reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.3. Place of hearing or proceeding

Any hearing held by a court pursuant to § 53.1-40.1 or 53.1-40.2 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place which may be made available by the Director and approved by the judge. Nothing herein shall be construed as prohibiting holding the hearing on the grounds of a state or local correctional facility or a hospital or facility for the care and treatment of individuals with mental illness.
1988, c. 873; 2012, cc. 476, 507.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.4. Appeal of order authorizing involuntary admission

A. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall have the right to appeal such order to the circuit court in the jurisdiction wherein the prisoner is located. The decision of the circuit court shall be final with no further right of appeal.
B. Such appeal must be filed within ten days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding the provisions of § 19.2-241 providing time within which the court shall set criminal cases for trial. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the circuit court.
C. No appeal bond or writ tax shall be required and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 53.1-40.8.
D. The appeal to the circuit court shall be heard de novo. An order continuing the commitment shall be entered only if the criteria in § 53.1-40.2 are met at the time the appeal is heard. The prisoner so committed shall be entitled to trial by jury. Seven persons from a panel of thirteen shall constitute a jury in such cases.
E. If such prisoner is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee as provided in § 37.2-821. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.
1988, c. 873; 1994, c. 211.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.5. Transfer of prisoner involuntarily admitted

Whenever a prisoner is admitted to a hospital or facility for the care and treatment of individuals with mental illness, the Director may order the transfer of the prisoner to any other willing hospital or facility for the care and treatment of individuals with mental illness, and such other hospital or facility is authorized to admit such prisoner under the authority of the commitment order applicable to the hospital or facility from which such prisoner was transferred. No such transfer shall alter any right of a prisoner under the provisions of this article nor shall such transfer divest a judge or court, before which a hearing or request therefor is pending, of jurisdiction to conduct such hearing.
1988, c. 873; 2012, cc. 476, 507.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.6. Periodic review of prisoner for purposes of retention

The director of a hospital or facility shall require a review of the progress of each prisoner admitted to such hospital or facility to be conducted at intervals of thirty days, sixty days, and ninety days after admission of such prisoner and every six months thereafter to determine whether such prisoner should be retained at such hospital or facility. A record shall be kept of the findings of each review in the hospital's or facility's file on such prisoner.
1988, c. 873.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.7. Discharge of prisoner involuntarily admitted

A. The prisoner shall be discharged from a hospital or facility for the care and treatment of individuals with mental illness to a state or local correctional facility designated by the Director if there is no further need for involuntary hospitalization or at the expiration of 180 days unless involuntarily committed by further petition and order of a court as provided herein.
B. Notwithstanding the provisions of subsection A, if there is no further need for involuntary hospitalization, the prisoner may be retained in such hospital or facility if the prisoner (i) is capable of and consents to voluntary admission, and (ii) has been examined by a licensed physician, psychiatrist, or clinical psychologist acting on staff within his area of expertise and is determined to be in need of continued hospitalization.
1988, c. 873; 2005, c. 639; 2012, cc. 476, 507.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.8. Fees and expenses

A. Any special justice, as defined in § 37.2-100, and any district court substitute judge who presides over hearings pursuant to the provisions of §§ 53.1-40.1 and 53.1-40.2 shall receive a fee as provided in § 37.2-804 for each commitment hearing under § 53.1-40.2 and each proceeding under § 53.1-40.1 ruling on competency or treatment and his necessary mileage. However, if the commitment hearing under § 53.1-40.2 and the proceeding under § 53.1-40.1 are combined for hearing or are heard on the same day, only one fee shall be allowed.
B. Every physician or clinical psychologist who is not regularly employed by the Commonwealth of Virginia who is required to serve as a witness for the Commonwealth in any proceeding under this article shall receive a fee as provided in § 37.2-804 for each commitment hearing in which he serves. Other witnesses regularly summoned before a judge under the provisions of this article shall receive such compensation for their attendance and mileage as is allowed witnesses summoned to testify before grand juries.
C. Every attorney appointed under this article shall receive a fee as provided in § 37.2-804 for each commitment hearing under § 53.1-40.2 and each proceeding under § 53.1-40.1 for which he is appointed. However, if the commitment hearing under § 53.1-40.2 and the proceeding under § 53.1-40.1 are combined for hearing or are heard on the same day, only one fee shall be allowed.
D. 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 an examination or hearing for an admission pursuant to § 53.1-40.2 or in connection with a proceeding under § 53.1-40.1, 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. Such collection or recovery may be undertaken by the Department. All such fees, costs, and expenses, if collected or recovered by the Department, shall be refunded to the Commonwealth. 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.
1988, c. 873; 1990, c. 221; 2005, c. 716.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.9. Civil admission proceeding prior to release

