 383; 2003, cc. 928, 1019; 2011, c. 727.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-127. Who may enter interior of local correctional facilities; searches of those entering

A. Members of the local governing bodies that participate in the funding of a local correctional facility may go into the interior of that facility. The Governor, members of the General Assembly, and agents of the Board may go into the interior of any local correctional facility. In addition, Department of Corrections staff and state and local health department staff shall, in the performance of their duties, have access to the interior of any local correctional facility subject to the standards promulgated pursuant to subsections A and B of § 53.1-68. Attorneys shall be permitted in the interior of a local correctional facility to confer with prisoners who are their clients and with prisoners who are witnesses in cases in which they are involved. Except for the announced or unannounced inspections authorized pursuant to subsections A and B of § 53.1-68 or a review conducted pursuant to § 53.1-69.1, the sheriff, jail administrator, or other person in charge of the facility shall prescribe the time and conditions under which attorneys and other persons may enter the local correctional facility for which he is responsible.
B. Any person seeking to enter the interior of any local correctional facility shall be subject to a search of his person and effects. Such search shall be performed in a manner reasonable under the circumstances and may be a condition precedent to entering a local correctional facility.
1982, c. 636; 1995, c. 797; 2017, c. 759; 2022, c. 277.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-127.1. Establishment of stores in local correctional facilities

Each sheriff who operates a correctional facility is authorized to provide for the establishment and operation of a store or commissary to deal in such articles and services as he deems proper. The net profits from the operation of such store that are generated from the inmates' accounts shall be used within the facility for educational, recreational or other purposes for the benefit of the inmates as may be prescribed by the sheriff. Any other profits may be used for the general operation of the sheriff's office. The sheriff shall be the purchasing agent in all matters involving the commissary and nonappropriated funds received from inmates. The funds from such operation of a store or commissary and from the inmate telephone services account shall be considered public funds.
1993, cc. 314, 616; 2002, c. 182; 2013, c. 91.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-127.2. Fees for electronic visitation and messaging with prisoners in local correctional facilities

Each sheriff or jail superintendent who operates a correctional facility that utilizes an electronic visitation system or electronic messaging system, including Voice-over-Internet Protocol technology and web-based communication systems, for communication between prisoners and third parties is authorized to provide for the establishment and collection of a fee for the system utilized. However, no fee shall be charged for communication between prisoners and third parties within any local correctional facility or appurtenance thereto operated or controlled by the sheriff or jail superintendent.
This section does not apply to telephonic communication systems or to electronic video and audio communication systems used in judicial proceedings.
2011, c. 532; 2013, c. 449.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-127.3. Deferred or installment payment agreement for unpaid fees

If a person is unable to pay in full the fees owed to the local correctional facility or regional jail pursuant to § 53.1-131.3, the sheriff or jail superintendent shall establish a deferred or installment payment agreement subject to the approval of the general district court. As a condition of every such agreement, a person who enters into a deferred or installment payment agreement shall promptly inform the sheriff or jail superintendent of any change of mailing address during the term of the agreement.
2012, c. 829; 2020, cc. 740, 741.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-127.5. Collection of fees owed; contract for collection; duties of Department of Taxation

The sheriff or jail superintendent may (i) contract with private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, or (iii) enter into an agreement with the county or city treasurer, upon such terms and conditions as may be established by guidelines promulgated by the Board, to collect fees imposed under § 53.1-131.3. As part of such contract, private attorneys or collection agencies shall be given access to the social security number of the person who owes the fees in order to assist in the collection effort. Any such private attorney or collection agency shall be subject to the penalties and provisions of § 18.2-186.3.
The fees of any private attorney or collection agency shall be paid on a contingency fee basis out of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520 et seq.). A local treasurer undertaking collection pursuant to an agreement with the sheriff or jail superintendent may collect the administrative fee authorized by § 58.1-3958.
2012, c. 829.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-128. Workforces and authorized work places