A prisoner whose release from the custody of the Department of Corrections is imminent and who may have a mental illness and be in need of hospitalization or treatment may be the subject of an involuntary admission proceeding under §§ 37.2-814 through 37.2-819 within 15 days prior to his anticipated release date, and any order entered in such proceedings shall be effective upon the release of the prisoner from the Department of Corrections. If a commitment hearing for involuntary admission under §§ 37.2-814 through 37.2-819 is combined for hearing or is heard on the same day with either a commitment hearing under § 53.1-40.2 or a proceeding under § 53.1-40.1, or both, only one fee shall be allowed for the special justice or district court substitute judge conducting these proceedings and only one fee shall be allowed for the attorney representing the prisoner in these proceedings.
1990, c. 221; 2005, c. 716.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.11. Definitions

As used in this article, unless the context requires a different meaning:
"Postpartum recovery" means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the prisoner, following childbirth.
"Restraints" means any mechanical device, medication, physical intervention, or hands-on hold to prevent an individual from moving her body.
"Restrictive housing" means the same as that term is defined in § 53.1-39.1.
"Solitary confinement" means isolation of a prisoner from the general population through confinement to a cell or other place for 22 or more hours within a 24-hour period.
2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.13. Treatment of prisoners during postpartum recovery

A. No restraints shall be used on any prisoner who is in postpartum recovery, unless an employee of the Department has a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk. If there is a reasonable belief that the prisoner will harm herself, her newborn child, or any other person or poses a substantial flight risk and restraints are used, such restraints shall be the least restrictive possible. In such case, the employee ordering the use of restraints shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the use of restraints, containing justification for restraining the prisoner.
B. The Department shall not place any prisoner who has given birth in the past 30 days and is in postpartum recovery in restrictive housing or solitary confinement unless an employee of the Department has a reasonable belief that the inmate will harm herself, her newborn child, or any other person or poses a substantial flight risk. In such case, the employee authorizing the placement of the inmate in restrictive housing or solitary confinement shall submit a written report to the warden or other official in charge of the state correctional facility within 72 hours following the transfer, containing the justification for confining the prisoner in restrictive housing or solitary confinement.
C. Following the delivery of a newborn child by a prisoner, the Department shall permit the newborn child to remain with the mother for 72 hours unless a licensed medical or mental health care professional has a reasonable belief that the newborn child remaining with the mother poses a health or safety risk to the newborn child. During the 72 hours, the Department shall make available the necessary nutritional and hygiene products to care for the newborn child, including diapers, and the necessary postpartum recovery products for the mother. If the prisoner qualifies as indigent, such products shall be provided without cost.
2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.14. Reporting requirement

The warden or other official in charge of a state correctional facility shall compile a monthly summary of all written reports received pursuant to §§ 53.1-25.1, 53.1-40.12, and 53.1-40.13 and shall submit the summary to the Director each month.
2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.15. Training of correctional facility employees regarding pregnant inmates

For correctional officers, and juvenile correctional officers who may have contact with pregnant inmates, the compulsory minimum entry-level training standards established pursuant to § 9.1-102 shall include training on the general care of pregnant women, the impact of restraints on pregnant inmates and fetuses, the impact of being placed in restrictive housing or solitary confinement on pregnant inmates, and the impact of body cavity searches on pregnant inmates.
2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-40.16. Education for pregnant prisoners

The Department shall provide, to the extent practicable, educational programming for prisoners known to be pregnant related to (i) prenatal care, (ii) pregnancy-specific hygiene, (iii) parenting skills, (iv) the impact of alcohol and drugs on the fetus, (v) postpartum recovery health, and (vi) the general health of children.
2020, c. 526.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-41. Opportunities for work and career and technical education

A. To the extent feasible, it shall be the duty of the Director to provide persons sentenced to the Department with opportunities to work and to participate in career and technical education programs. Such work opportunities may include business, industrial, agricultural, highway maintenance and construction, and work release programs as hereafter specified in this article. In addition, prisoners may be employed to improve, repair, work on or cultivate public property or buildings.
In addition to meeting the qualifications for work performance and security compatibility, preference for placement in work programs shall be given to any prisoner who requests a work assignment and assigns a minimum of 50 percent of his earnings to his child support obligation.
B. When a person committed to the Department owes any court imposed fines, costs, forfeitures, restitution or penalties, he shall be required as a condition of participating in any work program to either make full payment or make payments in accordance with an agreed upon installment or deferred payment plan while participating in such work program. If, after the person enters into an installment or deferred payment agreement, the person fails to pay as agreed, his participation in the work program may be terminated until all fines, costs, forfeitures, restitution and penalties are satisfied. The Director shall withhold such payments from any amounts due to such person.
Code 1950, §§ 53-33, 53-57, 53-224; 1970, c. 648; 1982, c. 636; 2001, c. 483; 2006, c. 98; 2010, c. 616; 2012, cc. 803, 835.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-42. Allowance for work and disposition thereof

Every prisoner committed and transferred to the Department and thereafter confined for the sentence for which he was committed in a state or local correctional facility shall be allowed an amount to be established by the Director for each day of labor satisfactory to the superintendent or sheriff in whose charge he is. The allowance so made shall accumulate and be paid over to the prisoner upon discharge, except that an amount thereof to be determined by the Director may be drawn upon by the prisoner for such purposes as may be authorized by the regulations of the Director.
For the purposes of this section only, the phrase "transferred to the Department" means (i) the actual physical receipt by the Department of a prisoner in a state correctional facility or (ii) the complete processing by the Department of a prisoner for the purposes of classifying the person as a state prisoner whether or not the person is physically received into a state correctional facility.
Code 1950, § 53-220.1; 1970, c. 339; 1982, c. 636; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-43. Pay incentives for prisoners

The Director may establish a system of pay incentives for prisoners confined in any state correctional facility. Such system may provide for the payment of a bonus to any prisoner who is assigned to employment in any position of responsibility or who performs his job in an exemplary manner.
Code 1950, § 53-222; 1968, c. 590; 1982, c. 636; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-43.1. Inmate trust accounts

In addition to any other account established to hold funds for inmates, the Department shall establish for each inmate a personal trust account. Unless an inmate has been sentenced to be executed, is serving a sentence of life without the possibility of parole, or is sentenced to a term that makes him ineligible for release, excluding the conditional release of geriatric prisoners pursuant to § 53.1-40.01, prior to 75 years of age, 10 percent of any funds received by an inmate from any source shall be deposited by the Department in the inmate's personal trust account until the account has a balance of $1,000. When the inmate's personal trust account reaches $1,000, any funds received by the inmate shall be deposited in the inmate's other account.
An inmate may direct the Department at any time to deposit a portion or all of any funds received by him in the inmate's personal trust account. After the balance of a personal trust account has exceeded $1,000, an inmate may direct the Department to transfer funds from his personal trust account to any other account maintained for him; provided, however, that the balance of the personal trust account shall not fall below $1,000.
Funds in an inmate's personal trust account shall be paid to the inmate upon parole or final discharge.
2011, cc. 260, 284; 2017, c. 205.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-44. Investment of funds belonging to prisoners; use of income