The local governing body of any county, city or town may establish workforces in the county, city or town under such conditions as it may prescribe. Such workforces are authorized to work on (i) public property or works owned, leased or operated by the Commonwealth or the county, city or town; (ii) a privately operated national park on federal land; (iii) any property owned by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) or (c)(4) and that is organized and operated exclusively for charitable or social welfare purposes whether the same is located within such county, city or town, or elsewhere; or (iv) private property (a) owned or occupied by an elderly or indigent person or persons where such property has been identified by a citizens housing advisory committee as needing rehabilitation or repair and the property owner has consented to such work or (b) classified as or used as a cemetery where such property has been abandoned and where on such property exist nuisances that have been identified by a municipal corporation for abatement or removal pursuant to § 15.2-1115 or a similar local ordinance. Every person 18 years of age or older who is convicted and confined for any violation of a local ordinance and who is confined as a punishment or for failure to pay a required fine, shall be liable to work in such workforce. Every person 18 years of age or older who is confined pending disposition of an offense under Chapter 5 (§ 20-61 et seq.) of Title 20 or a criminal offense not listed in § 19.2-297.1 may work in such workforce on a voluntary basis with the approval of and under the supervision of the sheriff or his designee.
Code 1950, § 53-163; 1970, c. 648; 1982, c. 636; 1991, c. 580; 1997, cc. 123, 546; 2010, c. 168; 2011, c. 767; 2019, c. 199.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-130. Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty

No sheriff, jail superintendent, deputy or other jail officer shall have any prisoner work on property owned by him or by his relative, or on projects in which he is interested, nor shall any such prisoner be used for the personal gain or convenience of any sheriff or of any other individual. Any person found guilty of a violation of this section shall be guilty of a Class 1 misdemeanor.
Code 1950, § 53-166; 1970, c. 648; 1982, c. 636; 1991, c. 383.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-131.1. Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty

Any court having jurisdiction for the trial of a person charged with a misdemeanor, traffic offense, any offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or a felony that is not an act of violence as defined in § 19.2-297.1 may, for good cause, if the defendant is convicted and sentenced to confinement in jail and the active portion of the sentence remaining to be served is 45 days or less, impose the remaining time to be served on weekends or nonconsecutive days to permit the convicted defendant to retain gainful employment; however, the court shall not impose weekends or nonconsecutive days for a person convicted of a felony if the Commonwealth objects. A person sentenced pursuant to this section shall pay an amount to defray the cost of his keep, which amount shall be the actual cost of incarceration but shall not exceed that amount charged to the Compensation Board for purposes of reimbursement as provided in the general appropriation act. Such amount shall be collected by the sheriff, if he is responsible for operating a jail, or by the regional jail superintendent, and remitted by the sheriff to the treasurer of the appropriate county or city, or by the regional jail superintendent to the regional jail board or authority, solely for the purposes of defraying the costs of such weekend or nonconsecutive incarceration. The funds collected pursuant to this section shall not be used for purposes other than those provided for in this section. The assessment provided for herein shall be in addition to any other fees prescribed by law. If the defendant willfully fails to report at times specified by the court, the sentence imposed pursuant to this section shall be revoked and a straight jail sentence imposed.
If an offender who has been sentenced to nonconsecutive days by the court is in violation of the rules of the jail pursuant to § 53.1-117, the sheriff or jail administrator may require the offender to serve out a portion or the entirety of the remainder of his sentence in consecutive days. Upon revoking the offender's ability to serve his sentence on nonconsecutive days, the sheriff or jail administrator shall notify in writing the court that sentenced the offender and indicate the specific violations that led to the decision.
The time served by a person sentenced for violation of state law in a local jail, regional jail, or local jail farm pursuant to this section shall be included in the count of prisoner days reported by the Department for the purpose of apportioning state funds to local correctional facilities for operating costs in accordance with § 53.1-84.
1983, c. 172; 1984, c. 490; 1994, c. 901; 1999, c. 9; 2002, cc. 805, 831; 2003, c. 1039; 2006, c. 792; 2018, c. 535.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-131.3. Payment of costs associated with prisoners' keep