Portions of the funds held by the Director or by any state correctional facility, which belong to prisoners may, in the discretion of the Director, be invested in bonds of the Commonwealth of Virginia or of the United States or in federally-insured investments. In determining how to invest the funds, the Director shall balance any long-term investments with those which permit ready accessibility to the funds. Any income or increment of increase received from the bonds or investments may be used by the Director for the benefit of the prisoners under his care.
Code 1950, § 53-223; 1970, c. 648; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-45. Sale of prison goods and services; print shop

A. Articles produced or manufactured and services provided by prisoners sentenced to state correctional facilities may be disposed of by the Director by sale only to municipal and county agencies in Virginia and to federal, state and local public agencies within or without the Commonwealth or as the Director, with the approval of the Governor, may deem to be in the best interests of 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 any state correctional facility 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 except as provided in § 53.1-45.1.
C. The Department shall not offer manufactured goods for resale to any department, agency or institution of the state unless those goods (i) have been incorporated into a finished product produced or manufactured by prisoners, (ii) are necessary for use with a product produced or manufactured by prisoners, or (iii) are a component part of a product system, a portion of which comprises goods produced or manufactured by prisoners.
Code 1950, §§ 53-63, 53-64; 1970, c. 648; 1977, c. 540; 1982, c. 636; 1983, c. 186; 1993, cc. 464, 488; 1998, c. 240.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-45.1. Work programs; agreements with other entities

A. The Director, with the prior approval of the Governor, may enter into an agreement with a public or private entity to operate a work program in a state correctional facility for prisoners confined therein.
B. Articles produced or manufactured and services provided by prisoners participating in such a program may be purchased as provided in § 53.1-47 and may be bought, sold or acquired by exchange on the open market through the participating public or private entity.
C. The Director shall arrange for compensation for such employment. Wages earned by prisoners shall be paid to the Director who shall deduct from such wages, in the following order of priority, an amount to:
1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order;
2. Pay any fines, restitution or costs as ordered by the court; and
3. Defray a portion of the prisoner's keep.
The balance shall be credited to the prisoner's account in accordance with § 53.1-42.
1993, cc. 464, 488; 1996, cc. 284, 368; 2003, cc. 94, 854.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-46. Sale of artistic products

Subject to such rules as he may prescribe, the Director may permit prisoners confined in state correctional facilities to sell to the public artistic products personally crafted by the prisoners. Such artistic products shall include, but are not limited to, paintings, pottery and leatherwork.
1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-47. Purchases by agencies, localities, and certain nonprofit organizations

Articles and services produced or manufactured by persons confined in state correctional facilities:
1. Shall 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. Except as provided in § 53.1-48, no such articles or services shall be purchased by any department, institution, or agency of the Commonwealth from any other source; and
2. May be purchased by any county, district of any county, city, or town and by any nonprofit organization, including volunteer emergency medical services agencies, fire departments, sheltered workshops, and community service organizations.
Code 1950, § 53-67; 1970, c. 648; 1972, c. 54; 1975, c. 647; 1980, c. 240; 1982, cc. 499, 636, 647; 1993, cc. 464, 488; 2015, cc. 502, 503.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-48. Exceptions as to purchases

A department, institution, or agency of the Commonwealth may be granted an exemption from the provisions of § 53.1-47 with the written consent of the Chief Executive Officer of the Virginia Correctional Enterprises Program in any case where (i) the article so produced or manufactured does not meet the reasonable requirements of the department, institution, or agency, (ii) an identical article can be obtained at a verified lesser cost from the private sector, which is evidenced by a verified request for pricing, or (iii) the requisition made cannot be complied with on account of an insufficient supply of the articles or supplies required, or otherwise. In any case where an exemption from the provisions of § 53.1-47 is not granted as provided in this section, the Chief Executive Officer of the Virginia Correctional Enterprises Program shall provide a written justification for the denial to the department, institution, or agency that requested the exemption.
Code 1950, § 53-69; 1958, c. 124; 1982, cc. 499, 636; 1984, c. 720; 2012, c. 360; 2019, c. 167.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-49. Evasion by variance from specifications of Director

No department, institution or agency of the Commonwealth shall be allowed to evade the intent and meaning of §§ 53.1-47 and 53.1-48 by slight variations from specifications adopted by the Division of Purchases and Supply of the Department of General Services pursuant to § 2.2-1112, when the articles produced or manufactured in accordance with specifications of the Department are reasonably adapted to the actual needs of the department, institution or agency.
Code 1950, § 53-70; 1982, cc. 636, 647.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-50. Vouchers, certificates and warrants not to be questioned

No voucher, certificate or warrant issued on the Comptroller by any such department, institution or agency shall be questioned by him or by the State Treasurer on the ground that §§ 53.1-47 through 53.1-49 and § 53.1-52 have not been complied with by such department, institution or agency.
Code 1950, § 53-71; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-51. Intentional violations constitute malfeasance

Intentional violations of §§ 53.1-47 through 53.1-49 and § 53.1-52 by any such department, institution or agency, continued after notice from the Governor to desist, shall constitute malfeasance in office, and shall subject the officer or officers responsible for such violations to suspension or removal from office, as may be provided by law in other cases of malfeasance.
Code 1950, § 53-72; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-52. Procedure for purchases

All purchases, except for those of information technology and telecommunications goods and services as provided in § 2.2-2012, made by departments, institutions and agencies of the Commonwealth shall be made as provided by the Division of Purchases and Supply of the Department of General Services. All purchases of information technology and telecommunications made by departments, institutions, and agencies of the Commonwealth shall be made as provided by the Virginia Information Technologies Agency. All other purchases shall be upon requisition by the proper authority of the county, district, city or town requiring such articles.
Code 1950, § 53-68; 1958, c. 124; 1982, cc. 636, 647; 2003, cc. 895, 981, 1021.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-53. Transfer or sale of by-products of manufacturing processes

In those industries operated by the Department in which saleable by-products are generated while producing primary products, such by-products shall not be classified as surplus supplies or equipment. Such by-products shall be disposed of as provided in § 2.2-1124. Proceeds from the sale of such by-products shall be paid into the state treasury and credited to the special funds account of the generating industry.
1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-54. Charges and catalogue; annual estimates of requirements by departments, etc.

A. The Director shall establish charges for articles produced or manufactured and services provided by prison labor that will, in his judgment, defray the administration, operation and maintenance costs and make allowances for depreciation, return on capital and contingencies.
B. A catalogue shall be prepared by the Department on a periodic basis which describes all articles and supplies manufactured and produced by persons confined in state correctional facilities. Copies of the catalogue shall be sent to all departments, institutions and agencies of the Commonwealth mandated to purchase such articles and supplies. At least thirty days before the commencement of each fiscal year, the proper official of each department, institution and agency of the Commonwealth shall report to the Division of Purchases and Supply estimates of the kinds and amounts of articles and supplies required by it for the ensuing year. Such estimates shall refer to the catalogue issued by the Director insofar as the articles and supplies indicated are included within the catalogue.
Code 1950, §§ 53-62, 53-73; 1958, c. 124; 1970, c. 648; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-55. Sale or exchange of goods manufactured by prisoners of other states

It shall be unlawful for any person within this Commonwealth to buy or acquire by exchange on the open market, either for his own use or for the purpose of resale, or for any person to sell or exchange on the open market within this Commonwealth, any goods, wares or merchandise prepared in whole or in part, or manufactured by prisoners of any other state, other than prisoners on parole or probation.
Any person or any agent or manager for any person who shall violate any provision of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than $500 or imprisonment for not more than one year, or both in the discretion of the court or jury trying the case.
Code 1950, § 53-74; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-56. Construction and maintenance of highways; grass cutting; acquisition of quarries, etc.; use of materials for county roads