Any sheriff or jail superintendent may establish a program to charge inmates a reasonable fee, not to exceed $3 per day, to defray the costs associated with the prisoners' keep. The Board shall develop a model plan and adopt regulations for such program, and shall provide assistance, if requested, to the sheriff or jail superintendent in the implementation of such program. Such funds shall be retained in the locality where the funds were collected and shall be used for general jail purposes; however, in the event the jail is a regional jail, funds collected from any such fee shall be retained by the regional jail. Any person jailed for an offense they are later acquitted for shall be refunded any such fees paid during their incarceration.
2003, c. 860; 2009, c. 842; 2010, c. 548.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-132. Furloughs from local work release programs; penalty for violations

The director of any work release program authorized by § 53.1-131 may, subject to rules and regulations prescribed by the Board, extend the limits of confinement of any offender participating in a work release program that is subject to the director's authority to permit the offender a furlough for the purpose of visiting his home or family. If such offender is participating in a work release program under the supervision of the administrator of a regional jail and the furlough would extend the limits of confinement of the offender to a locality not served by that regional jail, then notice of the furlough shall be provided to the sheriff of such locality. Such furlough shall be for a period to be prescribed by the director, not to exceed three days. The time during which an offender is on furlough shall not be counted as time served against any sentence, and during any furlough, no earned sentence credit as defined in § 53.1-116, good conduct allowance or credits, or any other reduction of sentence shall accrue.
Any offender who, without proper authority or without just cause, fails to remain within the limits of confinement set by the director hereunder, or fails to return within the time prescribed to the place designated by the director in granting such authority, shall be guilty of a Class 1 misdemeanor. An offender who is found guilty of a Class 1 misdemeanor in accordance with this section shall be ineligible for further participation in a work release program during his current term of confinement.
Code 1950, § 53-166.2; 1980, c. 566; 1982, c. 636; 2000, c. 423; 2003, c. 846; 2020, c. 4.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133. Treatment of prisoner with contagious disease

Upon application of the person in charge of a local correctional facility, if that application is affirmed by the physician serving such facility, a judge of a circuit court is authorized to have removed from any correctional facility within his jurisdiction any person confined therein who has contracted any contagious or infectious disease dangerous to the public health. Such persons shall be removed to some other place designated by the judge. When any person is so removed, he shall be safely kept and receive proper care and attention including medical treatment. As soon as he recovers his health, he shall be returned to the correctional facility from which he was moved, unless the term of his imprisonment has expired, in which event he shall be discharged, but not until all danger of his spreading contagion has passed. Expenses incurred under and by reason of this section shall be paid as provided by law.
Code 1950, § 53-135.2; 1979, c. 109; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.01. Medical treatment for prisoners

Any sheriff or superintendent may establish a medical treatment program for prisoners in which prisoners participate and pay towards a portion of the costs thereof. The State Board of Local and Regional Jails shall develop a model plan and promulgate regulations for such program, and shall provide assistance, if requested, to the sheriff or superintendent in the implementation of a program.
1994, c. 694; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.01:1. Payment for bodily injury

Each jail superintendent or sheriff who operates a correctional facility is authorized to establish administrative procedures according to regulations promulgated by the Board for recovering from an inmate the cost for medical treatment of a physical injury that is inflicted intentionally on any person, including the inmate himself, by the inmate. Such administrative procedures shall ensure that the inmate is afforded due process.
1997, c. 125; 2003, cc. 928, 1019.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.02. Notice to be given upon prisoner release, escape, etc.