Persons sentenced to the Department shall, so far as practicable, be employed in the construction and maintenance of the primary state highway system and secondary system of state highways, and to this end may be used in rock quarries, gravel pits and other plants in the preparation of materials for construction and maintenance of roads and in the maintenance of any or all medians and other nontraveled portions of such highways. Persons sentenced to the Department may also be employed in the maintenance of the rest areas along the Interstate Highway System, providing that such maintenance activities are jointly approved by the Department and the Virginia Department of Transportation based on the safety of the traveling public.
The Commonwealth Transportation Board may acquire out of the proceeds of the money, now or hereafter available for construction and maintenance of the primary state highway system and secondary system, such quarries, gravel pits or plants as may in its opinion be necessary for such work. The Board shall on the request of any county road authorities allow such county road authorities to take from such quarries or gravel pits or shall sell to such county road authorities at cost of production such materials as may be required to be used for the construction and maintenance of county roads. This arrangement shall in no way interfere with the furnishing of materials by the Board for the maintenance or construction of the primary state highway system and secondary system.
The Department of Transportation shall make requisition from time to time upon the Director for the number of prisoners it deems necessary for the work on the primary state highway system or secondary system or for the preparation of road material for road construction and maintenance, in the maintenance of any or all medians and other nontraveled portions of such highways, and in the maintenance of the rest areas along the Interstate Highway System. The number of prisoners so requisitioned shall be furnished subject to availability as determined by the Director of the Department of Corrections.
Fifteen days prior to a prisoner's participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, notice of the prisoner's participation. Such notice shall include the name, address and criminal history of the prisoner, in addition to other 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, § 53-109; 1970, c. 648; 1974, c. 128; 1982, c. 636; 1989, c. 652; 2010, c. 128; 2011, cc. 40, 48; 2013, cc. 585, 646.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-57. Payments by Department of Transportation to Director for labor

The Department of Transportation shall pay to the Director monthly for the hours prisoners are employed on the state highway primary system and secondary system and work incidental thereto, an amount agreed upon by the Department of Corrections and the Department of Transportation. Monthly payments by the Department to the Director shall be made not later than the fifteenth day of the succeeding month after the work or labor has been performed for the Department.
Code 1950, § 53-71; 1958, c. 324; 1960, c. 450; 1970, c. 648; 1982, c. 636; 2013, cc. 585, 646.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-58. Highway employees as guards

The Director, with the consent of the Commissioner of Highways, may appoint and authorize employees of the Department of Transportation to act as guards of prisoners when such prisoners are at work on the roads under the jurisdiction of the Commonwealth Transportation Board. Such employees shall be deemed to be acting within the scope of their official duties for the Board when acting as guards pursuant to this section. The Director may authorize such employees to carry firearms in accordance with § 53.1-29.
Code 1950, § 53-122; 1958, c. 572; 1970, c. 648; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-59. Prisoners performing work for localities, state agencies or nonprofit civic organizations; payment of costs; foremen as guards

The Director is authorized to enter into agreements with the proper authorities of any state agency, county, city, town, local commission or nonprofit civic organization in the Commonwealth to build and maintain roads and streets and to perform such other public works as he may approve. The state agency, county, town, city, local commission or nonprofit civic organization for which such work is performed may be required to pay to the Department in monthly installments such sum as is necessary to cover the costs of work done by such prisoners at the rate specified in the agreement authorized by § 53.1-57.
The state agency, county, town, city, local commission or nonprofit civic organization that has the use of prison labor authorized by this section shall designate the projects to be worked. It may be required to furnish all engineering service, tools, implements, machinery and equipment used in such projects; shall secure rights-of-way; and shall furnish such foremen as the Director deems necessary and acceptable to direct the work. The Director may authorize such persons employed as foremen to carry firearms in accordance with § 53.1-29.
Fifteen days prior to a prisoner's participation in the program, the Director shall give the chief of police, sheriff or local chief law-enforcement official of the locality in which the prisoner will work, written notice of the prisoner's participation. Such notice shall include the name, address and criminal history of the prisoner in addition to other information the chief of police or such officer may request. A copy of such notice shall be provided to the attorney for the Commonwealth and the governing body where the work is to be performed. The transmission of information shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). When notice has been requested in accordance with § 53.1-133.02, the Director shall provide notice to the victim that the prisoner has been assigned to a facility where the prisoner may participate in supervised work programs established pursuant to this section.
Code 1950, § 53-122.1; 1962, c. 370; 1970, c. 648; 1982, c. 636; 1989, c. 652; 1991, c. 412; 1996, cc. 703, 726.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-60.1. Duties of Director in collecting court-imposed debt

Upon receipt of a valid court order or judgment against a person confined in a state correctional facility, the Director or his designee shall satisfy, to the extent possible, the amount required to be paid by the order or judgment from the inmate's trust account. The Director shall promulgate regulations governing the process of collecting funds from inmates to be used for (i) the satisfaction of judgments or orders granting monetary relief or imposing fines or other monetary sanctions or (ii) payment of court costs and fees.
1998, c. 596.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-61. Determination whether prisoner has dependents receiving public assistance; payment of portion of earnings; remedies for enforcement of support obligation

A. In order to determine whether a prisoner to be released for employment as provided in § 53.1-60 has dependents receiving public assistance benefits, the Director may require such person to reveal the identity and residence of any dependents as a condition to release. The Director shall notify any such dependents, the local department of social services where such dependents reside and the Commissioner of Social Services of the release of such person for employment. Upon request of the local department of social services or the Commissioner of Social Services, the Director shall withhold and pay over a portion of the person's earnings as provided in § 53.1-60.
B. If the local department of social services or the Commissioner of Social Services objects to the amount withheld by the Director, the balance credited to the person's account shall be subject to all civil remedies provided by law to the local department of social services or the Commissioner of Social Services for the enforcement of support of dependents receiving public assistance benefits.
C. The director of the local department of social services and the Commissioner of Social Services or their designees shall be permitted access to the records of the Director concerning the earnings of the prisoner.
Code 1950, § 53-38.01; 1978, c. 660; 1982, c. 636; 2002, c. 747.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-62. When ineligible for work release

Any person who is released from confinement for work release employment pursuant to the provisions of § 53.1-60, who is convicted of a felony included within Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, or arson, burglary or robbery committed while so released, shall, after such conviction, be ineligible for work release employment during the remainder of the sentence or sentences imposed upon him prior to his release for work release employment.
Code 1950, § 53-38.1; 1976, c. 210; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-63. Department to establish facilities for persons committed under Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2

A. The Department shall establish, staff and maintain, at any state correctional facility designated by the Director, programs and housing for the rehabilitation, training and confinement of persons committed to the Department under the provisions of Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2. Persons admitted to these facilities shall be determined by the Department to have the potential for rehabilitation through confinement and treatment therein.
B. Elements of the program shall include but not be limited to (i) an initial period of military style drill, (ii) cognitive behavioral restructuring designed to teach responsibility and accountability through anger management, life skills development, substance abuse education, parenting skills development and peer tutoring, (iii) developmental counseling as needed, (iv) academic education, career and technical education, and apprenticeships, and (v) transitional release, reentry services, aftercare and intensive parole supervision.
Code 1950, § 53-128.1; 1966, c. 482; 1974, cc. 44, 45; 1982, c. 636; 1990, c. 701; 2000, cc. 668, 690; 2001, c. 483; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-63.1. Department to establish facilities for juveniles sentenced as adults