Prior to the release, including work release, or discharge of any prisoner, and as soon as practicable following his transfer to a prison, a different jail facility, or any other correctional or detention facility, his escape, or the change of his name, the sheriff or superintendent who has custody of the prisoner shall give notice of any such occurrence, delivered by first-class mail or by telephone or both, to any victim of the offense as defined in § 19.2-11.01 who, in writing, requests notice or to any person designated in writing by the victim. The notice shall be given at least 15 days prior to release or discharge and as soon as practicable following a transfer, an escape, or a change of name. Notice shall be given using the address and telephone number provided in writing by the victim. For the purposes of this section, "prisoner" means a person sentenced to serve more than 30 days of incarceration or detention. Such notification may be provided through the Virginia Statewide VINE (Victim Information and Notification Everyday) System or other similar electronic or automated system.
No civil liability shall attach for a failure to give notice as provided in this section.
1995, c. 687; 2007, cc. 94, 109; 2015, c. 101.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.05. Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses

A. Any hearing held by a court pursuant to § 53.1-133.04 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place that may be made available by the sheriff or administrator in charge of a local or regional correctional facility and approved by the judge. Nothing herein shall be construed as prohibiting holding the hearing on the grounds of a correctional facility or a hospital or a facility for the care and treatment of individuals with mental illness.
B. Any special justice, as defined in § 37.2-100, and any district court substitute judge who presides over hearings pursuant to the provisions of § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 and his necessary mileage. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.
C. Every physician or clinical psychologist who is not regularly employed by the Commonwealth who is required to serve as a witness for the Commonwealth in any proceeding under § 53.1-133.04 shall receive a fee as provided in § 37.2-804. Other witnesses regularly summoned before a judge shall receive such compensation for their attendance and mileage as is allowed witnesses summoned to testify before grand juries.
D. Every attorney appointed under § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 for which he is appointed. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.
E. Except as hereinafter provided, all expenses incurred, including the fees, attendance, and mileage aforesaid, shall be paid by the Commonwealth. Any such fees, costs, and expenses incurred in connection with a proceeding under § 53.1-133.04, when paid by the Commonwealth, shall be recoverable by the Commonwealth from the prisoner who is the subject of the examination, hearing, or proceeding or from his estate. No such fees or costs shall be recovered, however, from the prisoner or his estate when no good cause for his admission exists or when the recovery would create an undue financial hardship.
2019, c. 809.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.1. Definition

As used in this article unless the context requires otherwise or it is otherwise provided, the term "jail industry program" means a program established by a sheriff or jail superintendent to provide employment and wage earning opportunities for persons under his custody. The program may include the production of goods and provision of services which will be marketed outside the facility.
1992, c. 859; 1995, c. 756.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.2. Establishment of jail industry programs

The sheriff or jail superintendent operating a local correctional facility, with the approval of the local governing body, jail farm board, or regional jail or jail farm board or regional jail authority, as the case may be, is authorized to establish a jail industry program within the facility he administers or on public property or works owned, leased or operated by the county, city, town or federal government, whether the same be located within such county, city or town or elsewhere. If elsewhere, the governing body of the locality where the proposed jail industry program is to be established shall approve the location of the program. Any such program shall be subject to the provisions of this article and shall not be established, operated, maintained or otherwise supported by state funds except as provided in § 53.1-133.6.
1992, c. 859; 1995, c. 756.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.3. Eligibility to participate

Any person under the custody of a sheriff or jail superintendent shall be eligible to participate in the jail industry program on a voluntary basis without regard to whether that person is awaiting disposition of charges or serving a previously imposed sentence. The sheriff or jail superintendent may establish additional eligibility criteria for participation in the program.
1992, c. 859; 1995, c. 756.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.4. Participant compensation

A. The sheriff or jail superintendent shall establish an amount to be allowed each jail industry program participant for each day of labor satisfactory to the sheriff or jail superintendent. The allowance shall be paid to the sheriff or jail superintendent or his designee. Distribution of a participant's allowance shall be in the same manner as provided for distribution of wages earned in a work release program pursuant to § 53.1-131. In addition, participants working in the jail industry program may have payroll deductions withheld and may be required by the sheriff, jail superintendent or his designee to contribute to victim restitution funds and to operating costs associated with the jail industry program. The total deductions must not total more than eighty percent of the participant's gross wages. The amount so deducted shall be deposited in the jail industries revenue fund and the sheriff, jail superintendent or his designee shall make the appropriate distributions of the money withheld. Any balance remaining at the conclusion of the participant's confinement shall be paid to the participant upon his release.
B. In addition, the sheriff or jail superintendent may establish a system of pay incentives for jail industry program participants. The system may provide for the payment of a bonus to any participant who is assigned to employment in any position of responsibility or who performs his job in an exemplary manner.
1992, c. 859; 1995, c. 756.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.5. Disposition of money collected and payment of expenses for jail industry program

A. Any county, city or town that implements a jail industry program shall authorize the sheriff, jail superintendent or his designee to establish a separate fund for the operation of the program. This fund may be a special revenue fund with continuing authority to receive income and pay expenses associated with the jail industry program. The county, city, or regional jail authority shall audit the jail industry's special revenue fund on an annual basis.
B. The sheriff or jail superintendent shall purchase at prices as low as reasonably possible all materials or other items used in the jail industry program as may be necessary. Invoices or itemized statements of account from each vendor of such materials and other items shall be obtained by the sheriff or jail superintendent and presented to the governing body of the county or city or, in the case of a regional jail or jail farm, the regional jail authority or, if none, that body responsible for the fiscal management of the regional jail or jail farm. The local governing body may require all such purchases to be made pursuant to local purchasing regulations.
1992, c. 859; 1995, c. 756.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.6. Restriction on sale of jail industry program goods and services; print shop

A. Articles produced or manufactured and services provided by participants in jail industry programs may be disposed of by the sheriff or jail superintendent by sale only to municipal and county agencies in Virginia and to federal, state and local public agencies within or without the Commonwealth. Except as otherwise provided, no articles produced or manufactured nor services provided by prisoners may be bought, sold or acquired by exchange on the open market.
B. The products of any printing shop in a jail industry program shall be sold only to the departments, institutions and agencies of the Commonwealth which are supported in whole or in part with funds from the state treasury and to offices or agencies of the counties, cities and towns of the Commonwealth. Such products shall not be sold on the open market.
1992, c. 859.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.7. Sale of artistic products

Subject to such rules as he may prescribe, the sheriff or jail superintendent may permit participants in jail industry programs to sell to the public artistic products personally crafted by the participants. Such artistic products shall include, but are not limited to, paintings, pottery and leatherwork.
1992, c. 859.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.8. Purchases by agencies, localities, and certain nonprofit organizations

Articles and services produced or manufactured by participants in jail industry programs:
1. May be purchased by all departments, institutions, and agencies of the Commonwealth that are supported in whole or in part with funds from the state treasury for their use or the use of persons whom they assist financially, provided such purchase is not in conflict with the provisions of Article 3 (§ 53.1-41 et seq.) of Chapter 2.
2. May be purchased by any county, district of any county, city, or town and by any nonprofit, volunteer emergency medical services agencies, fire departments, sheltered workshops, and community service organizations.
1992, c. 859; 2015, cc. 502, 503.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 3 - Local Correctional Facilities › § 53.1-133.9. Charges; advertisement and marketing

A. The sheriff or jail superintendent, or his designee, shall establish charges for articles produced or manufactured and services provided by the jail industry program that will, in his judgment, defray the administration, operation and maintenance costs and make allowances for depreciation, return on capital and contingencies.
B. The sheriff or jail superintendent, or his designee, may advertise and market articles produced or manufactured and services provided by the jail industry program in a manner that will, in his judgment, allow maximum work opportunities for program participants while assuring that the program will be self-supporting, provided such advertising and marketing do not violate other provisions of law.
1992, c. 859.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-134. Creation of Parole Board; appointment of members

There shall be a Parole Board which shall consist of up to five members appointed by the Governor and subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. At least one member of the Parole Board shall be a representative of a crime victims' organization or a victim of crime as defined in subsection B of § 19.2-11.01.
The members of the Parole Board shall serve at the pleasure of the Governor.
Code 1950, §§ 53-230, 53-231, 53-232, 53-233, 53-234, 53-235, 53-236; 1966, c. 638; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1975, c. 316; 1982, c. 636; 1984, c. 584; 1997, cc. 795, 883; 2002, c. 569.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-135. Chairman; Vice-Chairman of Board