The Department shall establish, staff and maintain, at any state correctional facilities designated by the Director, programs and housing for the rehabilitation, training, and confinement of juveniles sentenced by the circuit courts as adults and committed to the Department pursuant to § 16.1-272. The Department shall establish, staff, and maintain education for such juveniles in accordance with standards established by the Department of Juvenile Justice.
1996, cc. 755, 914; 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 › § 53.1-64. Programs and facilities

The Department shall establish and maintain within each facility programs for counseling and education, including career and technical education; buildings sufficient to ensure the secure confinement of persons admitted to the facility; and programs in at least one such facility for the study, testing and diagnosis of the following persons:
1. Persons committed to the Department for diagnosis and evaluation under the provisions of § 19.2-316 for a determination as to the likelihood of their benefitting from the program of such facility; and
2. Persons confined in the state corrections system under the indeterminate period of commitment authorized by Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2, to evaluate their progress periodically and to determine their readiness for release.
Code 1950, § 53-128.2; 1966, c. 482; 1982, c. 636; 1990, c. 701; 2001, c. 483.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-65. Consideration of report developed at diagnostic facilities

The Department shall give careful consideration to the report developed at the diagnostic facilities established under § 53.1-64 in determining whether persons committed to it under the provisions of § 19.2-311 et seq., are to be confined at a youthful offender facility or elsewhere in the state corrections system.
Code 1950, § 53-128.3; 1966, c. 482; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-66. Transfer of prisoners to other facilities

Any person confined by the Department in a facility established by this chapter may be transferred from such facility to other facilities in the state corrections system for the remainder of the period of commitment under § 16.1-272 or Article 2 (§ 19.2-311 et seq.) of Chapter 18 of Title 19.2, upon a written finding by the Department submitted to the sentencing court that the person has exhibited intractable behavior or, in the case of persons committed under § 19.2-311, otherwise becomes ineligible to use such facilities pursuant to § 19.2-311.
"Intractable behavior" means behavior which (i) indicates an inmate's unwillingness or inability to conform his behavior to that necessary to his successful completion of the program or (ii) is so disruptive as to threaten the successful completion of the program by other participants.
Code 1950, § 53-128.4; 1966, c. 482; 1982, c. 636; 1990, c. 701; 1996, cc. 755, 914.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-67. Admission to facility; good conduct allowance restricted

In no case shall a person previously confined in a youthful offender facility, whether for a different or the same offense, be confined again in such a facility, except for the purposes of study, testing and diagnosis.
The provisions of §§ 53.1-191, 53.1-196, and 53.1-198 through 53.1-201 relating to good conduct credits and allowances and extraordinary service and the provisions of § 53.1-187 relating to credit for time served in a correctional facility or juvenile detention facility shall not apply to persons sentenced to an indeterminate sentence under § 19.2-311 for a crime committed on or after July 1, 1983. Acts performed by such persons which would earn credit for them under § 53.1-191, if it were applicable, shall be noted on their record by the authorities of the facility.
Code 1950, § 53-128.5; 1966, c. 482; 1982, c. 636; 1983, c. 606; 1984, c. 313; 1990, c. 701.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-67.2. Purpose

The purposes of this article are to (i) provide effective protection of society and (ii) provide efficient and economical correctional services by establishing and maintaining appropriate sanction alternatives and by assisting state-responsible offenders who are incarcerated in returning to society as productive citizens, with the goal of reducing the incidence of repeat offenders.
1994, 2nd Sp. Sess., cc. 1, 2.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 2 - State Correctional Facilities › § 53.1-67.3. Establishment of system

The Director shall establish a statewide community-based system of programs, services and residential and nonresidential facilities for (i) those state-responsible offenders convicted of felonies and sentenced to alternative forms of punishment and (ii) those state-responsible offenders who the Director has determined, after a period of incarceration in a state or local correctional facility, require less secure confinement or a lower level of supervision. Facilities established pursuant to this article may be partially or completely physically restrictive with varying levels and types of offender control.
1994, 2nd Sp. Sess., cc. 1, 2.