The Governor shall designate one of the members so appointed as Chairman of the Board. The Board may elect one of its members as Vice-Chairman; in the absence of the Chairman, he shall have the same duties as are conferred upon the Chairman. The Chairman shall be a full-time state employee. The Governor may designate no more than two other members of the Board as full-time state employees. Members of the Board not designated full-time state employees shall be considered part-time state employees.
Code 1950, §§ 53-234; 53-235; 1966, c. 638; 1970, c. 648; 1973, c. 253; 1975, c. 316; 1978, c. 552; 1982, c. 636; 1988, c. 823; 1992, c. 144; 2002, c. 569.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-137. Revocation hearings and subpoenas; penalty for disobeying subpoena or hindering hearing

The Board is authorized to hold and conduct revocation hearings; to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before the Board or any representative of the Board; and to administer oaths and take testimony thereunder. The Board may authorize any member or other authorized representative of the Board to hold and conduct hearings, issue subpoenas, and administer oaths and take testimony thereunder. If any person fails or refuses to obey any such subpoena issued by the Board or any member or other authorized representative thereof, or hinders the orderly conduct and decorum of any hearing held and conducted by the Board or any member or other authorized representative thereof, he shall be guilty of a Class 1 misdemeanor.
Code 1950, § 53-239; 1970, c. 648; 1982, c. 636; 1985, c. 174.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-138. Access to prisoners; reports of prison officials

It shall be the duty of all prison officials to grant to the members of the Board, or its properly accredited representatives, access at all reasonable times to any prisoner whom the Board has power to parole; to provide for the Board and its representatives facilities for communicating with and observing such prisoner; and to furnish to the Board such reports as the Board or the Chairman shall request. Such reports may concern the conduct and character of any prisoner in their custody and other facts deemed by the Board pertinent in determining whether such prisoner shall be paroled.
Code 1950, § 53-240; 1970, c. 648; 1973, c. 253; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-139. Powers and duties of Chairman

In addition to other powers and duties prescribed by law, the Chairman of the Board shall:
1. Preside at all meetings of the Board; cause the keeping of minutes of its proceedings and all other records required by law or by the Board incident to its functions, powers and duties;
2. Exercise supervision for the Board through probation and parole officers over prisoners released on conditional pardon as the Governor may require;
3. Sign for the Board its approval of annual reports, evaluations, requests, plans, budgets and other similar documents prepared for the Governor, other departments, and other entities; and
4. Serve as spokesman for the Board unless the Board designates another.
Code 1950, §§ 53-241, 53-265; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1982, c. 636; 1984, c. 734; 1988, c. 823; 1992, c. 144.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-140. Powers and duties of Director of Department

The Director of the Department of Corrections shall:
1. Direct and supervise the work of all probation and parole officers employed and authorized as officers of the court pursuant to the provisions of this article and the Virginia Personnel Act (§ 2.2-2900 et seq.);
2. Carry or cause to be carried into effect all orders of the Board and all rules and regulations adopted by it pursuant to the provisions of this article;
3. Prepare and submit to the circuit courts of the Commonwealth lists of persons suitable and qualified, in his opinion, for authorization as probation and parole officers pursuant to the provisions of this article; and
4. Coordinate with the Parole Board the activities of the Department of Corrections that relate to parole.
Code 1950, § 53-241.1; 1974, cc. 44, 45; 1979, c. 700; 1981, c. 276; 1982, c. 636; 2003, c. 944.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-140.1. Department to provide services

The Department shall ensure that educational, vocational, counseling, substance abuse, rehabilitative, and reentry services are available at all probation and parole offices.
2020, Sp. Sess. I, cc. 50, 52.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-141. Division into probation and parole districts

The Director of the Department shall divide the Commonwealth into as many separate probation and parole districts as he deems necessary to carry out the purposes of this article. The Director may change the area embraced in any probation and parole district to conform to conditions and demands as they arise.
Code 1950, § 53-242; 1970, c. 648; 1974, cc. 44, 45; 1979, c. 700; 1982, c. 636; 1984, c. 514.